we maybe can't save everybody, but we could save some. just as we don't prevent all traffic accidents, but we take steps to try to reduce traffic accidents. as ronald reagan once said, if mandatory background checks could save more lives, it would be well worth making it the law of the land. the bill before congress three years ago met that test. unfortunately, too many senators failed theirs. [applause] in fact, we know that background checks make a difference. after connecticut passed a law requiring background checks and gun safety courses, gun deaths decreased by 40%. 40%.

[applause] meanwhile, since missouri repealed a law requiring comprehensive background checks and purchase permits, gun deaths have increased to an almost 50% higher than the national average. one study found, unsurprisingly, that criminals in missouri now have easier access to guns. and the evidence tells us that in states that require background checks, law-abiding americans don't find it any harder to purchase guns whatsoever. their guns have not been confiscated, their rights have not been infringed. and that's just the information we have access to with more research we could further improve gun safety just as with more research we've reduced traffic fatalities enormously over the last 30 years. we do research when cars, food, medicine, even toys harm people

so that we make them safer. and you know what? research, science, those are good things. they work. [laughter] [applause] they do. but think about this: when it comes to an inherently deadly weapon -- nobody argues that guns are potentially deadly -- weapons that kill tens of thousands of americans every year, congress actually voted to to make it harder for public health experts to conduct research into gun violence. made it harder to collect data and facts and develop strategies to reduce gun violence. even after san bernardino, they've refused to make it

harder for terror suspects who can't get on a plane to buy semiautomatic weapons. that's not right. [laughter] that can't be right. so the gun lobby may be holding congress hostage right now, but they cannot hold america hostage. [applause] we do not have to accept this partisan -- [applause] now, i want to be clear,

congress still needs to act. the folks in this room will not rest until congress does. [cheers and applause] because once congress gets on board with common sense gun safety measures, we can reduce gun violence a whole lot more. but we also can't wait. until we have a congress that's in line with the majority of americans, there are actions within my legal authority that we can take to help reduce gun violence and save more lives. actions that protect our rights and our kids. after sandy hook joe and i worked together with our teams, and we put forward a whole

series of executive actions to try to tighten up the existing rules and systems that we had in place. but today we want to take it a step further. so let me outline what we're going to be doing. number one, anybody in the business of selling firearms must get a license and conduct background checks or be subject to criminal prosecutions. [applause] it doesn't matter whether you're doing it over the internet or at a gun show. it's not where you do it, but what you do. we're also expanding background checks to cover violent criminals who try to buy some of the most dangerous firearms by

hiding behind trusts and corporations and various cutouts. we're also taking steps to make the background check system more efficient. under the guidance of jim comey and the fbi, our deputy director tom brandon at atf, we're going to hire more folks to process applications faster, and we're going to brick an outdated -- bring an outdated background check system into the 21st century. [applause] and these steps will actually lead to a smoother process for law-abiding gun owners, a smoother process for responsible gun dealers, a stronger process for protecting the people from -- or the public from dangerous people. so that's number one. number two, we're going to do everything we can to insure the smart and effective enforcement

of gun safety laws that are already on the books, which means we're going to add 200 more atf agents and investigators, we're going to require firearms dealers to report more lost or stolen guns on a timely basis. we're working with advocates to protect victims of domestic abuse from gun violence -- [applause] where too often people are not getting the protection that they need. number three, we're going to do more to help those suffering from mental illness get the help that they need. [applause] so high profile mass shootings tend to shine a light on those few mentally unstable people who inflict harm on others, but the truth is that nearly two in three gun deaths are from suicides.

so a lot of our work is to prevent people from hurting themselves. that's why we made sure that the affordable care act, also known as obamacare -- [laughter] [applause] finally -- that law made sure that treatment for mental health was covered the same as treatment for any other illness. that's why we're going to invest $500 million to expand access to treatment across the country. [applause] it's also why we're going to insure that federal mental health records are submitted to the background check system and remove barriers that prevent states from reporting relevant information. if we can continue to destigmatize mental health issues, get folks proper care and fill gaps in the background check system, then we can spare more families the pain of losing a loved one to suicide.

