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.

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