I'm a RKBA supporter and Democrat. Ask me anything about the recent Obama announcement. [View all]

[aikoaiko]

We don't have the specific executive orders/action documents yet, but we have this statement/release.

https://www.whitehouse.gov/the-press-office/2016/01/05/fact-sheet-new-executive-actions-reduce-gun-violence-and-make-our


Here is the first item:

1 Keep guns out of the wrong hands through background checks.
a. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.
b. ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.
c. Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history records and criminal dispositions, information on persons disqualified because of a mental illness, and qualifying crimes of domestic violence.
d. The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks.

a. This idea that if you're in the business of selling firearms, you must get a license and conduct background checks is existing law. The law also says that private sellers can transfer their weapons in exchange for money without a license or background check (although state laws may require a background check). What we need is a rule that describes when private seller transfer becomes a business. Further down the release, the president punts:
"Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present."

b. Clarifying the background check requirements for trusts and corporations is a good thing, but I have never heard of a trust NFA weapon being used in any crime let alone mass murder. Zero. There was only one documented use of a legal NFA weapon being used in a crime back in the 1980s and I don't think it was a trust. Nevertheless, the rules should be clarified. Please note, that laws already punish unlawful possession of any firearm (trust or not) if you are a prohibited person. Its not like these people couldn't be convicted if caught.

c. This sounds like a nice letter. All states should know that its important to report data correctly.

d. Hiring more people to due background checks is important. More examiners will mean fewer bureaucratic mistakes like the one that happened with the Charleston church massacre. http://www.npr.org/sections/thetwo-way/2015/07/10/421789047/fbi-says-background-check-error-let-charleston-shooting-suspect-buy-gun

2. Make our communities safer from gun violence.

The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws.
The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws.
ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.
ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit.
The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts.

All of the issues in Item 2 look good to me. Having accurate and timely data in background check datasets is essential for good denials. Hiring new agents who can investigate and arrest people who knowingly attempt to purchase a gun when they are prohibited and other illegal transfers is something a lot of people have been asking for. Clarifying the reporting of stolen firearms when shipped from businesses is an excellent change.

3. Increase mental health treatment and reporting to the background check system.

a. The Administration is proposing a new $500 million investment to increase access to mental health care.
b. The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.
c. The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons

a. More money for mental health treatment is good for everyone.

b. I think this issue involves Representative Payees. If a beneficiary is minor or mentally incompetent, a representative payee can be appointed. I believe this involves a hearing and due process. Its sounds reasonable, but I don't know of any cases where someone with a representative payee committed a gun crime. There aren't that many -- only 77,000.

c. This could be a tricky issue. Mental health advocates may have a problem with this. Mental health is health information and subject to certain protections. We need more info on this.

4. Shape the future of gun safety technology.

The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology.
The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety.

I'm all for this. When military and civilian LE are satisfied with the technology for their use, it will become more accepted by non-military, non-LE civilians.