and for those in congress who so often rush to the blame mental illness for mass shootings as a way of avoiding action on guns, here's your chance to support these efforts, put your money where your mouth is. [applause] number four, we're going to boost gun safety technology. you know, today many gun injuries and deaths are the result of legal guns that were stolen or misused or discharged accidentally. in 20 and alone -- 2013 alone, more than 500 people lost their lives to gun accident, and that includes 30 children younger than 5 years old. the greatest, most technologically-advanced country on earth, there's no reason for this. we need to develop new technologies that make guns safer. if we can set it up so you can't unlock your phone unless you've got the right fingerprint, why

can't we do the same thing for our guns? [applause] if there's an app that can help us find a missing tablet -- which happens to me often -- [laughter] the older i get -- [laughter] if we can do it for your ipad, there's no reason we can't do it with a stolen gun. if a child can't open a bottle of aspirin, we should make sure that they can't pull a trigger on a gun. ms. all right? [applause] so we're going to advance research, we're going to work with the private sector to update firearms technology.

and some gun retailers are already stepping up by refusing to finalize a purchase without a complete background check or by refraining from selling semiautomatic weapons or high-capacity magazines. and i hope that more retailers and more manufacturers join them. because they should care as much as anybody about a product that now kills almost as many americans as car accidents. i make this point because none of us can do this alone. i think mark made that point earlier. all of us should be able to work together to find a balance that declares the rest of our rights are also important. second amendment rights are important. but there are other rights that we care about as well, and we have to be able to balance them. because our right to worship

freely and safely -- [applause] that right was denied to christians in charleston, south carolina. [applause] and that was denied jews in kansas city, and that was denied muslims in chapel hill and sikhs in oak creek. they had rights too. [applause] our right to peaceful assembly, that right was robbed from moviegoers in aurora and lafayette. our unalienable right to life and liberty and the pursuit of happiness, those rights were stripped from college kids in blacksburg and santa barbara. and from high schoolers at columbine. and from first graders many

newtown -- in newtown. first graders. and from every family who never imagined that their loved one would be taken from our lives by a bullet from a gun. every time i think about those kids, it gets me mad. and by the way, it happens on the streets of chicago every day. [applause] so all of us need to demand a congress brave enough to stand

up to the gun lobby's lies, all of us need to stand up and protect its citizens, all of us need to demand governors and legislators and businesses do their part to make our communities safer. we need the wide majority of responsible gun owners who grieve with us every time this happens and feel like your views are not being properly represented to join with us to demand something better. [applause] and we need voters who want safer gun laws and who are disappointed in leaders who stand in their way to remember come election time. [applause]

i mean, some of this is just simple math. yes, the gun lobby is loud, and it is organized in defense of making it effortless for guns to be available for anybody, anytime. well, you know what? the rest of us, we all have to be just as passionate. we have to be just as organized in defense of our kids. this is not that complicated. the reason congress blocks laws is because they want to win elections. and if you make it hard more them to win an election -- for them to win an election if they block those laws, they'll change course, i promise you. [applause]

and, yes, it will be hard, and it won't happen overnight. it won't happen during this congress. it won't happen during my presidency. but a lot of things don't happen overnight. a woman's right to vote didn't happen overnight. liberation of african-americans didn't happen overnight. lgbt rights, that was decades worth of work. so just because it's hard, that's no excuse not to try. and if you have any doubt as to why you should feel that fierce

urgency of now, think about what happened three week ago. xavion dalton was a sophomore in knoxville, temperature. he played football. beloved by his classmates and his teachers. his own mayor called him one of their city's success stories. the week before christmas he headed to a friend's house to play video games. he wasn't in the wrong place at the wrong time, he hadn't made a bad decision. he was exactly where any other kid would be, your kid, my kids. and then gunmen started firing. and xavion, who was in high school, hadn't even gotten started in life, dove on top of three girls to shield them from the bullets, and he was shot in

