New Empire State Freedom Initiative is Assessing Policy Risks and Developing Strategies To Protect New Yorkers
New Yorkers Took Action To Protect Abortion Access by Enshrining Reproductive Freedoms in State Constitution
Governor Kathy Hochul and Attorney General Letitia James today updated New Yorkers on the ongoing work to protect the fundamental freedoms of New Yorkers in preparation for President-Elect Donald Trump’s second term.
Governor Hochul and Attorney General James announced a strengthened partnership, including new dedicated staff, to address potential federal legal threats to reproductive freedom, gun safety laws and other key issues. Governor Hochul also announced the new Empire State Freedom Initiative, which convened prior to Election Day and has already begun developing comprehensive plans to address any policy and regulatory threats that may emerge from a Trump Administration. The Governor also highlighted that New York has already taken steps to protect access to safe and legal abortions, including passage yesterday of Proposition 1 which enshrines reproductive freedoms in the State Constitution.
“The safety and wellbeing of New Yorkers are my top priorities,” Governor Hochul said. “I’m committed to working with anyone on policies that make our state stronger, safer and more livable — but my administration will also be prepared to protect New Yorkers’ fundamental freedoms from any potential threats.”
“As Attorney General, I will always stand up to protect New Yorkers and fight for our rights and values,” New York Attorney General Letitia James said. “My office has been preparing for a potential second Trump Administration, and I am ready to do everything in my power to ensure our state and nation do not go backwards. During his first term, we stood up for the rule of law and defended against abuses of power and federal efforts to harm New Yorkers. Together with Governor Hochul, our partners in state and local government, and my colleague attorneys general from throughout the nation, we will work each and every day to defend Americans, no matter what this new administration throws at us. We are ready to fight back again.”
Strengthening Legal Partnership To Prepare for Federal Legal Threats
During President-elect Trump’s first term, the State of New York and its residents found itself targeted by the Trump Administration and federal agencies, forcing the State to respond with affirmative and defensive litigation against the federal government and federal agencies.
To prepare for future legal threats that could negatively impact New Yorkers, senior officials in the offices of Governor Hochul and Attorney General James will be convening regularly to coordinate legal actions, develop responses to federal agency administrative actions and provide guidance to New York residents, agencies and the private sector on key issues. This partnership will also include coordination with attorneys at state agencies and local governments across the State.
Convening the Empire State Freedom Initiative To Address Policy and Regulatory Threats
Governor Hochul has convened the Empire State Freedom Initiative – a team of experts from within her administration to develop strategies for protecting New Yorkers from a variety of policy and regulatory threats that could emerge under President-elect Trump. This team includes representatives from the Governor’s Office of Federal Affairs, the Office of the Counsel, the Department of Homeland Security and Emergency Services and other relevant agencies.
This task force is focused on key areas where New York State and New Yorkers are most likely to face threats from a Trump Administration, including reproductive rights, civil rights, immigration, gun safety and the environment, among other issues.
The task force has developed an initial analysis of likely statutory, regulatory and fiscal vulnerabilities based on the comments and policies outlined by Trump and his advisors. It will now be tasked with driving proactive measures that New York State and its agencies can take – both before and after Trump is sworn in – through state legislation, rulemaking, appropriations, partnerships with New York’s Congressional delegation and the Biden administration, and other actions.
Protecting Access to Abortion in New York
Following significant efforts by the Governor and the Attorney General to ensure that Proposition 1 was included as a New York State ballot measure for the 2024 Elections, yesterday New Yorkers overwhelmingly voted to approve Proposition 1, which enshrines reproductive freedoms in the State Constitution.
The passage of Proposition 1 builds upon previous action by the Governor to protect the reproductive rights of New Yorkers. The Governor signed legislation to strengthen New York’s Shield Law that protects doctors, medical providers and facilitators who provide reproductive telehealth services to patients outside of New York without fear of litigation in states where abortion services are outlawed or restricted. The Governor also signed legislation to allow New Yorkers to get contraception directly from a pharmacist without the need for a prescription.
In addition, the FY25 Enacted Budget made permanent the Abortion Provider Support Fund which has delivered $100 million in State funding to support abortion providers statewide.
Additionally, the Governor remains an active member of the Reproductive Freedom Alliance – a coalition of 23 governors working together to defend and expand reproductive freedom. The Alliance will continue leveraging the power of collective action to defend the fundamental right to bodily autonomy and ensure access to essential reproductive care.
Advancing Climate Goals and Reducing Emissions
As Co-Chair of the U.S. Climate Alliance, Governor Hochul will work with the Alliance’s bipartisan coalition of 24 governors – representing about 60 percent of the nation’s economy – to continue promoting a net-zero future by advancing state-led, high-impact climate action.
New York State and the U.S. Climate Alliance will address any future threats to climate action by remaining focused on advancing its key policy commitments, including goals of reducing collective net greenhouse gas emissions in alignment with the Paris Agreement, promoting clean energy deployment, creating good jobs and tracking and reporting key data on climate progress.
Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030 and economy-wide carbon neutrality by mid-century.
Continuing To Get Illegal Guns Off Our Streets
To continue New York’s nation-leading work to reduce gun violence, and in preparation for any threat to gun safety laws, Governor Hochul will continue leading the Interstate Task Force on Illegal Guns, which she first convened in 2022 and which has seized more than 28,527 illegal guns to date. Under this initiative, the murder rate has been the lowest since 1965.
The Interstate Task Force includes representatives of New York State Police, the New York Police Department and law enforcement officials from eight other states. This initiative will continue to play a critical role in stopping the flow of illegal guns across state lines, while also ensuring information sharing and collaborating on investigative strategies to solve major crimes.
In stark contrast to the hate-filled rally Trump was holding at Madison Square Garden that evoked the 1939 American Nazi rally and has spurred a litany of hate-crimes and political violence Trump has mined and promoted to fuel his ascent to political power, Vice President Kamala Harris marked the six-year anniversary of the Tree of Life Synagogue massacre in Pittsburgh on October 27 decrying antisemitism, bigotry and calling for sensible gun reform that keeps weapons built for the battlefield out of the hands of the deranged and domestic terrorists. Here is her statement:– Karen Rubin, [email protected], news-photos-features.com
Today marks six years since a white supremacist used a weapon of war to murder 11 precious souls and wound many more at the Tree of Life Synagogue in Pittsburgh’s Squirrel Hill neighborhood. This unspeakable act — fueled by antisemitic hate — was the deadliest attack on the American Jewish community in our Nation’s history. As we remember the victims of this horrific mass shooting, we also honor the courage of the first responders, some of whom were injured during this attack, and commemorate the resilience of the Pittsburgh community. This summer, ground was broken on the nation’s first museum and education center on the history of antisemitism in America at the site of the synagogue, a symbol of this enduring strength.
As we know, today’s remembrance also comes amid a rise of antisemitism, here and around the world. Earlier this month, we marked one year since the October 7th Hamas terrorist attack against Israel in which 1,200 innocent people were massacred, 250 people taken hostage, and where Hamas committed unspeakable sexual violence.
I will always work to ensure the safety and security of Jewish people in the United States and around the world, and will always call out antisemitism whenever and wherever we see it. Doug and I are proud to have worked alongside President Biden to combat antisemitism, including through the National Strategy to Counter Antisemitism. This work is not new for me: I have spent my entire career fighting antisemitism, including prosecuting hate crimes as a District Attorney and publishing an annual report on hate crimes as Attorney General of California to ensure that policymakers and law enforcement respond with a sense of urgency to this crisis. And since the beginning of our administration, we have secured record funding for the physical security of nonprofits and faith-based institutions around the country, including synagogues, Jewish Community Centers, and Jewish day schools.
