Newsweek: Hillary Clinton Could Use SCOTUS, ATF to Bypass Congress on Gun Control

Joe Raedle/Getty Images
Joe Raedle/Getty Images

In a November 4 column on post-election gun control, Newsweek explained that if Hillary Clinton wins, she can use the Supreme Court of the United States (SCOTUS) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to bypass Congress for new restrictions on guns.

Newsweek also stressed that Clinton can try to use executive orders–which she has pledged to do–but pointed out that President Obama has largely exhausted the executive avenue.

According to Newsweek, Clinton has made clear her gun control intentions. However, the Republican-controlled House and, perhaps, a continuing Republican-controlled Senate, mean the passage of new controls will be nearly impossible. That takes us to option B, which is where Clinton might nominate an anti-Heller justice to SCOTUSthereby positioning the court to re-open the door to municipal and federal district gun bans so that municipalities can enact more gun control whether or not Congress agrees.

Moreover, Newsweek quotes Representative Elizabeth Esty (D-CT-5), who suggests, “Clinton could appoint new leaders at the Bureau of Alcohol, Tobacco and Firearms and the Centers for Disease Control and Prevention who could challenge the interpretation of the Dickey Amendment, which limits gun violence research.” In truth, however, gun violence research is already being conducted, and in 2013, CDC/National Academy of Sciences published observations that undercut many aspects of the gun control movement.

Clinton, however, is all-in for gun control; it is one of her consistent campaign promises. She has what Newsweek describes as “an ambitious gun-control agenda.”

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of “Bullets with AWR Hawkins,” a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at


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