Of particular note: Executive Orders are subject to legal/judicial review while Executive Actions are not. Action is treated as agency edits. Obama has asked for big money for this gun control agenda of which Congress will not allocated. To gain the dollars, Obama will have to yet issue another edit re-assigning money around agencies.
President Obama will announce tomorrow his plan to bypass Congress to move on gun control, through Executive Action. The Administration has released a “Fact Sheet.”
The following publication was released by The White House: Gun violence has taken a heartbreaking toll on too many communities across the country. Over the past decade in America, more than 100,000 people have been killed as a result of gun violence—and millions more have been the victim of assaults, robberies, and other crimes involving a gun. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place. Over the same period, hundreds of thousands of other people in our communities committed suicide with a gun and nearly half a million people suffered other gun injuries. Hundreds of law enforcement officers have been shot to death protecting their communities. And too many children are killed or injured by firearms every year, often by accident. The vast majority of Americans—including the vast majority of gun owners—believe we must take sensible steps to address these horrible tragedies.
The President and Vice President are committed to using every tool at the Administration’s disposal to reduce gun violence. Some of the gaps in our country’s gun laws can only be fixed through legislation, which is why the President continues to call on Congress to pass the kind of commonsense gun safety reforms supported by a majority of the American people. And while Congress has repeatedly failed to take action and pass laws that would expand background checks and reduce gun violence, today, building on the significant steps that have already been taken over the past several years, the Administration is announcing a series of commonsense executive actions designed to:
1. Keep guns out of the wrong hands through background checks.
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.
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.
Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history.
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.
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.
3. Increase mental health treatment and reporting to the background check system.
The Administration is proposing a new $500 million investment to increase access to mental health care.
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.
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.
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.
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.
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.
New Actions by the Federal Government
Keeping Guns Out of the Wrong Hands Through Background Checks
The most important thing we can do to prevent gun violence is to make sure those who would commit violent acts cannot get a firearm in the first place. The National Instant Criminal Background Check System (NICS), which was created by Congress to prevent guns from being sold to prohibited individuals, is a critical tool in achieving that goal. According to the Bureau of Justice Statistics, the background check system has prevented more than 2 million guns from getting into the wrong hands. We know that making the system more efficient, and ensuring that it has all appropriate records about prohibited purchasers, will help enhance public safety. Today, the Administration is announcing the following executive actions to ensure that all gun dealers are licensed and run background checks, and to strengthen the background check system itself:
Making Our Communities Safer from Gun Violence
In order to improve public safety, we need to do more to ensure smart and effective enforcement of our gun laws and make sure that criminals and other prohibited persons cannot get their hands on lost or stolen weapons. The Administration is therefore taking the following actions:
Increase Mental Health Treatment and Reporting to the Background Check System
The Administration is committed to improving care for Americans experiencing mental health issues. In the last seven years, our country has made extraordinary progress in expanding mental health coverage for millions of Americans. This includes the Affordable Care Act’s end to insurance company discrimination based on pre-existing conditions, required coverage of mental health and substance use disorder services in the individual and small group markets, and an expansion of mental health and substance use disorder parity policies, all of which are estimated to help more than 60 million Americans. About 13.5 million more Americans have gained Medicaid coverage since October 2013, significantly improving access to mental health care. And thanks to more than $100 million in funding from the Affordable Care Act, community health centers have expanded behavioral health services for nearly 900,000 people nationwide over the past two years. We must continue to remove the stigma around mental illness and its treatment—and make sure that these individuals and their families know they are not alone. While individuals with mental illness are more likely to be victims of violence than perpetrators, incidents of violence continue to highlight a crisis in America’s mental health system. In addition to helping people get the treatment they need, we must make sure we keep guns out of the hands of those who are prohibited by law from having them. Today, the Administration is announcing the following steps to help achieve these goals:
Shaping the Future of Gun Safety Technology
Tens of thousands of people are injured or killed by firearms every year—in many cases by guns that were sold legally but then stolen, misused, or discharged accidentally. Developing and promoting technology that would help prevent these tragedies is an urgent priority. America has done this in many other areas—from making cars safer to improving the tablets and phones we use every day. We know that researchers and engineers are already exploring ideas for improving gun safety and the tracing of lost or stolen guns. Millions of dollars have already been invested to support research into concepts that range from fingerprint scanners to radio-frequency identification to microstamping technology.
As the single largest purchaser of firearms in the country, the Federal Government has a unique opportunity to advance this research and ensure that smart gun technology becomes a reality—and it is possible to do so in a way that makes the public safer and is consistent with the Second Amendment. Today, the President is taking action to further this work in the following way.
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“We know that we can’t stop every act of violence. But what if we tried to stop even one?”
Columbine. Blacksburg. Newtown. Aurora. Tucson. Oak Creek. Charleston. San Bernardino.
Too many communities across the country are still suffering from the heartbreaking consequences of a gun in the wrong hands. In the past decade, more than 100,000 people have died as a result of gun violence. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place.
Sympathy is not enough to stop gun violence. Congress has repeatedly failed to take action, blocking commonsense reforms supported by the vast majority of the American people – including gun owners themselves.
The President has a responsibility to do everything in his power to reduce gun violence. This week, he will. Here’s what he’s doing:
Gun Violence in America: By the Numbers
More than 4 million
Number of American victims of assaults, robberies, and other crimes involving a gun in the last decade
More than 30,000
Number of gun deaths in America each year
More than 20,000
Number of children under 18 killed by firearms over the last decade
More than 20,000
Number of Americans who commit suicide with a firearm each year
466
Number of law enforcement officers shot and killed by felons over the last decade
3
Number of days after which a gun dealer can sell a gun to an individual if a background check is not yet complete
Get the full breakdown of the numbers on gun violence in the U.S here.
The President’s Actions to Reduce Gun Violence
So President Obama is taking executive action to reduce gun violence. Here’s what his actions are designed to do:
Keep guns out of the wrong hands through background checks
- 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.
- 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.
- 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.
- 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.
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.
Increase mental health treatment and reporting to the background check system
- The Administration is proposing a new $500 million investment to increase access to mental health care.
- 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.
- 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.
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.