Additionally, the Department of Education’s Office of Civil Rights continues to investigate cases of antisemitism and other forms of hate on campus making clear that each university must ensure all students and faculty are safe and secure on campus. We also continue our work to ensure that every person in our Nation can live free from gun violence — in their places of worship, schools, and communities. To take on the epidemic of gun violence, our administration enacted the most significant gun safety law in nearly 30 years and created the first-ever White House Office of Gun Violence Prevention, which I am proud to lead.
Today, Doug and I stand in solidarity with the survivors of this attack, the families who lost loved ones, and the entire Jewish community.
Less than two hours after hearing his only surviving son, Hunter, was found guilty of 3 gun possession offenses, President Joe Biden stood steadfast to uphold policies and laws to reduce America’s gun violence epidemic and change America’s cultural idolatry with guns. In that moment, he did two critical things befitting a president and a man of character and commitment: he upheld the rule of Law and the judicial process, saying he would respect the jury’s verdict and would not pardon his son, and vowed to continue the yeoman’s job of reversing America’s uniquely horrendous level of gun violence. (See: Biden Lauds Everytown, Moms Demand Action GunSense Activists; Points to Historic Progress But More to Do to Stem Gun Violence). –Karen Rubin/news-photos-features.com
Here is an edited transcript of his remarks:
Julvonnia, I know from experience it takes extraordinary courage for you to stand up here and retell your son’s story — and many of you who have lost someone to gun violence. It’s been a passion of mine for a long, long time.
It’s the reason way back, a long time ago, I authored the Violence Against Women Act, which no one thought made any sense at the time. It had — I had a lot of trouble getting people to think we could make a difference.
But the fact of the matter is I remember well when you first started it with me — this extraordinary courage. You know, through your words, you help ensure that your son and all the victims of gun violence are not forgotten. They didn’t die in vain. Through your love, you help prevent the next tragedy. It saves lives.
And through your actions, you remember us — we’ll never let go of one thing that we must never, never lose. And I mean this. I know it’s hard because I’ve gotten those phone calls, too, saying I lost a son, a daughter, a wife. I know what it’s like. But guess what? Never give up on hope — hope, hope, hope. (Applause.)
I give you my word. I know what that feels — that black hole when you receive that phone call that seems like you’re — black hole in your chest — you’re being sucked into it. Just showing up here and all the work you’ve done takes some courage because it reminds you of the mo- — moment you got that phone call. It reminds you, no matter how long it goes, until y- — it just — it’s hard. But you’re so — you’re ma- — you’re making such a difference. The main reason I’m here is to say — and I mean this from the bottom of my heart –…
Folks, to Everytown and all the leaders and advocates here today, I want to thank you for the dedication to this vital issue you’ve shown.
And to all the survivors, veterans, families, moms who have turned their pain and your purpose into the loss and you’re determined to not focus on your anger but on what you can do.
Look, folks, you’ve helped power a movement that is turning this cause into reality — especially young people, who demanded our nation do better to protect us all — (applause) — who protested, who organized, who voted, who ran for office, and, yes, who marched for their lives. (Applause.)
From my perspective, today is about celebrating you. You’re the reason I’m so optimistic about the future of our country, and I mean that.
In two weeks, we’ll mark the second anniversary of the Bipartisan Safer Communities Act. (Applause.) It’s the most significant gun legislation in nearly 30 years, and we passed it only because you gone out and vou worked like hell to get it done. May have the idea, but you got it ma- — you made it happen.
It was designed to reduce gun violence and save lives. And I’m so proud of the tremendous progress we’ve made since then.
You know, the year before I came to the presidency, the murder rate was the highest increase on record. Last year, we saw the largest decrease of murder in the history of (inaudible). (Applause.) And those rates are continuing to fall faster than ever.
Last year, we also saw one of the lowest rates of all violent crime in nearly 50 years. Murder, rape, aggravated assault, robbery all dropped sharply, along with burglary and property crime. (Applause.) Becau- — this matters.
So much of this progress is because — and I’m not just trying to be solicitous — it’s because of you. Don’t underestimate what you have done. It’s amazing what you have done. You changed people’s minds — your neighbors, your friends, the folks down at the restaurant, the folks at the grocery store.
Through the American Rescue Plan, I was able to invest $15 billion, the largest investment ever to reduce crime. And we built on that progress, with your help, the Bipa- — (applause) — through the Bipartisan Safer Communities Act.
And here’s how. First, the act is helping reduce community violence and domestic violence. It invests $250 million in violence intervention programs all across the country. (Applause.) People are now — my daughter is a social worker working with violence against women. What people don’t realize is these things matter. They change attitudes.
We’ve already funded nearly 80 programs and counting. We also made gun trafficking and straw purchasing a federal crime for the first time, giving prosecutors the legal tools to charge traffickers and hold them accountable for the more severe penalties that are available. (Applause.)
Additionally, the law strengthens background checks for anyone under the age of 21 trying to purchase a firearm. And it’s about time. There’s more we have to do there. It’s a big deal. (Applause.) Since the law was passed and implemented, the FBI has stopped more than 700 sales of firearms for individuals under the age of 21.
And about 20,000 unlicensed firearms dealer are now required to become licensed to run background checks — (applause) — which will keep guns out of dangerous hands.
Second, the act helps stops mass shootings, provides $750 million to state — to — to states to implement their crisis interventions like red flag laws that temporarily remove firearms from those who are in danger to themselves or others. (Applause.)
It also gives $1.3 billion to thousands of schools across the country to build a safer learning environments, including (applause) updating safety plans, installing security equipment, hiring mental health professionals and school resource officers — (applause) — I’m married to a full-time teacher; I get it — (applause) — as well as violence intervention teams.
Folks, look, third, the act invests over $1 billion, the largest one-time investment ever in mental health — youth mental health in our schools — (applause) — to help them deal with grief and trauma resulting in gun violence. I’ve attended too many mass shootings — I’ve gone to too many schools across America and stood there and looked at the faces of those young children who made it and look at all the families that lost somebody. It’s tragic. But it needs help. They need help to get through it.
It includes an additional 14,000 mental health professionals to be hired and trained in our schools — to work in our schools full time. That’s 14,000 more. And — (applause) — and over 170,000 Americans across the country have been trained to identify when someone is having a mental health crisis and connect them to the help they need. (Applause.)
By the way, one of the reasons I wrote the latest veterans bill was because more veterans and more active-duty personnel are dying of suicide than any combat zone. (Applause.) It matters.
And, folks, this historic law is already saving lives. But there is still so much more to do to maximize the benefits of the Bipartisan Safer Communities Act.
That’s why, last September, I established the first-ever White House Office of Gun Violence Prevention. (Applause.) And I mean it. We got first-rate professionals there and overseen by my incredible Vice President — (applause) — who is a pretty fierce prosecutor as well — to drive and coordinate government and nationwide effort to reduce gun violence in America. That’s why we did it. And to send a clear message about how important this issue is to me, to you, and to the entire country.
Folks — (applause) — you’re changing the nation. You really are. You’re changing the nation. It builds upon the dozen of executive actions my administration has taken to reduce gun violence — more than any of my predecessors, and I suspect more than all of them combined — everything from cracking down on ghost guns, gun trafficking, and so much more.
Folks, we’re not stopping there. It’s time, once again, to do what I did when I was a senator: ban assault weapons. (Applause.) I mean it.
AUDIENCE: Four more years! Four more years! Four more years!
THE PRESIDENT: Thank you.
Who in God’s name needs a magazine which can hold 200 shells?
AUDIENCE MEMBER: Nobody!
THE PRESIDENT: Nobody. That’s right….
But think about it. They’re weapons of war.
And, by the way, it’s time we establish universal background checks — (applause) — and require the safe storage of firearms. We should hold — (applause) — we should hold families responsible if they don’t provide those locks on those guns….
And, by the way, this is the most important: The only industry in America that has immunity are gun dealers. We got to end it — (applause) — end it now. No, I mean it.
Imagine — imagine if we gave — if we gave tobacco an exception they could not be prosecuted. We — what would happen? We’d still — a thousand more people would be dying of cancer because of smoke inhalation.
