Likelyhood of return to the assault weapons ban?

[Panoply]

Do y'all think Congress and B. Hussein Obama will give us another decade of grief? I was ages 18-28 and not interested then in 'assault' weapons or indeed anything outside of hunting rifles, shotguns and a very few revolvers. It was a nationwide ban on magazines over 10 rounds, right? And something about making a loophole for 'assault rifles' by removing or making a faux-pistol grip - something they are unlikely to miss this go around.
What I'm curious about is the likelihood of this happening and if it does how long it CAN last. Why was the last for 10 years? Could they 'permanently' ban these? Ban them till another Congress strikes it down (a big 'if' as it would set anti-gun types into conniptions)?

[Chemsoldier]

I consider it unlikely that we will see a return of the AWB before the next congressional election in 2014. I dont think the votes are there. I think some gun control laws may pass such as tweaks to how NICS works. Most of the gun control action will be in the states as already restrictive states get more so.

[Le Français]

It was a nationwide ban on magazines over 10 rounds, right? What I'm curious about is the likelihood of this happening and if it does how long it CAN last. Why was the last for 10 years? Could they 'permanently' ban these? Ban them till another Congress strikes it down (a big 'if' as it would set anti-gun types into conniptions)?

The last one included a nationwide ban on magazines over 10 rounds, but existing magazines were grandfathered in. The other affected features were largely cosmetic in nature. The '94 ban lasted 10 years quite simply because it included a clause whereby the law would sunset in '04.

This time around, Congress could permanently ban them, yes. A sunset clause is not required. Remember, Congress can do pretty much whatever it has the votes to do, as long as the President will sign it. Even if legislation is blatantly unconstitutional, the courts only get a say after the fact.

[G60]

Federal ban, not going to happen. When the NRA and NSSF say it's not going to happen, it's not going to happen. http://www.nola.com/politics/index.ssf/2013/01/nra_predicts_congress_will_rej.html

Remain vigilant. Universal BG checks, magazine restrictions not off the table.

And if they don't get what they want this time, they've got no problem waiting for the next tragedy to exploit.

[Kyle Reese]

Federal ban, not going to happen. When the NRA and NSSF say it's not going to happen, it's not going to happen. http://www.nola.com/politics/index.ssf/2013/01/nra_predicts_congress_will_rej.html

Remain vigilant. Universal BG checks, magazine restrictions not off the table.

And if they don't get what they want this time, they've got no problem waiting for the next tragedy to exploit.

Concur. I you haven't already done so, take the time to write to your elected representatives, Panoply.

I think the states with anti-gun assemblies will see the most draconian gun control measures passed/implemented (see CT,IL,MD,NY) before things ever get that bad on the Federal level.

[wrt81]

There's been a lot of talk about what Obama can do via Executive Order. From what I've read, he can change the import laws via EO. I believe Bush Sr did it as well. Not sure if he will take that step or what the EO would entail. I don't know what the limits are that they can take via EO on the import stuff.

Anyone know if they could flat out ban the import of all semi-autos and magazines? HKs, Glocks?

[TGS]

Anyone know if they could flat out ban the import of all semi-autos and magazines? HKs, Glocks?

Yes. Importation of firearms is not protected by the 2nd Amendment, from what I understand.

[Spr1]

The GCA of '68 put a "sporting purposes" test onto imports. EO's can only modify existing laws (well in a constitutional republic at least).

That is what led to restrictions on shotguns and rifles from Europe thanks to Bush the Elder.

0bama could ban import of handgun magazines, handgun parts, etc.

I have read, but not confirmed, that the sporting purposes test harkens back to nazi era laws. Regardless, having a sporting purposes test applied to the second amendment means we have already fallen far.

[JV_]

http://www.rollcall.com/news/reid_downplays_chances_for_assault_gun_ban_filibus ter_changes-220713-1.html?zkPrintable=true

Senate Majority Leader Harry Reid told a Nevada television station Friday that the Senate is unlikely to pass an assault weapons ban or a radical revamp of filibuster rules.

[wrt81]

Evidently they are reading 19 EOs:

http://www.politico.com/story/2013/01/biden-guns-executive-actions-86187.html?hp=t2_3

[RoyGBiv]

Evidently they are reading 19 EOs:

http://www.politico.com/story/2013/01/biden-guns-executive-actions-86187.html?hp=t2_3

And Texas threatens to impeach.
http://dailycaller.com/2013/01/14/gop-congressman-threatens-impeachment-if-obama-uses-executive-action-for-gun-control/


Texas Republican Rep. Steve Stockman threatened Monday afternoon that he would file articles of impeachment against President Barack Obama if he institutes gun control measures with an executive order.

Stockman warned that such executive orders would be “unconstitutional” and “infringe on our constitutionally-protected right to keep and bear arms.”

“I will seek to thwart this action by any means necessary, including but not limited to eliminating funding for implementation, defunding the White House, and even filing articles of impeachment,”

[LHS]

Evidently they are reading 19 EOs:

http://www.politico.com/story/2013/01/biden-guns-executive-actions-86187.html?hp=t2_3

How on earth can an EO affect magazine capacity? Maybe via imports, but not US-made stuff. I don't know of any existing regulations that could be twisted to do that.

[Chemsoldier]

Anyone know if they could flat out ban the import of all semi-autos and magazines? HKs, Glocks?

I think the majority of US sales Glocks are made in the US and even some frames are made here.

[joshs]

Yes. Importation of firearms is not protected by the 2nd Amendment, from what I understand.

This isn't a settled question, as few firearm-related constitutional law questions are, but your answer is likely correct, at least to the extent that a ban on importation doesn't deprive the people access to firearms suitable for individual and collective defense.

Under current law, the regulatory power over firearm imports is quite broad due to congressional delegation.

[Panoply]

As regards my state, I've nothing to worry about. Louisiana, while very different - especially the southern part i'm in, is still the Deep South. The people we send to the Congress congress wouldn't dare vote for it, either.