Tuesday, January 5, 2016

Obama Executive Orders

Haven't done this in a while, but this would have been pretty long as a Facebook post.  It is pretty much just a reaction to executive orders proposed by the President to help curtail gun violence.  tl;dr version: meh.  It's a bunch of commitments to send letters, issue memos, and ask for money (from Congress) in the budget to hire more people.  Nothing Earth-shattering here.  The only things of any real significance are the actions related to defining who is "engaged in the business" of selling firearms (which they take a "we'll know it when we see it" approach), actions related to use of gun trusts (but no specifics on that), and using Social Security Administration information to restrict firearm ownership based on inability to manage your affairs.

Full text is here.  https://www.whitehouse.gov/the-press-office/2016/01/04/fact-sheet-new-executive-actions-reduce-gun-violence-and-make-our


1) Keep guns out of the wrong hands through background checks. - Meh.

    "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." - My interpretation, is anyone who has a table at a gun show will need a license if they want to sell guns.  That's pretty much the way it is now with a few outliers.  If you have enough guns to sell where you need a table at a gun show to do it, I am OK with this.

    "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."  - Yeah.  Mass shooters and dangerous felons were spending the time and money to incorporate and set up gun trusts.  Sure.

    "Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history." - They are going to send letters asking LEOs to do what they were SUPPOSED to be doing already.

    "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." - Every gun control proponents dream come true.  Faster background checks.  Kind of a fan of this one since it will really only apply to people who needed additional review.

2) Make our communities safer from gun violence. - Meh

    "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." - Enforcing gun laws that are already on the books?  Does this mean they will actually prosecute straw purchasers now instead of cutting plea deals?  Crazy talk.

    "The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws." - Budget item so Congress will have to approve the funds.

    "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." - Assuming that $4 million is already in their budget, whatever.

    "ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit." - Already law.

    "The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts." - A memo.

3) Increase mental health treatment and reporting to the background check system. - Not a fan of the SSA action.

    "The Administration is proposing a new $500 million investment to increase access to mental health care." - Another proposed expense that will need to be approved by Congress.

    "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." - This one I am not a fan of.  Assigning someone to take care of your finances because you forget to pay your bills on occasion should not disqualify you from owning a firearm.  This one will need to be handled VERY carefully.

    "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." - Until I find out what those "specific mental health reasons" are, I will have to reserve judgement on that one.

4) Shape the future of gun safety technology. - Meh.

    "The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology." - I don't have a problem with researching gun safety technology.  I don't know that I think the government should be footing the bill for it, but that's a different issue.

    "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." - Again, we are talking research items not rules.

    "Congress should support the President’s request for resources for 200 new ATF agents and investigators to help enforce our gun laws, as well as a new $500 million investment to address mental health issues." - Already covered.  Something Congress needs to authorize.

    "Because we all must do our part to keep our communities safe, the Administration is also calling on States and local governments to do all they can to keep guns out of the wrong hands and reduce gun violence. It is also calling on private-sector leaders to follow the lead of other businesses that have taken voluntary steps to make it harder for dangerous individuals to get their hands on a gun. In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do." - Another request for organizations to "do something".

Keeping Guns Out of the Wrong Hands Through Background Checks

    "Clarify 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." - not a fan of the "we'll know it when we see it" definition of "engaged in the business".

    "Require background checks for people trying to buy some of the most dangerous weapons and other items through a trust or corporation." - Gun trusts have become popular because 1) you can use electronic processing of forms with the ATF which is WAY faster (weeks instead of months), 2) if you buy a significant number of items that require ATF registration like supressors (why do I need to pay $200 and get a background check to get a muffler?), it greatly cuts down on the paperwork, 3) in states where owning of firearms is illegal without a permit, (like when my father passed away and my mother had to stop what she was doing and worry about handling the guns she was unlicensed for because the police called her) you have time to work stuff out.

    "Ensure States are providing records to the background check system, and work cooperatively with jurisdictions to improve reporting." - Sure.

    "Make the background check system more efficient and effective." - These 230 individuals will be handling the checks that are flagged for further scrutiny, which most are not.  I am cool with making resources available to make sure that people do not walk out of a store with a gun because the background check took too long, and no I am not willing to get rid of the 3 day maximum.

Making Our Communities Safer from Gun Violence

    "Ensure smart and effective enforcement of our gun laws." - Prosecuting stuff that is already illegal is a brilliant strategy.  Perhaps they should have tried that earlier.  NIBIN is not going to track down anybody.  Similar programs in NY and MD have been proven to be useless and discontinued them.

    "Ensure that dealers notify law enforcement about the theft or loss of their guns." - Already a requirement.  This is just going to clarify who is responsible for doing it (the shipper).

    "Issue a memo directing every U.S. Attorney’s Office to renew domestic violence outreach efforts." - Another memo.  Domestic violence sucks, so yay?

Increase Mental Health Treatment and Reporting to the Background Check System - OK, I find this comical.  "We must continue to remove the stigma around mental illness and its treatment" by using it as a disqualifier for owning a firearm.

    "Dedicate significant new resources to increase access to mental health care." - Good, if you can get Congress to sign off on it.

    "Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm." - Nope.  Forgetting to pay your cable bill does not mean you should lose the right to defend yourself.  Dementia is one thing, absent-mindedness is another.

    "Remove unnecessary legal barriers preventing States from reporting relevant information to the background check system." - Removing HIPAA from the equation seems legit if it is THE ONLY reason that the information was not being reported.

Shaping the Future of Gun Safety Technology - Microstamping has nothing to do with safety.

    "Issue a Presidential Memorandum directing the Department of Defense, Department of Justice, and Department of Homeland Security to take two important steps to promote smart gun technology." - As the largest single purchased of firearms in the country, I am cool with them investing in the technology.  It should be noted though, that unless you get the military and LEOs to use the technology, it will go nowhere with most gun owners.