It’s time we increase funding for the Bureau of Alcohol, Tobacco, and Firearms and Explosives and other law enforcement agencies as well — (applause) — to solve the crimes faster.
Look, unfortunately — this is the only partisan thing I’m going to say — the congressional Republicans oppose all of these — every one of these. Instead of trying to stop our ban on ghost gun kits that can commit crimes, they’re working like hell to stop it. They want to abolish the Bureau of Alcohol, Tobacco, and Firearms and Explosives, which is responsible for fighting gun crimes.
You can’t be pro law enforcement and say you are pro law enforcement and be pro abolishing the AFT. (Applause.) You can’t do it. It’s outrageous…
What in God’s name is the rationale for taking away the Alcohol, Tobacco, and Firearms?
After a school shooting in Iowa that killed a student and a teacher, my predecessor was asked about it. You remember what he said. He said, “Have to get over it.” Hell no, we don’t have to get over it. (Applause.) We got to stop it. We got to stop it and stop it now. (Applause.)
More children are killed in America by guns than cancer and car accidents combined. (Applause.) My predecessor told the NRA convention recently he’s proud that, quote, “I did nothing on guns when I was president.” And by doing nothing, he made the situation considerably worse.
That’s why Everytown, why this summit, why all of you here today are so damn important. We need you. We need you to overcome the unrelenting opposition of the gun lobby, gun manufacturers, and so many politicians when they oppose commonsense gun legislation.
When I was no longer the vice president, I became a professor at the University of — of Pennsylvania. Before that, I taught a constitutional law class, and so I taught the Second Amendment.
There’s never been a time that says you can own anything you want. You couldn’t own a cannon during the Civil War. (Laughter.).. And, by the way, if they want to think they — it’s to take on government if we get out of line, which they’re talking again about — well, guess what? They need F-15s. They don’t need a rifle. (Laughter.)
Folks, look, this is crazy, what we’re talking about. Because whether we’re Democrats or Republicans, we want all families to be safe. (Applause.) We all want to drop them off at a house of worship, a mall, a movie theater, a school without worrying if it’s the last time I’m going to get to see them. (Applause.) We all want our kids to have the freedom to learn how to read and write in schools instead of learning how to duck and cover, for God sake. (Applause.)
And above all — above all, we all agree: We are not finished. (Applause.) Look, no single — no single action can solve the entirety of the gun violence epidemic. But together, our efforts, your efforts are saving lives.
You can help rally a nation with a sense of urgency and seriousness of purpose. You’re changing the culture. We are proving we can do more than just thoughts and prayers — just more than thoughts and prayers. You’re changing politics. You’re proving that you’re powerful and you’re relentless, and I mean that.
Let me close with this. I know many people here have been impacted by gun violence and are tired and frustrated. (Applause.) No — no, I — I know. I’ve been to too many — I’ve literally spoken with well over a thousand families at these events that I’ve attended for mass shootings. And the look in their eyes — you can almost feel that black hole they feel in the center of their chest, like they’re being sucked in, there’s no way out. And if they have remaining children, you look at the children and they wonder, “Mommy, Daddy, how about me?”
And I know you may wonder: Are we ever going to make full progress that we need to make? I’m here to tell you we have no choice. We cannot give up trying for all the lives lost and all those who still there to save. We’re going to get there.
I have no illusions about how difficult it may be. But I also have no illusions about the people in this room.
You’re changing the attitude of the public — I really mean it. I’m going back to why I got here in the first place. That is to say thank you.
I can come up with all these ideas about the laws we can change to make it easier, but you’re changing people’s lives. You’re convincing your neighbors and people this is necessary. It’s beginning to move.
Look at what we’ve already done around the community. Look at the movement you’ve built, the elected officials standing with you. Look at all the mothers organizations across the country.
AUDIENCE MEMBER: Mr. President, you are making a change too! I love you so much! (Inaudible.) (Laughter and applause.)
THE PRESIDENT: (Applause.) Look —
When there’s a crisis, half of what people affected by a crisis have to know: Is anybody listening? Do you hear me? Do they hear what we’re saying?
Listen to the young people who are speaking out. That’s the power of the memory of your loved ones. That’s the power of this movement. That’s the power of America.
We just have to keep going and keep the faith and remember who we are. We are the United States of America, and there is nothing beyond our capacity when we act and do it together. (Applause.) So, God bless you all. And may God protect our troops. (Applause.)
Less than two hours after hearing his only surviving son, Hunter, was found guilty of 3 gun possession offenses, President Joe Biden stood steadfast to uphold policies and laws to reduce America’s gun violence epidemic and change America’s cultural idolatry with guns. In that moment, he did two critical things befitting a president and a man of character and commitment: he upheld the rule of Law and the judicial process, saying he would respect the jury’s verdict and would not pardon his son, and vowed to continue the yeoman’s job of reversing America’s uniquely horrendous level of gun violence.
There are those who are pushing for the Supreme Court, which has a record now of putting the sanctity of the 2nd Amendment over the sanctity of life, to overturn the very gun regulations that ensnared Hunter, basically arguing for drug addicts, domestic abusers, those suffering mental illness, should be allowed to purchase all the guns they want and Hunter should appeal based on how rarely the charges against him have ever been prosecuted. But that would be wrong. With two-thirds of gun deaths due to suicide and the majority of murders of women and children by domestic abusers, no drug addict, as Hunter was at the time and as the jury found, should be allowed to purchase a gun. It is very possible that this law saved Hunter’s life and his family. This Supreme Court is also itching to overturn Red Flag laws that keep guns out of the hands of anyone who is a danger to themselves or someone else, hearing the plea of a domestic abuser who was refused a gun. Biden’s Solicitor General is trying to keep the law intact.
The irony of the timing of this important event with his son’s jury verdict is worthy of fiction. But Biden made no mention of it in his speech. Instead, he pointed to success of historic, landmark legislation and historic policies and actions that are already yielding result, including record DECREASES in violent crime.
In a statement issued by the White House, President Biden declared, ”Violent crime is dropping at record levels in America. It’s good news for our families and our communities. Today, the FBI released preliminary data collected from over 11,000 law enforcement agencies around the country showing that, in the first quarter of this year, murders decreased by 26%, robberies by almost 18%, and violent crime overall by 15%. These large decreases follow major reductions in crime in nearly every category in 2023 – including one of the lowest rates for all violent crime in 50 years and significant declines in murder.
“This progress we’re seeing is no accident. My Administration is putting more cops on the beat, holding violent criminals accountable, and getting illegal guns off the street – and we are doing it in partnership with communities. As a result, Americans are safer today than when I took office.
“After we saw the largest increase in murders ever recorded during the previous Administration, my Administration got to work protecting the American people. My America Rescue Plan – which every Republican voted against – delivered $15 billion to cities to hire and retain more cops and keep communities safe. I took on the gun lobby and signed the Bipartisan Safer Communities Act into law, the most significant gun violence legislation in nearly 30 years. But there is more to do. I will continue fighting for funding for 100,000 additional police officers, and crime prevention and community violence intervention programs. Every American deserves to feel safe in their community – which is why I will continue to invest in public safety.”
Over chants of “Four More Years” Biden thanked Everytown for Gun Safety and Moms Demand Action gunsense activists for all their work actually changing the culture, getting politicians to their side, that has made brought his efforts, his ideas to fruition, while pledging that there is so much more to do.
Biden turned the cheers into appreciation for the activists. “You’ve helped power a movement,” Biden said.
The contrast – in character, commitment, mission, purpose – between Biden, upholding the Rule of Law in face of significant personal pain and pushing forward with policies to address America’s scourge of gun violence, and Trump who said of school shooting victims, “Get over it” and boasted to the NRA convention that he did nothing during his term to rein in gun violence, could not be more dramatic.
“Heroic. What it means to live a principle,” said former prosecutor Andrew Weissmann on MSNBC, of President Biden.
