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Can President Obama take executive action to restrict gun sales under the Constitution?

Judge Andrew Napolitano said this morning on America's Newsroom that if Obama signs executive orders to prohibit gun sales to people on the no-fly list and to force "occasional sellers" to conduct background checks, he would be acting outside his authority under the Constitution.

Napolitano said he would expect the courts to invalidate the measures as when federal courts blocked Obama's executive orders on immigration last year.

"The president is trying to act as if he has the authority to write laws," Napolitano said.

Napolitano said that under the Constitution, Obama can't impose a regulation requiring the background checks because that's the duty of Congress.

"Look, the gun problem is a problem, but he has to persuade Congress of what he wants. He can't just do it on his own."

As for forbidding sales to people on the no-fly list, Napolitano said the administration is "mixing apples and oranges."

He said that owning a firearm is a "fundamental right" affirmed by the Supreme Court and can't be taken away by a "bureaucrat checking a box; it can only be take away by a jury after it convicts you of committing a crime."

Watch the segment above.

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