Could executive action cause loss of consigned firearms?

[Alfonse99]

Here's the concern: If I had something like an AR15 at a gun store, consigned but for sale, that weapon is transferred to the gun store and is legally in their possession, not mine, at least in my state it is.

If an executive action banned transfers to private individuals, tomorrow, of that weapon, what happens? I think it is gone and the dealer could no longer transfer it back. If they cannot sell it, how would they compensate me?

Please excuse if this has already been posted, I haven't seen it.

 

[breakingcontact]

If you're concerned about it, I'd go pick it up. Anything is possible.

 

[Alfonse99]

I completed all my pending transactions with dealers this weekend. I was chatting about it with my FFL and he did not know what would happen. I agree, it might be best to not have anything on consignment for a little while.

 

[kwguy]

I'm not to sure an EO could do that, but in any event, they take effect 30 days after they are published...

http://usgovinfo.about.com/od/thepresidentandcabinet/a/Presidential-Executive-Orders.htm

 

[bhk]

If you have an AR on consignment at a 'reasonable' price, it should not stay on the shelf for more than a few minutes. I talked to a gun dealer the other day about consigning an AR and he said 'just hand it over, walk to the other side of the store and look at reloading stuff, and walk back over to me in a few minutes to collect your money." And that was at a price well above what it was worth to me and still not at the gouging level.

 

[Cosmoline]

If an executive action banned transfers to private individuals, tomorrow, of that weapon, what happens?

The question doesn't make sense in context. As far as federal law is concerned the dealer has the firearm on its books and will run it through NICS if that changes. There is no private transfer involved under federal law when you consign a firearm to a dealer who sells it. It's all through the FFL.

State law on consignments is something different and would only come into play if there's some kind of disagreement over the firearm sale.

 

[joeschmoe]

Seriously? Do you think the POTUS can order anything he wants?

If the President signed an EO that you must bow and kiss his feet would you do it?

You do realize he's not a king right? He can't just ban all gun transfers because he wants to. What you describe is NOT within the power of the President and know one in government has suggested it.

 

[Killian]

As commander in chief, can he order the military to adopt a new rifle in a new caliber?

 

[RockyTop]

Seriously? Do you think the POTUS can order anything he wants?

If the President signed an EO that you must bow and kiss his feet would you do it?

You do realize he's not a king right? He can't just ban all gun transfers because he wants to. What you describe is NOT within the power of the President and know one in government has suggested it.

Exactly. There is very limited authority he has outside of Congress. They pass legislation...he can't just dictate his own laws.

 

[joeschmoe]

oops. "No one", not "know one". duh.

 

[joeschmoe]

As commander in chief, can he order the military to adopt a new rifle in a new caliber?

Yes, but since it would require money to implement it... it wouldn't be worth the paper it's written on without Congress agreeing to pay for it. So legally yes, in a practical sense, no.

 

[JohnBT]

I have thought about unloading an entry-level RRA at a local shop. How do I get it into the store without being mobbed in the parking lot?

Speaking of how the bills get paid:

Article I, section 7 mandates that all appropriation bills start in the House of Representatives. "All bills for raising revenue shall originate in the House of ...

 

[Frank Ettin]

If an executive action banned transfers to private individuals,..

That can't be done by executive order.

We talked about the legal issues associated with executive orders in this thread, this thread, this thread, and this thread.

Here's a good article helping to add some rationality to the discussion.

Note that law professor Adam Winkler states (regarding Obama's options by executive order):

...His [Obama's] options are limited," Adam Winkler, constitutional scholar at the UCLA School of Law, said by phone Friday. "He can seek to better enforce existing federal law, but he can't act contrary to existing federal law....

And now we're done here.