Just a couple of hours after his son, Hunter Biden, was found guilty of three gun possession violations, the President delivered remarks at Everytown for Gun Safety Gun Sense University in Washington, D.C., where he highlighted the progress his Administration has made to reduce crime and keep guns out of dangerous hands thanks to the Bipartisan Safer Communities Act (BSCA), ahead of the two year anniversary since the signing of the law. During his remarks, he announced that the Department of Justice has charged more than 500 defendants for violating the new gun trafficking and straw purchasing provisions created by BSCA.
In his remarks, the President underscored how — as a result of critical investments made through BSCA and his American Rescue Plan –the Biden-Harris Administration has made our communities safer by helping get illegal guns off our streets and putting more cops on the beat, while promoting accountable policing and community violence intervention programs.
The President’s remarks at Gun Sense University build upon outreach and engagement his Administration and the White House’s first-ever Office of Gun Violence Prevention have undertaken to connect with victims, survivors, groups and organizations that are on the frontlines of the fight against gun violence. Last year, the President spoke at the National Safer Communities Summit and the Vice President recently announced two commonsense gun safety solutions while meeting with survivors in Parkland—the launch of the first-ever National Extreme Risk Protection Order (ERPO) Resource Center, which will support the effective implementation of state red flag laws, and calling on states to pass red flag laws and to use BSCA funding to help implement laws already enacted.
A White House fact sheet details the BidenAdministration actions to end the epidemic of gun violence:
The Biden-Harris Administration has deployed a historic effort to partner with state and local law enforcement and keep communities safe by addressing the illegal sources of guns. The strategy is focused not just on the person who pulled the trigger of a firearm, but also on all of the links in the chain that led to the firearm being in the wrong hands, including the gun trafficker, the source of the gun trafficker’s firearms, rogue gun dealers who are willfully violating the law, and ghost gun manufacturers. Key Administration actions to stop the illegal flow of guns into our communities include:
Gun Trafficking Law Enforcement: In 2021, the Justice Department launched five new law enforcement strike forces focused on addressing significant firearms trafficking corridors that have diverted guns to New York, Chicago, Los Angeles, the Bay Area, and Washington, D.C. The Bipartisan Safer Communities Act also enacted the first ever federal gun trafficking law and federal straw purchasing law. These new provisions created by BSCA have been used to charge more than 500 defendants.
Cracking Down on Rogue Gun Dealers: The Justice Department enacted a new policy to maximize the efficacy of ATF resources to crack down on rogue gun dealers violating our laws and underscored zero tolerance for willful violations of the law by federally licensed firearms dealers that put public safety at risk. The new ATF inspection policies have led to 245 license revocations over the past two years.
Stopping Gun Manufacturers Illegally Selling Ghost Guns: The Justice Department issued a final rule to rein in the proliferation of ghost guns, which are unserialized, privately made firearms that are increasingly being recovered at crime scenes. According to ATF, the recovery of ghost guns by law enforcement increased 1,083 percent between 2017 and 2021.
Most recently, the Biden-Harris Administration announced a new rule that will save lives by reducing the number of firearms sold without background checks. This final rule implements the Bipartisan Safer Communities Act’s expansion of firearm background checks—the most significant expansion of the background check requirement since then-Senator Biden helped shepherd the Brady Bill over the finish line in 1993. This action is part of the Biden-Harris Administration’s strategy to stem the flow of illegally acquired firearms into our communities and hold accountable those who supply the firearms used in crime.
“The President’s Administration will continue taking action, but Congress must do their part. The President and Vice President continue to call on Congress to pass universal background checks, a national red flag law, and ban assault weapons and high-capacity magazines. As the President has said, ‘we need Congress to do something—do something—so that communities won’t continue to suffer due to the epidemic of gun violence’.”
The Giffords PAC stated: “The FBI just released new data indicating that rates of violent crime dropped 15 percent overall in the first few months of 2024 in comparison to the first few months of 2023. Murders have dropped by about 26 percent. This is a BIG deal, and it’s a testament to the work we’ve done together in our movement to end gun violence.
“Of course, this drop in violence crime could have never been possible without President Biden, the strongest gun safety president we’ve had in office in decades. He had the courage to stand up to the gun lobby and signed the Bipartisan Safer Communities Act into law in 2022. It is the most significant federal gun safety legislation passed in nearly 30 years.
“President Biden has made it clear that as long as he’s in office, he will be a champion for gun safety.”
The same cannot be said if Trump or in fact any Republican takes the office.
New Department of Justice final rule sets strong standard for gun sellers who have to get a license and conduct background checks. But President Biden called on Congress to enact universal background checks and finish the job. This fact sheet is provided by the White House:
The Biden-Harris Administration announced a new rule that will save lives by reducing the number of firearms sold without background checks. This final rule implements the Bipartisan Safer Communities Act’s expansion of firearm background checks—the only significant expansion of the background check requirement since then-Senator Biden helped shepherd the Brady Bill over the finish line in 1993. This action is part of the Biden-Harris Administration’s strategy to stem the flow of illegally acquired firearms into our communities and hold accountable those who supply the firearms used in crime.
“I’ve spent hours with families who’ve lost loved ones to gun violence,” President Joe Biden stated. “They all have the same message: ‘Do something.’ Today, my Administration is taking action to make sure fewer guns are sold without background checks. This is going to keep guns out of the hands of domestic abusers and felons. And my Administration is going to continue to do everything we possibly can to save lives. Congress needs to finish the job and pass universal background checks legislation now.”
“Every year, thousands of unlicensed gun dealers sell tens of thousands of guns without a background check, including to buyers who would have failed one – domestic abusers, violent felons, and even children,” stated Vice President Kamala Harris. “This single gap in our federal background check system has caused unimaginable pain and suffering. Today, as the head of the White House Office of Gun Violence Prevention, I am proud to say that all gun dealers must conduct background checks no matter where or how they sell.”
The federal gun background check system is one of the best tools we have to keep guns out of the hands of individuals prohibited from purchasing or possessing firearms, including domestic abusers and other violent criminals. But the loopholes in America’s background check laws have enabled domestic abusers, school shooters, violent criminals, and gun traffickers to illegally acquire firearms. Over the past 20 years, there have been numerous failed efforts to close these loopholes and expand background checks, including a bipartisan attempt in 1999 that followed the shooting at Columbine High School, and another bipartisan attempt in 2013 that followed the shooting at Sandy Hook Elementary School.
In 2022, President Biden accomplished what many had tried for the past 20 years—he succeeded in expanding background checks by signing into law the Bipartisan Safer Communities Act. This law broadened the category of gun sellers required to become licensed dealers and run background checks. In 2023, President Biden signed an Executive Order to accelerate implementation of the Bipartisan Safer Communities Act, including by directing the Attorney General to move the U.S. as close to universal background checks as possible without additional legislation by clarifying the new Act. The Department of Justice’s (DOJ) final rule clarifies the type of conduct that requires a person to get a license to sell guns and to conduct background checks. By setting clear standards for when someone is dealing firearms, the rule provides the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with proactive tools to enforce the law and keep our communities safe.
Background Check Loopholes Have Deadly Consequences
Since 1994, federal law has required federally licensed firearms dealers to run background checks prior to selling or transferring a weapon. These background checks have helped keep guns out of the hands of more than three million individuals who are prohibited from purchasing or possessing firearms. Despite the law, a growing number of unlicensed sellers continue to sell firearms for profit to complete strangers they meet at gun shows and online marketplaces, which has been a critical gap in the background check laws.
For the past 30 years, individuals who could not pass a background check sought out unlicensed sellers in order to evade the background check system. One investigation found that 1 in 9 people who respond to online ads from unlicensed sellers would fail a background check. Tragic consequences of this unlawful conduct include:
In 1999, the school shooters from the Columbine High School shooting were both under 18 and too young to purchase firearms legally. The shooters had their acquaintance purchase firearms for them at a gun show through an unlicensed seller to avoid a background check.
