Donald Trump:
“I will be strongly pushing Comprehensive Background Checks with an emphasis on Mental Health. Raise age to 21 and end sale of Bump Stocks! Congress is in a mood to finally do something on this issue - I hope! “
Donald Trump, Feb 22, 2018
After hearing arguments today, I’m not sure how this will go.
5-4? Probably. Which way - I need to read the transcript to make that prediction.
Trump wasn't waiting for Congress on February 28, 2018, President Trump hosted a meeting with members of Congress to discuss school and community safety. Senator John Cornyn, the majority whip, suggested that Congress could pass legislation “on a bipartisan basis” to deal with “the bump stock issue.” Remarks by President Trump, Vice President Pence, and Bipartisan Mem- bers of Congress in Meeting on School and Community Safety (Feb. 28, 2018), https://bit.ly/2M6Mjvz. Presi- dent Trump interjected that there was no need for leg- islation because he would deal with bump stocks through executive action:
And I’m going to write that out. Because we can do that with an executive order. I’m going to write the bump stock; essen- tially, write it out. So you won’t have to worry about bump stock. Shortly, that will be gone. We can focus on other things. Frankly, I don’t even know if it would be good in this bill. It’s nicer to have a separate piece of paper where it’s gone. And we’ll have that done pretty quickly. They’re working on it right now, the lawyers. Id. Later during the meeting, Rep. Steve Scalise, the House majority whip, proposed other gun-control measures that Congress could vote on. Again, the President reiterated that there was no need to legis- late on bump stocks, because his administration would prohibit the devices through executive action:
And don’t worry about bump stock, we’re getting rid of it, where it’ll be out. I mean, you don’t have to complicate the bill by adding another two paragraphs. We’re getting rid of it. I’ll do that myself be- cause I’m able to. Fortunately, we’re able to do that without going through Con- gress. Id. Moments before the Bump Stock Rule was an- nounced, President Trump tweeted: “Obama Admin- istration legalized bump stocks. BAD IDEA. As I promised, today the Department of Justice will issue the rule banning BUMP STOCKS with a mandated comment period. We will BAN all devices that turn le- gal weapons into illegal machine guns.” Donald Trump (@realDonaldTrump), Twitter (Mar. 23, 2018, 1:50 PM), https://bit.ly/2DPV1cY.
Obama didn't have the power to ban bump stocks. Trump didn't either, the difference being that Republicans won't cross Trump and Democrats will back anything gungrabby.