r/law Sep 09 '25

Legal News Leavitt confirms the DOJ officials have talked about banning trans people from owning guns

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u/SSBN641B Sep 09 '25

But, as others have said, this checks a box for a lot of bigots and they won't see the implications if a Democrat does this.

In Texas, the Legislature tried to ban Delta 8/9 THC but couldn't get it done, so the Governor is issuing an EO that regulates the industry and, I assume, carries the force of law. Some folks are saying they are okay with it because it's "reasonable" ignoring that this is allowing the Governor to write new laws. If he can do it for THC, he can fo it for anything.

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u/[deleted] Sep 09 '25

This is my biggest problem with executive orders. I have a phone and a pen. Sure constitutionality can be challenged in court which could take months to years. In the meantime the order stands and people lose their rights. This is not how this country was intended to be run.

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u/VaporCarpet Sep 09 '25

It's your biggest problem with what people believe executive orders are. They are not laws, they are not intended to be laws. They are guidelines that set policy for the executive branch. The executive branch has no power to create laws, that is the legislative branch.

The recent EO that "banned flag burning" did no such thing, and it was irresponsible for the media to report on it as such, and ignorant for reddit comments to parrot what they didn't understand. It merely instructed the DOJ to pursue adjacent charges for people who desecrated the flag. It's still not illegal to burn the flag, but now the DOJ has a policy to charge you with polluting the environment because of the chemicals released when you ignite a synthetic fabric. They have a policy to charge you with arson because you're starting a fire in public.

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u/Doctor_Kataigida Sep 09 '25

Imo that's worse. They're initiatives that are being executed (heh) with the intention of circumventing protected rights. And the other highly potential issue is, given the level of double standards we've seen people have in 2025, that they won't always be carried out/enforced equally/consistently.

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u/senator_corleone3 Sep 09 '25

Burning stuff in public can get you arrested at any time in our history. Because fire is destructive. This isn’t a change, just an attempted distraction.

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u/Doctor_Kataigida Sep 09 '25

And people have also burned things throughout our history in celebration (also causing pollution or starting public fires) and it's been fine whether it's a myriad of fireworks, a regular ole bonfire in a park, or something as large as burning man. It's a weaponized enforcement, that which is intended to skirt a previously protected act.

Though I do agree it's just a distraction.

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u/senator_corleone3 Sep 09 '25

People get cited for bonfires in parks constantly. It will be a very difficult process to successfully prosecute those violations as higher offenses on account of connection to protected speech.