In 2012, a domestic abuser was barred from possessing firearms following a restraining order taken out by his estranged wife. The day before the abuser killed his wife and two others, and injuring four at the Azana Salon in Wisconsin, he purchased a gun from an unlicensed seller he met online without a background check.
In 2019, a man shot and killed seven people and wounded dozens more after a multiple-location shooting in Midland and Odessa, Texas. The shooter had previously tried to purchase a gun from a sporting goods store but was stopped by a background check because of his mental health history. He was ultimately able to purchase an AR-15 assault-style rifle without a background check from an unlicensed seller he met online.
Unlicensed dealers who do not conduct background checks are also the largest source of firearms that are illegally trafficked into our communities. In an assessment of its gun trafficking investigations from 2017 to 2021, ATF identified sales by unlicensed dealers as the most frequently used gun trafficking channel. Moreover, unlicensed dealers were the source of more than half of the firearms identified as having been trafficked during the five-year study period—a total of more than 68,000 illegally trafficked firearms.
Final Rule Implements New Law, Expanding Background Check Requirement to Tens of Thousands of Gun Sales
The Department of Justice’s final rule implements the Bipartisan Safer Communities Act—the largest expansion of background checks since the Brady Bill became law. The final rule makes clear when a person needs to become a licensed dealer and run background checks, and gives the Department of Justice additional tools to crack down on individuals illegally selling guns without background checks. Specifically, the final rule:
Lists the types of commercial activity indicating that a person must become a licensed dealer and run background checks, absent evidence showing they are in fact not engaged in the business of firearms dealing. For example, if a person is repetitively selling guns of the same or similar make and model within one year of their purchase, they are supposed to become a licensed dealer. If a person repetitively sells firearms within thirty days of purchasing those firearms, or selling firearms and tells potential buyers that they can acquire additional firearms for that buyer to purchase, the seller is supposed to become a licensed dealer.
States that the gun show or online sale loopholes do not exist. If you are conducting business that in a brick-and-mortar store would require you to become a licensed dealer, you have to become a licensed dealer and run background checks. It does not matter whether you are dealing firearms at a gun show, online, in your home, in the trunk of a car, at a flea market, or anywhere else—you must obtain a license and run background checks results. Evidence that a person placed ads online or reserved a table at a gun show shows that the person is intending to profit from the sale.
Prevents people from evading the licensing and background check requirements by claiming that they are just selling a few guns. The final rule clarifies that even a single firearm transaction may be sufficient to require a license, if there is other behavior to suggest commercial activity. For example, a person selling just one gun and then saying to others they are willing and able to purchase more firearms for resale may be required to obtain a license and run background checks.
Prevents people from falsely claiming that guns are part of a personal collection in an attempt to evade the law. The statute explicitly states that making occasional sales of a firearm from a personal collection or liquidating collection does not require a federal firearms license or background checks. However, people have evaded the background check requirement by falsely claiming they are selling their personal collection. The final rule makes clear that a personal collection of firearms is limited to collections acquired for specific reasons like study; comparison; exhibition; or for a hobby, like hunting or sport shooting. A bona fide personal collection is not the same as business inventory.
Closes the so-called firesale loophole. Gun dealers who have had their licenses revoked have sometimes then sold their former business inventory without running background checks. The final rule makes clear that a business inventory may not be transferred to a person’s personal collection after a license is revoked. Instead, a business could dispose of this inventory through another licensed seller who runs background checks.
There are over 80,000 licensed gun dealers in America. The Department of Justice estimates that there are over 20,000 unlicensed sellers who are selling firearms through online advertisements, gun shows, and other means. These unlicensed sellers should be licensed under the Bipartisan Safer Communities Act and the new rule, and therefore conducting background checks. An alternative estimate based on survey data estimates that the new rule could affect gun sales being made by over 80,000 individuals. Legal limitations on tracking firearms make such estimates difficult to quantify.
Final Rule Builds on the Biden-Harris Administration’s Commitment to Stopping the Illegal Flow of Guns
The Biden-Harris Administration has deployed a historic effort to partner with state and local law enforcement and keep communities safe by addressing the illegal sources of guns. The strategy is focused not just on the person who pulled the trigger of a firearm, but also on all of the links in the chain that led to the firearm being in the wrong hands, including the gun trafficker, the source of the gun trafficker’s firearms, rogue gun dealers who are willfully violating the law, and ghost gun manufacturers. Key Administration actions to stop the illegal flow of guns into our communities include:
Gun Trafficking Law Enforcement: In 2021, the Justice Department launched five new law enforcement strike forces focused on addressing significant firearms trafficking corridors that have diverted guns to New York, Chicago, Los Angeles, the Bay Area, and Washington, D.C. The Bipartisan Safer Communities Act also enacted the first ever federal gun trafficking law and federal straw purchasing law. The new gun trafficking law has been used to charge more than 300 people and led to the seizure of over 1,500 firearms.
Cracking Down on Rogue Gun Dealers: The Justice Department enacted a new policy to maximize the efficacy of ATF resources to crack down on rogue gun dealers violating our laws and underscored zero tolerance for willful violations of the law by federally licensed firearms dealers that put public safety at risk. The new ATF inspection policies have led to 245 license revocations over the past two years, which is the highest two-year total in nearly twenty years.
Stopping Gun Manufacturers Illegally Selling Ghost Guns: The Justice Department issued a final rule to rein in the proliferation of ghost guns, which are unserialized, privately made firearms that are increasingly being recovered at crime scenes. According to ATF, the recovery of ghost guns by law enforcement increased 1,083 percent between 2017 and 2021. The Biden-Harris Administration cracked down on ghost guns by making clear that businesses manufacturing the most accessible ghost guns, including “buy-build-shoot” kits and certain polymer handgun frames (including certain Polymer80 handgun frames) must comply with federal firearm laws requiring background checks, a federal license, and markings, such as serial numbers.
Senate Confirmed ATF Director: President Biden secured the confirmation of ATF Director Steve Dettelbach, the first permanent ATF Director in over seven years to lead the agency tasked with enforcing our nation’s gun laws.
Crime Gun Intelligence Centers: ATF works with state and local law enforcement to establish crime gun intelligence centers, which uses the National Integrated Ballistics Information Network (NIBIN) and crime gun tracing to provide investigative leads to solve shootings and identify gun trafficking channels.
New Analysis on Gun Trafficking: In 2021, President Biden announced that the ATF would publish the first gun trafficking analysis in twenty years. ATF has published three volumes, with the most recent volume showing that the most frequent type of trafficking channel identified in ATF gun trafficking investigations was unlicensed firearms dealing by private persons at 40.7 percent. These investigations accounted for over half of the firearms identified as trafficked in ATF investigations. The second most frequent trafficking channel was straw purchasers.
Call for Congress to Act
While the Biden-Harris Administration is moving as close as possible to universal background checks without additional legislation, President Biden and Vice President Harris continue to call on Congress to enact universal background checks and finish the job.
The President and Vice President also continue to call on Congress to increase funding for the ATF so the agency can continue its life-saving work to stop the flow of illegal firearms into our communities. The President requested $2 billion for ATF as part of his FY 25 budget request.
President Biden delivered remarks on the Biden-Harris Administration’s actions to fight crime and make our communities safer. The Administration has taken a three-part approach to public safety and fighting crime: funding effective, accountable policing; investing in intervention and prevention strategies; and keeping especially dangerous guns off our streets and out of dangerous hands.
“My administration is going to choose progress over politics, and communities across the country are safer as a result of that policy,” President Biden declared. “There is no greater responsibility than to ensure the safety of families, children, communities, and our nation.”
Second Gentleman Douglas Emhoff, the Office of Gun Violence Prevention (OGVP) and the Department of Labor (DOL) hosted a roundtable on improving job opportunities for communities affected by gun violence and discuss the connection between workforce development and violence intervention and prevention.
