President Barack Obama introduced new gun restrictions in the form of an executive action, a procedure that is not subject to congressional review. Now, a conservative group has come forward to serve the Obama administration with a lawsuit, alleging that Obama’s executive action wrongfully circumvents both Congress and the Constitution.
Photo by Alex Wong/Getty Images
Freedom Watch has long criticized Obama for his stance on gun control, arguing in favor of a strict adherence to the Second Amendment. “The president states that he is doing so purely because he does not like the legislative decisions of the Congress,” wrote Larry Klayman, the founder of Freedom Watch.
“These actions are unconstitutional abuses of the president’s and executive branch’s role in our nation’s constitutional architecture and exceed the powers of the president as set forth in the U.S. Constitution,” he added.
The U.S. District Court for the Southern District of Florida will handle the case, which also names Attorney General Loretta Lynch and the Bureau of Alcohol, Tobacco, Firearms, and Explosives Director Thomas Brandon as defendants. On issue will be whether or not Obama’s gun orders conflict with the Constitution, as well as whether Obama’s power as president to enact executive orders extends to this particular case.
Obama levied the power of executive action to grant protection from deportation to millions of illegal immigrants, but the plan has faced a lengthy battle in 26 states’ lower courts and has only partially been implemented. However, legal experts have expressed confidence that Obama’s gun control executive order will pass, despite a number of similar lawsuits that will almost certainly arise.
The president unveiled the new gun orders two weeks ago, pointing to the recent string of mass murders using high-capacity automatic firearms. Gun dealers will be forced to perform more background checks as part of the new rules, which have faced a strong challenge from powerful lobbying groups like the National Rifle Association.