Executive order or a bill, no difference, it still must be deemed constitutional and survive a challenge to the SCOTUS...a gun ban executive order? Scare tactics and tin foil theories...thats so far from reality its comical. That would be tied up in the courts for years. Unconstitutional is unconstitutional, no matter if a bill or an executive order.
The point I was trying to make without going down a massive rabbit hole of politics, is depending on the climate/president, different courts act out (hence the 9th cicrcuit has been overturned so much). A good example of a President bypassing congress intentionally to make a defacto "law" is daca. To keep opinions out of daca as it is, congress failed to act for years, creating more of an issue. What should be taken up by congress for immigration was essentially, again, a new "law"/way to act without legislation which has become the law through an executive order. It's a slippery slope, just the first example that came to mind since it's so "controversial".