The President cannot ban anything via EO unless the power to do so has already been delegated to him via a law passed by Congress. An example of such would be the 1989 ban on importation of so-called "assault weapons" as that was a regulatory power delegated to the administration via the Gun Control Act of 1968. There has been no law passed by Congress which delegates enough discretionary power to the President to enact sweeping gun control measures like we're seeing in New York.
Smith, and Wesson, and Me. -H. Callahan
Well waddaya know, one buwwet weft! -E. Fudd
All bad precedents begin as justifiable measures. -J. Caesar
Last edited by Tom Servo; January 17, 2013 at 10:12 AM.
Reason: Response to deleted post