Details of Obama executive actions on guns

The White House on Monday evening released details about the executive actions to be taken by President Obama on guns, as the plans focus on ways to force more gun buyers to go through background checks and to have gun sellers get a federal license to sell firearms.

Here are some of the details – as provided by the White House – in a news release to reporters.  You can read the full White House release at the White House website.

“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:

  • 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.  

o   A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted.  For example, a person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions at gun shows or through the Internet.  Those engaged in the business of dealing in firearms who utilize the Internet or other technologies must obtain a license, just as a dealer whose business is run out of a traditional brick-and-mortar store.

 

o   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.

 

o   There are criminal penalties for failing to comply with these requirements.  A person who willfully engages in the business of dealing in firearms without the required license is subject to criminal prosecution and can be sentenced up to five years in prison and fined up to $250,000.  Dealers are also subject to penalties for failing to conduct background checks before completing a sale.

 

  • Require background checks for people trying to buy some of the most dangerous weapons and other items through a trust or corporation.  The National Firearms Act imposes restrictions on sales of some of the most dangerous weapons, such as machine guns and sawed-off shotguns.  But because of outdated regulations, individuals have been able to avoid the background check requirement by applying to acquire these firearms and other items through trusts, corporations, and other legal entities.  In fact, the number of these applications has increased significantly over the years—from fewer than 900 applications in the year 2000 to more than 90,000 applications in 2014.  ATF is finalizing a rule that makes clear that people will no longer be able to avoid background checks by buying NFA guns and other items through a trust or corporation.

 

  • Ensure States are providing records to the background check system, and work cooperatively with jurisdictions to improve reporting.  Congress has prohibited specific categories of people from buying guns—from convicted felons to users of illegal drugs to individuals convicted of misdemeanor crimes of domestic violence.  In the wake of the shootings at Virginia Tech in 2007, Congress also created incentives for States to make as many relevant records as possible accessible to NICS.  Over the past three years, States have increased the number of records they make accessible by nearly 70 percent.  To further encourage this reporting, the Attorney General has written a letter to States highlighting the importance of receiving complete criminal history records and criminal dispositions, information on persons disqualified for mental health reasons, and qualifying crimes of domestic violence.  The Administration will begin a new dialogue with States to ensure the background check system is as robust as possible, which is a public safety imperative.

 

  • Make the background check system more efficient and effective. In 2015, NICS received more than 22.2 million background check requests, an average of more than 63,000 per day.  By law, a gun dealer can complete a sale to a customer if the background check comes back clean or has taken more than three days to complete.  But features of the current system, which was built in the 1990s, are outdated.  The Federal Bureau of Investigation (FBI) will take the following steps to ensure NICS operates more efficiently and effectively to keep guns out of the wrong hands: 

 

o   FBI will hire more than 230 additional NICS examiners and other staff members to assist with processing mandatory background checks.  This new hiring will begin immediately and increase the existing workforce by 50 percent.  This will reduce the strain on the NICS system and improve its ability to identify dangerous people who are prohibited from buying a gun before the transfer of a firearm is completed.

 

o   FBI has partnered with the U.S. Digital Service (USDS) to modernize NICS.   Although NICS has been routinely upgraded since its launch in 1998, the FBI is committed to making the system more efficient and effective, so that as many background checks as possible are fully processed within the three-day period before a dealer can legally sell a gun even if a background check is not complete.  The improvements envisioned by FBI and USDS include processing background checks 24 hours a day, 7 days a week to improve overall response time and improving notification of local authorities when certain prohibited persons unlawfully attempt to purchase a firearm.

 

  • Ensure that dealers notify law enforcement about the theft or loss of their guns.  Under current law, federal firearms dealers and other licensees must report when a gun from their inventory has been lost or stolen.  The regulations are ambiguous, however, about who has this responsibility when a gun is lost or stolen in transit.  Many lost and stolen guns end up being used in crimes.  Over the past five years, an average of 1,333 guns recovered in criminal investigations each year were traced back to a licensee that claimed it never received the gun even though it was never reported lost or stolen either.  Today, ATF issued a final rule clarifying that the licensee shipping a gun is responsible for notifying law enforcement upon discovery that it was lost or stolen in transit.

 

  • Issue a memo directing every U.S. Attorney’s Office to renew domestic violence outreach efforts. In the event of an emergency, victims of domestic violence should call 911 or otherwise contact state or local law enforcement officials, who have a broader range of options for responding to these crimes.  To provide an additional resource for state, local, and tribal law enforcement and community groups focused on domestic violence, the Attorney General is issuing a memo directing U.S. Attorney’s Offices around the country to engage in renewed efforts to coordinate with these groups to help combat domestic violence and to prevent prohibited persons from obtaining firearms.

 

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:

 

  • Dedicate significant new resources to increase access to mental health care.  Despite our recent significant gains, less than half of children and adults with diagnosable mental health problems receive the treatment they need.  To address this, the Administration is proposing a new $500 million investment to help engage individuals with serious mental illness in care, improve access to care by increasing service capacity and the behavioral health workforce, and ensure that behavioral health care systems work for everyone.  This effort would increase access to mental health services to protect the health of children and communities, prevent suicide, and promote mental health as a top priority. 

 

  • Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm.  Current law prohibits individuals from buying a gun if, because of a mental health issue, they are either a danger to themselves or others or are unable to manage their own affairs.  The Social Security Administration (SSA) has indicated that it will begin the rulemaking process to ensure that appropriate information in its records is reported to NICS.  The reporting that SSA, in consultation with the Department of Justice, is expected to require will cover appropriate records of the approximately 75,000 people each year who have a documented mental health issue, receive disability benefits, and are unable to manage those benefits because of their mental impairment, or who have been found by a state or federal court to be legally incompetent.  The rulemaking will also provide a mechanism for people to seek relief from the federal prohibition on possessing a firearm for reasons related to mental health.

 

  • Remove unnecessary legal barriers preventing States from reporting relevant information to the background check system. Although States generally report criminal history information to NICS, many continue to report little information about individuals who are prohibited by Federal law from possessing or receiving a gun for specific mental health reasons.  Some State officials raised concerns about whether such reporting would be precluded by the Privacy Rule issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Today, the Department of Health and Human Services issued a final rule expressly permitting certain HIPAA covered entities to provide to the NICS limited demographic and other necessary information about these individuals.

 

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:

 

  • 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.

 

o   Increase research and development efforts.  The Presidential Memorandum directs the departments to conduct or sponsor research into gun safety technology that would reduce the frequency of accidental discharge or unauthorized use of firearms, and improve the tracing of lost or stolen guns.  Within 90 days, these agencies must prepare a report outlining a research-and-development strategy designed to expedite the real-world deployment of such technology for use in practice.

 

o   Promote the use and acquisition of new technology.  The Presidential Memorandum also directs 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.  In connection with these efforts, the departments will consult with other agencies that acquire firearms and take appropriate steps to consider whether including such technology in specifications for acquisition of firearms would be consistent with operational needs.

 

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