Biden On Guns: Executive Order Is On The Table

[Xithras]

28. It will be interesting to see what he can do. The scope of Executive Orders is limited.

They can only be used to define (or refine) powers already delegated to the Executive branch by Congress. Harry Truman famously tried to nationalize steel mills during the Korean War by an Executive Order. That led to Youngstown vs. Sawyer, in which the Supreme Court ruled that the attempt was illegal, because Congress had not passed any laws giving the President authorization to seize or control private property that way.

The President could NOT, for example, issue an order seizing all guns, or instituting new taxes on guns, because those powers are not given to him or are reserved for Congress. However, the BATF and FBI are under the Executive, and Congress HAS given them powers to implement background checks and register some types of firearms. The President COULD potentially implement an Executive Order that expanded these, so long as his order didn't try to override any existing laws.

He certainly has some room to work within the confines of his existing powers, so it will be interesting to see what the White House can come up with.