US President Barack Obama has ignited a political firestorm this week by bypassing Congress with new measures to tighten US gun rules that redefined what it means to be a gun dealer and possibly spark legal challenges during his final year in office.
Shares in gun makers Smith & Wesson Holding Corp and Sturm Ruger & Co Inc rose against a falling stock market on Monday in anticipation of increased gun sales, as has happened before when the White House mulled weapon sales reform.
Stymied by Congress’ inaction on gun control, the president asked his advisers in recent months to examine new ways he could use his executive authority to tighten gun rules unilaterally without needing congressional approval after multiple mass shootings generated outrage nationwide.
One option was a regulatory change to require more dealers to get a license to sell guns, a move that would trigger more background checks on buyers.
The White House had drafted a proposal on that issue previously but was concerned it could be challenged in court and would be hard to enforce.
Guns are a potent issue in US politics. The right to bear arms is protected by the Second Amendment of the US Constitution, and the National Rifle Association, the top US gun rights group, is feared and respected in Washington for its ability to mobilise gun owners. Congress has not approved major gun-control legislation since the 1990s.
White House spokesman Josh Earnest said on Monday that the administration was prepared for legal challenges and had confidence that Obama’s new proposals were legally sound.
The president’s planned use of executive action launches his final year with a move that Republicans say exemplifies misuse of his powers. Congress, which is controlled by Republicans, rejected Obama’s proposals for legislation to tighten gun rules in 2013.
US states have taken their own approaches to addressing gun violence. Texas legalised openly carrying handguns, while New York and Connecticut have banned high-capacity magazines.
In 2008, the US Supreme Court held that the Second Amendment of the US Constitution protects the rights of individual Americans to keep and bear arms. But the court also recognised that laws imposing conditions on commercial guns sale can be consistent with the Second Amendment.
Meanwhile in the political arena, the package of gun control executive actions Obama announced Tuesday has pushed the contentious issue to the forefront of the 2016 presidential campaign, just weeks from the February 1 Iowa caucuses. While Republicans and Democrats are deeply divided on the issue, both parties see Obama’s actions as an opportunity to generate enthusiasm among primary voters.
But in a general election, the gun debate becomes a blurrier political proposition. Public opinion polls show Americans overwhelmingly support expanding background checks for gun purchases, but are more divided on the broader question of stricter gun laws.
For now, Obama’s gun actions are a central topic as candidates crisscross Iowa, New Hampshire and other swing voting states.
GOP contenders promise that if they get elected, they’ll swiftly repeal Obama’s actions, which include steps to expand background checks for gun purchases. GOP front-runner Donald Trump vowed to “un-sign” the president’s measures. Florida Senator Marco Rubio said that on his first day in the Oval Office, “those orders are gone.” Texas Senator Ted Cruz said that while Obama may currently hold the power of the pen, “my pen has got an eraser.”
On the Democratic side, front-runner Hillary Clinton has unveiled her own proposals for gun control executive actions and enthusiastically endorsed Obama’s measures even before the president’s official announcement.
The emphasis on gun issues marks a shift for Democrats, who have shied away from the subject in recent presidential elections, not only because of the NRA, but also due to competing views within the party. Clinton and Obama both treaded carefully on guns when they faced off in the 2008 Democratic primary, and the president didn’t attempt to pass congressional legislation until the shooting of elementary school students in Newtown, Connecticut, which occurred about a month after his 2012 re-election.
Surveys have shown that gun control supporters lag those who favour fewer restrictions on most measures of political activism. Still, Republicans know that while opposing nearly all restrictions on gun laws may be the only acceptable position for many GOP primary voters, it could be less attractive in a general election.
