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Old January 9, 2013, 10:33 PM   #94
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,530
Quote:
Originally Posted by Daugherty16
I am not a lawyer...
I am a lawyer.

Quote:
Originally Posted by Daugherty16
...It could easily change the list of banned imports, or records retention from NICS checks, create a national registration program, magazine limits, etc...
Nope, not if such matters aren't within the existing scope of the statutes or regulations. A President can not by executive order impose new limitations or restrictions or burdens outside or beyond those already imposed by statute.

Quote:
Originally Posted by Daugherty16
... as with the immigration EO directing ICE to stop enforcing sections of putative valid statutory provisions,...
The doctrine of prosecutorial discretion is well entrenched in the law. It is a matter of allocating available law enforcement or prosecutorial resources.
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