the head, and the girls were spared. he gave his life to save theirs. an act of heroism a lot bigger than anything we should ever expect from a 15-year-old. greater love hath no man than this, than a man lay down his life for his friends. we are not asked to do what xavion dobson did. we're not asked to have shoulders that big, a heart that strong, reactions that quick. i'm not asking people to have that same level of courage or sacrifice or love. but if we love our kids and care about their prospects and if we love this country and care about

its future, then we can find the courage to vote, we can find the courage to get mobilized and organized, we can find the courage to cut through all the noise and do what a sensible country would do. that's what we're doing today, and tomorrow we should do more, and we should do more the day after that. and if we do, we'll leave behind a nation that's stronger than the one we inherited and worthy of the sacrifice of a young man like xavion. [applause] thank you very much, everybody. god bless you. thank you. [applause] harris: and so from the east room in the white house, the president rolling out what he will do with executive action now about gun law legislation in america. it was detailed in parts, it was

emotional at parts. he was introduced by the parent of one of the children, by a parent of one of the children who died at sandy hook elementary in newtown, connecticut, and flanked on that day questions are by families of victims of gun violence. many of his words were anticipated. we knew some of the legislative talk and some of the areas that he wanted to focus on in terms of gun legislation. anybody who sells firearms must have a license or face prosecution. and, of course, as we come out to the couch in just a moment, we'll learn that, you know, this has been by congress several times. so now he's doing it without congress. the president going forward without bicameral lawmakers who were elected by americans. he's doing it on his own. just a couple things to point out. he talked about guns as, in his words, a product that kills almost as many people as car accidents. i'm just going to the tick down some things that he said.

we'll talk further in a moment. and he listed some of the times in which he feels that our inalienable rights for the pursuit of joy and happiness and so on and so forth were robbed; aurora, colorado, the movie theater shooting, the mass shooting at santa barbara, newtown, connecticut, columbine. and lastly, he said -- and teared up as he talked about it -- his own home city of chicago. and then a turn. from those tears that the president wiped away on his face back to politics. and telling people that voters need to remember come election time which leaders are standing in the way of gun safety in his opinion, and we watched the crowded room. and as we do, the president making his way beyond and past those families that i mentioned who were gathered there. the room at times was very silent, and the camera would sometimes turn to other faces, particularly when the tears began to flow.

but that is the east room of the white house. this being one of the things that the president had promised that he would get done no matter what it took. and what it took today was executive action. this is "outnumbered," i'm harris faulkner. here today, andrea tantaros, melissa francis, nationally syndicated radio host megan mccain, and today's #oneluckyguy, always on time with the breaking news, fox news judicial analyst, judge andrew napolitano, and i deserve it. i am glad you are here with us. i said a lot there, and i want to start here with you. the president has just done something that other presidents do, and he's only done it now 230 times in his presidency, far less than some others, and that's use executive action. but it has been the very things that he has used that pen on that really have brought the controversy. what do you say about this one, and how does it fly in the

face -- if at all -- with our constitution? >> several of the things -- first of all, harris, very happy to be here even though we're discussing very hard topics. it's one of the best assignments at fox. harris: god bless you. [laughter] >> but there are many hinges that the president talk -- things that the president talked about that he has the ability to do. can he hire more fbi agents? of course he can. can he make background searches more efficient? yes, he can. can he expand the database on which background searches rely? can he enforce federal gun laws more aggressively, yes, but that shouldn't be newsworthy. he should have been doing that from day one on the job. but what he cannot do is change the law. and here's where he purports to -- and prosecute people who disobey the law that he wrote. congress on three occasions -- harris: right. >> -- had before it the ability to change the law so that if you give a gun to me, you have to

