Judge Napolitano: Unconstitutional for Obama to Create a New Gun Transfer Crime

by | Jan 6, 2016

Judge Andrew Napolitano, interviewed by Gretchen Carlson on Fox News regarding President Barack Obama’s Tuesday gun control executive order announcement, explained that Obama is exceeding his presidential authority in creating a new crime related to gun transfers.

Expanding the definition of who is a gun dealer and who, therefore, can be prosecuted for the crime of transferring a gun without possessing a gun dealer license amounts to an unconstitutional unilateral creation of a crime by the executive branch, concludes Napolitano. Not only has Congress not approved the creation of this crime, Napolitano, who is a member of the Ron Paul Institute Advisory Board, advises that Congress has rejected creating the crime three times.

Watch Napolitano’s interview here:

For more information regarding the illegitimacy of using executive fiat to expand gun dealer licensing requirements and close the so-called gun show loophole, read here George Washington University Law Professor Jonathan Turley’s detailed analysis of the matter.

For more of Napolitano’s thoughts regarding Obama’s new gun executive order, read here Napolitano’s new editorial “Why Obama’s executive action on guns is unconstitutional.”


  • Adam Dick

    Adam worked from 2003 through 2013 as a legislative aide for Rep. Ron Paul. Previously, he was a member of the Wisconsin State Board of Elections, a co-manager of Ed Thompson's 2002 Wisconsin governor campaign, and a lawyer in New York and Connecticut.

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