During the roundtable, DOL also discussed its Growth Opportunities Program, which provides up to $85 million to improve job opportunities for youth in communities affected by violence and poverty. This recently announced funding opportunity supports programs that provide skills training through work-based learning, employment services, educational support and mentorship to youth and young adults in communities affected by violence, crime and poverty.
These funds provided by the Growth Opportunities Program build on efforts by the Biden-Harris Administration to prevent crime and promote public safety, including $15 billion provided by the President’s American Rescue Plan to support additional police officers, expand community violence intervention, add crisis responders, and more. While the President’s Bipartisan Safer Communities Act (BSCA) — the most significant gun safety legislation in the last 30 years — provides $250 million in funding for community-based violence prevention initiatives, in addition to key investments for schools to expand mental health services and violence intervention programs.
The positive impacts of the President’s strategy to prevent and reduce crime and gun violence nationwide are already apparent. According to 2023 FBI data, there has been a significant drop in crime – including one of the largest yearly declines in homicides ever. By comparison, during the final year of the prior administration in 2020, the United States saw the largest increase in murders ever recorded. Key provisions created by the BCSA are beginning to deliver results in making communities safer against gun violence, including recent announcements by the Department of Justice on stopping more than 500 illegal gun purchases by people under 21 years old who presented a danger to our communities, and hundreds of charges brought by the Justice Department for illegal gun purchases and firearms trafficking.
“The President knows more can and must be done, which is why OGVP, overseen by Vice President Kamala Harris, continues to identify executive orders to save lives, while also announcing new initiatives to encourage action at the state and local level,” a White House official stated. “This past December, the Vice President convened 100 state legislators at the White House to launch the Biden-Harris Administration’s Safer States Initiative, providing states with additional tools and the support they need to reduce gun violence—and we have already seen states begin to answer the call and implement these critical measures. Last month, the Office of Gun Violence Prevention, in partnership with the U.S. Department of Education and the Department of Justice, also announced new executive actions to help promote safe storage of firearms that implement President Biden’s Executive Order on promoting safe gun storage, which has been shown to dramatically reduce children’s risk of self-inflicted harm and unintentional shootings.”
These are just a few examples of the progress that is being made under the leadership of President Biden and Vice President Harris to protect our communities, schools and children, and end the epidemic of gun violence that is leaving empty seats at dinner tables across the country.
The Second Gentleman also continues to show up for communities affected by gun violence, meeting with victims and families in Parkland, Florida; Uvalde, Texas; Highland Park, Illinois; and the Tree of Life Community in Pittsburgh, Pennsylvania. This past December, the Second Gentleman also delivered remarks at the 11th Annual Vigil for All Victims of Gun Violence.
The White House provided this fact sheet reviewing the Biden-Harris administration’s actions to fight crime and make communities safer. Meanwhile, the Supreme Court is hearing a case challenging the ban on bump stocks that turn assault weapons into illegal machine guns.
During the previous Administration, America saw the largest increase in murders ever recorded in 2020; Under the Biden-Harris Administration, there has been a significant decrease in crime – including one of the largest yearly declines in homicides ever.
The historic declines in crime mean that America is safer. The Biden-Harris Administration has taken a three-part approach to public safety and fighting crime: funding effective, accountable policing; investing in intervention and prevention strategies; and keeping especially dangerous guns off our streets and out of dangerous hands.
That balanced approach is the hallmark of the President’s Safer America Plan, which calls on Congress to invest $37 billion to support law enforcement and crime prevention, including by funding 100,000 additional police officers for accountable community policing, consistent with the standards set out in the President’s executive order on policing; community violence intervention and crisis responders; and commonsense gun reforms such as background checks.
And states and localities have adopted this balanced approach through one of the largest investments ever in public safety: The President’s American Rescue Plan – which every Republican elected official in Congress voted against – has helped states and over one thousand cities, towns, and counties across the country to invest over $15 billion to public safety and violence prevention. Communities have invested those funds to support additional police officers, expand community violence intervention, add crisis responders, and more. And today we are seeing real results: Cities around the country are experiencing historic declines in violent crime, and homicides are estimated to be down nationally 12% from 2022 to 2023.
By comparison, during the final year of the Trump Administration in 2020, the United States saw the largest increase in murders ever recorded.
Communities have leveraged funding from President Biden’s American Rescue Plan to reduce crime:
Detroit invested more than $100 million for public safety, including to pay bonuses that enabled the city to hire 200 new police officers, advance community violence intervention, and expand teams of police and mental health professionals who can respond to people in crisis. In 2023, Detroit had its fewest homicides since 1966, with an 18% decline from 2022.
Milwaukee invested over $40 million to pay new officers engaging in community policing, fund gun crime investigations, and increase the number of dispatchers to handle 911 calls. The city improved city street lighting, supported community violence intervention efforts, and expanded summer programs for at-risk youth. The city and county of Milwaukee also partnered with the state of Wisconsin to invest $28 million more on anti-violence efforts, including to reduce dramatically the court backlog of violent crime cases. In 2023, homicides in Milwaukee dropped 20%.
Philadelphia invested millions in group-violence intervention and community crisis intervention programs. It also partnered with the state of Pennsylvania to devote $45 million more to upgrade the city’s crime lab, reduce gun violence, and investigate and prosecute violent gun crimes, as well as further support violence intervention and prevention. In 2023, Philadelphia experienced record crime declines, including a 20% drop in homicides and a 28% decline in nonfatal shootings.
Chicago invested $100 million for public safety, including $16 million for community violence intervention focused on those at the highest risk of violence, $15 million to support alternative responders for 911 calls involving health crises, $30 million for youth intervention and diversion programs, and $10 million to support victims of crime. In addition to these targeted investments to reduce violence, Chicago is making additional significant investments to expand opportunity for young people – including hiring nearly 25,000 young people over the summer and investing $53 million for youth employment programs. Chicago also received $6.25 million in grants from the Department of Justice to hire or retain 50 additional officers. Chicago saw a 13% drop in homicides in 2023, and nonfatal shootings declined 17%.
The President’s Safer America Agenda:
Funding Effective, Accountable Policing
In 2023, the Department of Justice alone provided state, local, Tribal, and territorial law enforcement agencies, research institutions, and nonprofit organizations nearly $5.8 billion to advance public safety, $1 billion more than just two years earlier. Those grants included more than $200 million to fund 1,730 new police officers in nearly 400 communities. The Department of Justice’s 2023 grant funding also included more than $173 million in site-based funding to improve school safety.
The President signed and is continuing to implement a historic Executive Order to advance police reform which required that federal law enforcement agencies ban chokeholds, strengthen use-of-force policies, restrict no-knock warrants, and direct other measures to advance effective, accountable policing that increases public safety.
Investing in Violent Crime Prevention and Intervention
President Biden has secured historic investments in crime prevention and intervention strategies, including strategies to prevent crime. For example:
President Biden secured the first-ever federal funding solely dedicated to community violence interventions, and has increased funding for violence intervention programs.
The Bipartisan Safer Communities Act includes the biggest ever one-time investment in mental health through the Department of Education, to help students deal with a range of mental health issues, including the trauma resulting from gun violence. To date, nearly $300 million has been distributed and will help to hire or train 14,000 mental health professionals for our schools.
Thanks to the President’s leadership and through the historic resources in the American Rescue Plan and Bipartisan Safer Communities Act, HHS has increased funding for mobile crisis teams and training for first responders and law enforcement to respond appropriately and safely to people with mental health challenges. DOJ has funded the creation and delivery of de-escalation training.
The Bipartisan Safer Communities Act secured $750 million to support crisis interventions.
Keeping Dangerous Guns Out of Our Communities and Guns Out of Dangerous Hands
President Biden and his Administration have taken more executive action to reduce gun crime than any other President. For example:
After hearing from law enforcement that they were increasingly finding “ghost guns” at crime scenes, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a final rule to rein in the proliferation of these unserialized firearms.