become a licensed gun dealer and do a background search on me. harris: that was the number one thing he mentioned. >> correct. congress three times said, no. he's going to write that into the law, and he's going to prosecute people who fail to do it. that is a blatant violation of the separation of powers which basically says under the constitution congress writes the law -- harris: well, then how is he doing it? >> -- the president enforces them. he's going to direct agents of the department of -- or the bureau of tobacco, alcohol and firearms to find out where gun transfers have occurred, where the person's selling or giving the gun didn't have a gun ladies and gentlemen with which to do so -- melissa: can i bravely take the other side? >> it's the most difficult federal license to obtain. it takes over a year to get it. that's how intrusive is the background check on the person seeking the license. harris: interesting. a plethora of information there. and you want to flip it. melissa: well, i mean, i was listening closely to what he said about this because we have

talked about this very issue s and he said that was going to apply to people who were selling guns at a gun show or on the internet. i'm not sure he mentioned the neighbor thing. it'll be interesting -- harris: the neighbor in san bernardino who supplied the guns to the two killers at the holiday office party. melissa: i would say to you, judge, i can't give my prescription medicine to my neighbor, i can't sell it to my neighbor. does it make sense that we would let someone give or sell their gun to their neighbor? >> it makes sense that only congress can write the laws and not the president. so if he were ronald reagan, he would be using this as an opportunity to go over congress' head and get the people to pressure congress to write the laws that he wants. ronald reagan did that masterfully. even bill clinton did that in the years when the republicans controlled the congress. but he's not doing that. he's writing the laws on his own. and as much as i love you and enjoy working with you -- [laughter] melissa: oh, my gosh. >> you must have seen a copy of

his speech because he likes to compare everyday things like driving a car to owning a gun, like giving a medical prescription to giving a gun. they're in different categories of human behavior. andrea: and, judge, what you saw really was a constitutional law professor holding what was not a typical white house event. that was, essentially, a political pep rally. >> yeah. andrea: he might as well be slapping everyone's hands, you know, high-fiving, chest bumping. a victory lap. this is what you do after you sign a major piece of legislation after going through the correct channels which is congress. essentially, this is a congressional law professor holding a pep rally over the torching of the u.s. constitution. how can he do this, and what are republicans supposed to do? frankly, i think a lot of people look at the courts, and i know you were a very efficient judge. but frankly, judge, the rulings coming out of supreme court, they're unpredictable, they're a chap shoot. i mean, i think people look at these judges and say where are

they getting the decisions from. so what are republicans supposed to do besides create a political stink that will accelerate republican turnout? >> he may be doing this in order to goad the republicans, but way to stop this is for someone adversely affected by it, prosecuted under his own written law to be, to challenge it in the courts. harris: wow. so doing this to goad the republicans, that's interesting. before we move on real quickly -- >> i don't want to move on. harris: i know you don't, but we'll come back to it. you know, at one point president talked about how we're the only advanced country where these sorts of acts of violence happen. watch, and then we'll talk more. >> we are the only advanced country on earth that sees this kind of mass violence erupt with this kind of frequency. it doesn't happen in other advanced countries. it's not even close.

and as i've said before, somehow we've become numb to to it, and we start thinking that this is normal. harris: all right. i want to go to you first on this, megan. megan: i had a very hard time watching this press conference or political theaters, and i just remind me when he was talking about americans clinging to their gods and their guns, the second amendment is under attack today, make no mistake. that is exactly what's going on. this president is not keeping americans safe, isis is growing, and now he's trying to deny americans the right to defend themselves at the same time. my favorite thing is that a dealer is now considered someone who's going to sell one or two guns. so if my brother sells my other brother a gun, he's now a dealer. make no mistake, the second amendment is under attack today. >> and if your brother, in your hypothetical, fails to get the license to sell, your brother can be prosecuted and go to jail. only congress under our constitution can create such a

statute. the president alone simply cannot do it. megan: but he's talking about all the rights we have in this country, we also have the right to bear arms which makes us innately american, and just because he doesn't understand that and the way people cling to it doesn't mean he can remove our rights. harris: andrea, i want to get your direct response to what we just aired from the president and us being the only advanced country in the world where some of these things are happening. what did you think about that? andrea: did you notice the addition of a new word? because i did. advanced. harris: yes. that's why i said it twice. andrea: he used to say this doesn't happen in other countries. what he managed to do in, essentially, that one phrase was lie, right? and then insult our greatest ally, france. so it doesn't happen in advanced countries? i mean, judge, you and i were talking, what an incredulous strawman he set up, to talk about long criminal rap sheets and merge chicago with islamists

