Attorney and law professor Dave Kopel was interviewed about the Second Amendment for the Cato Institute Daily Podcast last week. Much of what he says about the presidential power to use executive orders is increasingly relevant given President Obama’s press conference today. In the press conference Obama didn’t rule out the use of executive orders for gun control.
As Kopel points out, Obama would have broad powers to impact imports under the Gun Control Act of 1968 but less power domestically. Kopel does touch upon the reclassification of existing rifles to put them under the purview of the National Firearms Act by the use of executive order.