The Justice Department launched five new law enforcement strike forces focused on addressing significant firearms trafficking corridors that have diverted guns to New York, Chicago, Los Angeles, the Bay Area, and Washington, D.C.
In addition, President Biden secured confirmation of Steve Dettelbach to be Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – after this critical law enforcement agency lacked confirmed leadership since 2015. Under Director Dettelbach’s leadership, ATF is driving data-driven prioritization to focus on the gun dealers most closely connected to gun violence and have revoked the licenses of those that have endangered public safety by willfully violating the law ATF is also partnering with state and local officials to establish joint Crime Gun Intelligence Centers to bring gun trafficking and violent crime prosecutions.
In 2022, the President signed the Bipartisan Safer Communities Act—the most significant gun violence prevention legislation in nearly 30 years. That law includes:
The first ever federal gun trafficking and straw purchasing law, which has allowed the Department of Justice to charge more than 300 defendants.
Broadening the definition of who must become a licensed dealer and run background checks before selling guns.
Enhanced background checks for gun purchasers under the age of 21, which has already helped stop the transfer of firearms to prohibited persons under 21 more than 600 times.
In 2023, the President established the first-ever White House Office of Gun Violence Prevention to accelerate his work to reduce gun crime and other forms of gun violence.
Congress Needs to Act. The President also continues to urge Congress to take commonsense actions to prevent and combat crime and advance public safety. Congress should enact universal background checks, require safe storage of firearms, and ban assault weapons and high-capacity magazines. It should pass the George Floyd Justice in Policing Act to advance accountability, transparency, and public trust in law enforcement. Building public trust advances public safety. And it should pass the Violent Incident Clearance and Technological Investigations Methods (VICTIM) Act to help communities solve murders and violent gun crimes as well as support victims.
Despite the progress we have made, we can and must do more to reduce crime and save lives. President Biden will continue to call on Republican elected officials in Congress to support these lifesaving law enforcement actions rather than standing in the way.
Parents of mass-shooter Ethan Crumbley, the teenager who in 2021 opened fire at his high school in Oxford, Michigan, murdering four classmates and wounding others,are on trial themselves for negligent homicide. They not only bought their 15 year old the gun and ammunition, but left it around for him and ignored clear signs of his desire to commit the heinous crime (he drew a picture of the gun and scrawled “Help Me”). Then, when he brought the gun to school, even though they were sitting with the guidance counselor and administrators that very morning, they never bothered to mention he had access to a gun. In fact, he had the gun with him, and proceeded to massacre his classmates. Because he could. He has since been sentenced to life in prison.
Too many are massacred – especially in schools – because of such cavalier attitude to guns, in fact, complete irresponsibility of parents and guardians
A six-year old nearly killed his teacher.
A 3-year-old boy found a gun in his mother’s purse and accidentally shot his 2-year-old brother, fatally wounding him.
Children have grown up without their mother, murdered in her home by two boys who were suspended from school and spent their time robbing homes; in one, they took the gun they used to murder her so she wouldn’t be able to identify them.
It’s time people were held accountable for storing their firearms safely, so can’t be taken by a child or a burglar.
Isn’t that the argument that gun-holders claim in rejecting sensible gun violence prevention laws? That they are “responsible”?
The White House has recently issued new actions to promote safe-storage of firearms. – Karen Rubin/news-photos-features.com
The Biden-Harris Administration is announcing new executive actions to help promote safe storage of firearms that implement President Biden’s Executive Order on promoting safe gun storage in order to reduce gun violence and make our communities safer.
Gun violence is the leading cause of death of children in America. That is why the Biden-Harris Administration is taking comprehensive action to prevent gun violence affecting children. Approximately 4.6 million children live in homes with unsecured firearms. Studies show that safe storage can dramatically reduce children’s risk of self-inflicted harm and unintentional shootings.
Safe storage of firearms can physically prevent youth from accessing firearms, helping to keep youth, schools, and communities safe from gun violence. Unsecured guns are also closely associated with school shootings, youth suicide, unintentional shootings, and theft of firearms.
76 percent of school shootings are committed with guns from the home. The Department of Homeland Security’s National Threat Assessment Center reviewed targeted school violence over the past 40 years and found that three-quarters of school shooters acquired their firearm from the home of a parent or close relative.
80 percent of firearm suicides by children (age 18 or younger) involved a gun belonging to a family member. The firearm suicide rate among children and teens has increased by 66 percent over the past decade.
76 percent of unintentional shootings of children were committed with unsecured guns from the home, most often stored in nightstands or other sleeping areas. From 2003 to 2021, 1,262 children (0-17 years) were killed by fatal unintentional firearm injury, with approximately half caused by another person.
Over 1 million stolen firearms. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) reported that from 2017 to 2021, local law enforcement reported 770,642 private theft incidents involving 1,026,538 firearms. A rising trend has been firearms stolen from unattended motor vehicles.
New Actions to Reduce Gun Violence and Save Lives
Local leaders, like school officials, community and faith leaders, and law enforcement can be trusted, credible messengers when it comes to providing guidance on gun violence prevention and safe firearm storage options. Today, the Biden-Harris Administration is announcing three actions to help further promote safe storage and protect children:
The U.S. Department of Education will take new action on safe firearm storage by sending a letter to school principals across the country explaining the importance of safe storage and encouraging them to communicate with parents, families, caregivers, and the broader community about how safe storage can protect students in school and in their communities.
The U.S. Department of Education will also issue a new communication template that principals and school leaders can use to engage with parents and families about the importance of safe firearm storage, and encourage more people to take preventive action by safely storing firearms.
The U.S. Department of Justice (DOJ) will release a guide to safe storage of firearms in order to provide subject matter expertise on different types of storage devices and best practices for safely storing firearms. This is the most comprehensive guide on safe storage ever released by the federal government.
To highlight these new actions, First Lady Jill Biden, White House Office of Gun Violence Prevention Director Stefanie Feldman and U.S. Education Secretary Miguel Cardona will join a town hall with school principals at the White House. The town hall will elevate the importance of safe firearms storage and emphasize the role that principals and education leaders can play in helping prevent gun violence. A livestream of the town hall is available here: School Principals Town Hall with the Office of Gun Violence Prevention & the Department of Education – YouTube
Building on a Record of Action to Promote Safe Storage of Firearms
These new actions build on the Biden-Harris Administration’s commitment to promoting safe storage of firearms, including:
The Administration’s launch of an unprecedented focus on lethal means safety in the White House strategy to reduce military and veteran suicide, with the Department of Veterans Affairs (VA) also launching the first of its kind paid media campaign, KeepItSecure.net, to highlight the importance of firearm safe storage in preventing veteran suicide. The Department of Defense (DoD) also released new evidence-informed communication tools, including a public service announcement, to encourage safe storage among military service members and their families.
The issuing of a new ATF final rule clarifying firearms dealers’ statutory obligations to make available for purchase gun storage or safety devices compatible with the dealer’s firearm inventory.
The publishing by ATF of an open letter to all federal firearms licensees on their legal obligations if they choose to provide temporary storage options on their premise.
The DOJ announcement of new grant funds available through its STOP School Violence Program for schools to promote awareness of safe storage. The DOJ’s Byrne State Crisis Intervention Program made grant funds available for law enforcement to acquire gun locks and storage devices that can be distributed to individuals and businesses.
The release of a statement by the Assistant Secretary of the Substance Abuse and Mental Health Administration bringing attention to lethal means safety, and particularly safe storage of firearms, as a critical component of comprehensive suicide prevention efforts.
The publishing of a Vital Signs Report on Firearm Safety by the Centers for Disease Control (CDC) highlighting the growing disparities in firearm violence, including firearm-related suicide and emphasized the importance of lethal mean safety. CDC also published a Morbidity and Mortality Weekly Report examining unintentional injury among children and teens that emphasized the role of unsecured firearms and how safe storage can prevent harm.