and islamists and mental health. i mean, he weaved together such a strawman. none of the shooters had long criminal rap sheets. none of what he is doing would have prevented any of the attacks that we've talked about. i mean, this was just showmanship in the most extraconstitutional way i have ever seen a president do. >> you know, i was on with bret baier earlier with jon and jenna, and bret makes the great point that this is a political maneuver, that the president is too smart to think that the courts will tolerate this. but he will force republicans to respond to it, and this is like red meat to the democratic base. harris: can i ask a question though? andrea: it is a big mistake, and he better be very thankful that mental health is covered under obamacare, because hillary clinton's going to need it. [laughter] [inaudible conversations] harris: i want to ask a question. are there any parts of it that you think americans would call their congressmen and their senators about and say -- >> sure. harris: i mean, investing $500

million to expand access to treatment for the mentally ill, i mean, are there certain things that you think people would like within this? melissa: absolutely. i heard a lot of spending money, you know, which makes me cringe because, you know, i hate paying even more taxes, and i feel like so much of my money is wasted every single day. but he talked about 200 atf agents, updating the systems, making investigations better, spending money on all these things to make it better. if only i felt like more money would really achieve that. i don't have that kind of faith. i think when i watched that what was really upsetting was tears that he wiped away again and again. i mean, we feel frightened about what's going on with isis, and he can't pull that kind of passion for anything but this. and i feel bad about those kids in connecticut, without question. i mean, your heartbreaks for them. >> right. melissa: but it's only about this that he gets so upet about and never about -- upset about that and never about terror.

harris: you brought that up, you guys had a visceral reaction to some of the emotion that was going on in the room. we'll talk about it. stay close. try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief.

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>> every time i think about those kids, it gets me mad. and by the way, it happens on the streets of chicago every day. [applause] harris: many of us cried big tears the day that sandy hook happened. but as we come back out to the couch, it was interesting to see the reactions amongst some of you when the president teared up. why was that, andrea? andrea: well, because if he really cared about an issue, especially like chicago and his hometown, and it was plausible, he would be doing something very different than he's doing, and he would have spoken out a long time ago. i mean, this is how many years? almost eight years? he's almost at the end of his term. and you haven't heard him go to chicago and really speak out about this issue, and he is

uniquely poised to do so. but everything he's doing won't solve the problem, so i would check that podium for, like, a raw onion. harris: wow. andrea: it's not really believable. and the award goes to, but i do want to ask you about this, judge, because i do believe gun voters vote. and i think hillary clinton has a problem because the african-american coalition is not going to turn out the way they did for president obama, and she doesn't have women where she needs them. she's triangulated on this gun issue many times. she is scared because this will accelerate turnout. what do you think about the politics of what the president is thinking on this and how do republicans stop it? >> the president has made a calculated decision that this will help gin up the democratic base, but i think he's wrong, because i think it will gin up republicans, gun owners, independents, blue collars, ethnic democrats who have had enough of the micromanaging of our lives and our liberties from washington, d.c., and they want

a substantial, significant, even radical change in the type of person in the white house. harris: yeah. you know, i wonder too, megan, if it doesn't attract some of the voters out there who might have stayed home last time, you know? megan: i think this will backfire on him in a lot of different ways, because i agree nothing gets republican voters out like thinking that, you know, the second amendment is under attack, which it is today. i don't understand why he's doing that. the reason why i was reacting the way i was reacting because it didn't seem horribly authentic. maybe it is, i don't know him at all, but i agree with you, there's so much more to be done. again, if you care so much, go to your hometown of chicago instead of talking about god-fearing americans who just want to protect themselves when isis is coming to their hometown and shooting up 14 people. melissa: i think it's that contrast. if you go back to what happened after the paris attacks and we saw the president come out, and there was no passion, you know? and he talked about what had happened. and, i mean, i remember bill hemmer on that day and a lot of

