[zukiphile]

Originally Posted by Frank Ettin

Not really. The authority to issue regulations on a matter must be conferred in some way by a statute to which a regulation pertains. Issuance of regulations is in effect a delegation of legislative authority, and there is a large body of decisional law circumscribing that regulatory authority.

The Gun Control Act of 1968 allow for restriction from import arms without a "sporting purpose". There was no Congressional act that empowered the BATF to restrict from import arms not designed for hunting, yet subsequent regulation established such a restriction.

This is an example of a statute which is silent on a matter, i.e. restriction from import on arms without a "hunting purpose", but where an agency is granted that authority by way of regulation.

It is entirely reasonable for people to worry that the executive will overstepp his constitutional limits in its effort to establish greater restrictions. My crystal ball does not prevent me to assure anyone that the manner of implementation and substance of a future restriction will be consistent with our understanding of the constitutional limits of executive power.