A lawsuit is challenging the Obama Administration’s recent executive order to expand restrictions on the transfer of firearms.
The lawsuit claims that the administration is illegally circumventing the legislative power of Congress.
The conservative advocacy group Freedom Watch announced its filing of the lawsuit on Monday.
Plaintiff Larry Klayman, a former U.S. Justice Department lawyer who heads Freedom Watch, states in the suits complaint that his fundamental rights under the Second Amendment to the U.S. Constitution are being violated by the order.
The lawsuit reads:
Defendants Barack Obama and Thomas Brandon have announced and initiated actions under the purported inherent authority of the President of the United States to rewrite statutes enacted by Congress by executive order or executive action. The President states that he is doing so purely because he does not like the legislative decisions of the Congress. The Defendants’ rewriting of laws burdening and abridging the fundamental rights of the Plaintiff and other U.S. citizens under the Second Amendment by the President and his executive branch is unconstitutional, illegal under the Administrative Procedures Act, and ultra vires under the applicable laws and the Second Amendment. These actions are unconstitutional abuses of the President’s and executive branch’s role in our nation’s constitutional architecture and exceed the powers of the President as set forth in the U.S. Constitution. Even where Congress has granted authority to the executive branch, these particular programs are ultra vires, exceeding the bounds of authority delegated by the Congress.
This is the first lawsuit in what many experts expect to be a long political and legal battle.
The lawsuit was filed in the U.S. District Court for the Southern District of Florida and lists President Barrack Obama, Deputy Director of the U.S. Department of Justice Thomas Brandon, and U.S. Attorney General Loretta Lynch as the defendants.
Earlier this month the Obama Administration announced several executive actions to restrict gun ownership further, including an expansion of the federal government’s definition of who is considered “engaged in the business” of selling firearms.
The order also details a push to prevent some beneficiaries of Social Security from being armed if they are deemed “unable to manage their own affairs”.
Larry Klayman slammed Obama in a column for World Net Daily last week in which he pointed out the President’s former role as a constitutional instructor and questioned whether or not it was the U.S. Constitution he was teaching.
Obama taught constitutional law as an instructor (not a professor). What we don’t know is which nation’s constitution Obama was actually teaching at the University of Chicago law school. It does not appear that it was the United States Constitution he has ever read. Perhaps it was the so-called constitution of the Islamic Republic of Iran, where guns are banned under its vicious anti-Christian and anti-Semitic dictatorship.
Klayman previously has filed other lawsuits against the Obama administration, including a suit against Obama’s executive actions on immigration.
Follow Planet Free Will on Twitter @ twitter.com/PlanetFreeWill