people, and it was sort of staggering the way he was not emotional about this thing that was so terrifying even though it wasn't many our own country. san bernardino, same thing. they come out -- he comes out, and they say he's just cool. that's the way he is. he doesn't get emotional. harris: apparently, he does. melissa: right. we haven't seen this maybe ever, or at least in a very long time, and it's about something that feels political, that feels somewhat insincere -- megan: it feels like bad political theater. >> so if he were here now, he might say, okay, what's the answer? the answer is more guns. the answer is the right of the people to defend themselves, because when these crazies murder innocents, as soon as somebody shows up to shoot at crazies, they stop. they either flee, they kill themselves or they are killed or injured, but their killing stops. harris: well, can part of the answer also be, i mean, you're talking about laws that are already on the books. how about enforcing the ones

that are already there? i mean, have we done all we can? it's just a question, but have we done all we can? because i'm thinking of kate steinle, other times when we didn't see the president necessarily -- melissa: or chicago. harris: chicago with these statistics that came out yesterday, had it right here on "outnumbered." >> one of the proposals he announced this morning would require gun owners whenever they lose guns to report to the government. that's fine. how about when the federal government loses guns? andrea: oh, over the border. >> there you go. how about the 2,000 guns they -- andrea: what were they up to in benghazi? judge, move the story forward. i think a lot of concerned citizens are saying what are republicans going to do legally? do they have legal footing? be how soon can this play out in the courts, what are the next steps if republicans are going to take this challenge and this is going to play out in the courts? >> well, remember, the constitution requires real plaintiffs, so you can't just challenge a statute because you don't like it or because you

think it's unconstitutional. you have to be someone that they are prosecuting under the statute. so as soon as he signs the executive order and as soon as the bureau of alcohol, tobacco and firearms agents start enforcing it, whoever they enforce it against has to challenge its constitutionality. until they do something about it, it's empty words, and there's no adversity there to justify the use of the courts. megan: i still think this is the type of thing that's going to make liberals feel better. i found out about this on instagram, and it's not going to affect anyone because gun owners are following the law, and crazy people don't follow laws. lister harris but if it moves the needle in an election year, that's complicated for hillary clinton. this is not going to change anybody who's a democrat, but if this intensifies independent and republican voters, conservative voters, more than they are already intense with donald trump and the outsiders in the

race that have gotten this electorate so excited, that's a problem for hillary clinton. because she's got a lot of megs and a lot of people who don't like her. real quickly, i want to go to this because we have an opportunity with an expert on the couch to have a primer on the second amendment. can we watch what the president said. >> there's a ritual about whole thing that i have to do. i believe in the second amendment. it's there, written on the paper. it guarantees a right to bear arms. no matter how many times people try to twist my words around, i taught constitutional law, i know a little bit about this. harris: i know a little bit about this. you know a hot about. >> listen, i don't want to compare my education and my intellect to his, he's the president of the united states and he did teach constitutional law, but he is not respecting the second amendment.

he does not believe in the right of people to defend themselves. he wants to do everything he can, as he said, in small, incremental steps to make it difficult for law-abiding people to keep and bear arms to defend themselves. it's not going to take guns away from the people that protect him or other federal officials. megan: exactly. >> but the police, the military, the secret service can't be everywhere. harris: right. the citizenry. every american affected by this. >> yes. harris: we're coming right back. . what's that, broheim? i switched to geico and got more. more savings on car insurance? yeah bro-fessor, and more. like renters insurance. more ways to save. nice, bro-tato chip. that's not all, bro-tein shake. geico has motorcycle and rv insurance, too. oh, that's a lot more. oh yeah, i'm all about more, teddy brosevelt. geico. expect great savings and a whole lot more.

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>> the majority of gun owners actually agree. a majority of gun owners agree that we can respect the second amendment while keeping an irresponsible, law-breaking few from inflicting harm on a massive scale. contrary to the claims of what some gun rights proponents have suggested, this hasn't been the

first ten in some slippery -- first step in some slippery slope to mass confiscation. contrary to claims of some presidential candidates apparently before this meeting -- [laughter] this is not a plot to take away everybody's guns. andrea: if you are just tuning in, that was president obama announcing his executive action on guns roughly 30 minutes ago. and, judge, i want to go to you on what the president said, some people, most gun owners think it's so ambiguous and amorphous. that's just not true. most gun owners and most people who respect the u.s. constitution don't agree that this is the right approach. >> you know, even if the president's numbers were accurate, and i think you're right, his numbers were inaccurate, i don't know what polls he relied on, we don't govern by polls. we write laws by the congress, not by the president looking at a poll and saying the congress wouldn't write this law, most of people want it, so i'll write it

myself. that is not the system the constitution provides. andrea: megan, i want to stay on something that the judge brought up when he said the u.s. government loses track of guns. the fast and furious with. you've heard the reports of potential gun-running on the ground in benghazi, leaving a billion dollars of weaponry in iraq with the surge because he was so anxious to pull out, but now the terrorists are are using it against our men and women. this administration cherry picks when and where. and the same president also said i don't want to indict an entire religion over the actions of a few, so why indict an entire group of gun owners over the actions of a few? megan: there were so many things he was speaking out of both sides of his mouth. the government as well, where does that end up? my biggest problem with this right now, we're in such a culture war in this country right now, and the only thing that's going to happen that i'm sure of is gun sales are going to spike. family members of my own are probably going out right this

moment -- i love you, jimmy, that's probably what you're doing -- because right now there's a legitimate reason to think they might be taken away, and it's just exacerbating, the polarization in this country right now, and he's attempting to bring us together and somehow placate both sides? and it's just making it so much worse. andrea: tell jimmy to get me one too. [laughter] you mentioned the money, but let's talk about clearly the president thinks this is going the resonate potentially with mothers, with parents. the judge is nodding. that emotional argument that some people will say this is reasonable. who are these some people? melissa: i don't know. you mow that it resonates with people like dana lash who, you know, does the nra ad and talks about those kind of mothers who have weapons. you watch on a day like today, and stockings for gun companies are going through the roof because you know that sales are going through the the roof. harris: right. melissa: they say president obama is one of the best sales people of weapons around because there is just the fear that he's going to take it away, so people go out and do it. without question he is, megan,

just like you said, joining up both sides. harris: and a reminder from someone on twitter saying it'snr republicans, democrats have guns too, and they are watching too. andrea: all right. we'll be right back. stay with us. citracal pearls. delicious berries and cream. soft, chewable, calcium plus vitamin d. only from citracal.

harris: so we were just all commenting about how on our devices we're not seeing a lot

of reaction yet from republicans. and now this has come down, reince priebus has said, and i'll only read a little bit of this, ever since the american people voted to place a check on president obama's agenda, he has routinely overstepped his constitutional authorities, and this gun control push is no different. the supreme court reaffirmed gun ownership is a constitutionally-protected right, but that clearly has not stopped president obama and the democrats' obsession with restricting the second amendment. to that coming from the rnc. your quick thoughts. andrea: so what are you going to do about it? that is what i keep asking the judge. s what the pathway forward? because there's a legal one and a political one, and republicans need to pursue both with the same intensity and the same ferocity because this is such an affront to the constitution. >> well, unless and until somebody's freedom is interfered with by federal agents that he has directed to interfere with that freedom, there's no court case. but as soon as that freedom to purchase or sell a gun under the

laws that congress has written is interfered with -- andrea: politically, melissa, they should be starting right now. it is a poker in a political hornet's nest, so why aren't they creating a bigger stink about this? harris: or it means, you said? melissa: i think it means people will come out and vote. as megan said, these are people who vote. megan: if i were running any campaign, get it out in your e-mails today, fundraising, it's a good way to get the base up and going. harris: come right back.

harris: join us for outnumbered overtime, toes news.com/out-- foxnews.com outnumbered. check out judge napolitano's op-ed on the president's executive order. "happening now," now.