The Biden-Harris Administration will continue to take action to promote safe storage and calls on Congress to assist these efforts by passing a national safe storage law to create accountability for those who leave firearms unsecured. In addition, the Administration is working with state and local leaders on safe storage efforts.
In December, Vice President Harris, the Office of Gun Violence Prevention and the Office of Intergovernmental Affairs convened 100 state legislators to announce the Biden-Harris Administration’s Safer States Initiative to reduce gun violence and save lives. The Administration urged states to enact and implement strong laws requiring firearms owners to safely store their firearms in their homes and vehicles. The laws should impose a clear standard to penalize those who do not safely store their weapons and whose weapons end up being used for violence.
States were also encouraged to invest in efforts that raise awareness of the range of safe storage options available to keep guns out of the hands of children and unauthorized individuals, and fund individuals’ access to effective storage options through tax incentives and other programs.
In addition, the Department of Justice published model safe storage legislation to help states craft appropriate requirements for securing firearms kept in residences and vehicles and to ensure that those firearms do not fall into the hands of children, teens, and prohibited persons.
While safe gun storage is an important factor in curtailing death and injuries among children, the Biden-Harris Administration, through the American Rescue Plan, the Bipartisan Safer Communities Act, and other grant programs, has also provided unprecedented funding to establish safe, healthy, and supportive learning opportunities and environments; to increase access to school-based mental health services; and to strengthen the pipeline of mental health professionals in high-need communities. These historic investments provide greater access to the services and supports that help keep students safe and healthy. These investments help advance the President’s Mental Health Strategy, which directly implements his Unity Agenda for the nation by helping to tackle the mental health crisis.
The Biden Administration, in its effort to stem the gun violence epidemic, has launched the Safer States Initiative and introduced new executive actions to reduce Gun Violence. (You can bet a Republican administration would reverse any initiatives.) This fact sheet is from the White House:– Karen Rubin/news-photos-features.com
In September 2023, President Biden established the first-ever White House Office of Gun Violence Prevention, overseen by Vice President Kamala Harris. President Biden tasked the office with four key responsibilities, including enhancing the federal government’s partnerships with cities and states to help them advance their own efforts to reduce gun violence.
Vice President Harris has launched the Biden-Harris Administration’s Safer States Initiative to provide states with additional tools and the support they need to reduce gun violence and save lives. To kick off the initiative, the White House released the Biden-Harris Safer States Agenda, outlining key actions states should take, including:
Establishing a State Office of Gun Violence Prevention;
Investing in evidence-informed solutions to prevent and respond to gun violence, including community violence interventions, Crime Gun Intelligence Centers, and implementation of Extreme Risk Protection Orders;
Strengthening support for survivors and victims of gun violence;
Reinforcing responsible gun ownership, including by requiring safe storage of firearms and reporting of lost and stolen firearms;
Strengthening gun background checks, including by enacting universal background checks legislation and removing barriers to completing enhanced background checks; and
Holding the gun industry accountable, including by banning assault weapons and high-capacity magazines and enacting firearm-specific liability laws to ensure that victims of gun violence have their day in court.
To help states advance this agenda, the Justice Department announced two new executive actions to reduce gun violence.
Safe Storage Model Legislation. Safe storage saves lives. It is one tool in the toolkit to reduce school shootings, because we know that most often those students who carry out K-12 school shootings are using firearms they obtain from the home of a friend or family member. It is also a critical strategy to reduce suicide by firearms, accidental shootings, and the theft of firearms. The Department of Justice’s model legislation details how states can require the safe storage of firearms, including in vehicles, and hold individuals liable for harm caused by unsecured firearms.
Lost and Stolen Firearms Reporting Model Legislation. Reporting of lost and stolen firearms allows law enforcement to investigate and prosecute firearms trafficking. The Department of Justice’s model legislation provides states with a framework for requiring that a person promptly report the loss or theft to law enforcement.
In the months ahead, the White House Office of Gun Violence Prevention will continue to proactively work with states to make sure they have additional resources and support needed to advance these agenda items.
Model Policy Outlines Trauma-Informed and Survivor-Centered Best Practices and Procedures for Police Officers and Supervisors That Promote Safety of Victims and Officers, Connect Individuals to Services and Support, and Preserve Evidence of a Crime
Governor Hochul Secures $1 Million Investment to Further Expand the Use of New York State’s Red Flag Law in Situations of Intimate Partner and Gender-Based Violence
Governor Hochul Signs Domestic Violence Prevention Legislation at Meeting with Survivors in Albany
New York State Governor Kathy Hochul announced new state guidance for police departments and sheriffs’ offices when responding to domestic incidents. The state’s Law Enforcement Domestic Incident Model Policy outlines trauma-informed and survivor-centered best practices and procedures for police officers and supervisors to follow, with the goal of promoting safety for victims and officers, connecting individuals to services and support, and preserve evidence of a crime, among other topics. The Governor has secured $1 million to further expand the use of the state’s Red Flag Law in situations of intimate partner and gender-based violence by providing training and technical assistance to community-based organizations so they can facilitate the filing of these potentially life-saving orders. Governor Hochul also signed S.5935/A.5040 and S.5915/A.5347, two new laws related to domestic violence prevention, during a roundtable discussion with survivors in Albany.
“I’m committed to leading an administration that treats survivors with dignity and respect,” Governor Hochul said. “This is personal to me: my mother was a lifelong advocate for victims of domestic abuse, and our family founded a transitional home for survivors in Western New York. These actions build on my administration’s ongoing commitment to help survivors and provide them with the resources, support and information they need to recover and rebuild.”
State Office for the Prevention of Domestic Violence (OPDV) Executive Director Kelli Owens and Safe Horizon Chief Executive Officer Liz Roberts joined Governor Hochul for the roundtable discussion, information from which will inform her administration’s future policies to address domestic and gender-based violence. The goal is to build on the Governor’s establishment of a new flexible funding stream for survivor resources in the FY24 Budget, which also included $5 million in local assistance funding for OPDV to provide direct financial assistance to victims and survivors of domestic violence. October is marked in New York State and the nation as Domestic Violence Awareness Month.
Governor Hochul dramatically expanded use of the state’s Red Flag Law in the aftermath of the 2022 racially motivate murders at the Tops supermarket in Buffalo. Also known as the Extreme Risk Protection Order (ERPO) Law, the law is designed to prevent individuals who show signs of being a threat to themselves or others from purchasing or possessing any kind of firearm, while providing procedural safeguards to ensure that no firearm is removed without due process.
This new, $1 million investment will fund training and technical assistance for community-based organizations so they can help potential ERPO petitioners – family members, school officials, and health and mental health care providers, among others – identify extreme risk behavior and navigate the court process to further increase the use of this critical public safety law. The state Division of Criminal Justice Services (DCJS) and OPDV will work with the state’s 10 Domestic Violence Regional Councils to implement this initiative.
The new Law Enforcement Domestic Incident Model Policy addresses significant shifts in law enforcement policy and practice that have occurred since the state first issued guidance in 2010, as well as an increased understanding of the effects of trauma, the need to assess for lethality factors when responding to these incidents, and the importance of putting victims and survivors at the center of any response and holding individuals who harm accountable for their behavior. The State’s Municipal Police Training Council, to which DCJS provides staff support, adopted the policy after working with subject matter experts in policing, domestic violence prevention and response, and law enforcement training.
“Domestic incidents are among the most common and serious calls agencies receive,” New York State Division of Criminal Justice Services Commissioner Rossana Rosado said. “This comprehensive model policy is designed to provide responding officers with the information, tools, and resources they need to effectively handle these cases. I thank the members of the Municipal Police Training Council and my team at DCJS for their work and commitment to improving policing and how the criminal justice system responds to victims and survivors.”
New York State Office for Victim Services Director Elizabeth Cronin said,“It takes an incredible amount of courage for someone in an abusive relationship to seek help from the police. Once they take that step, even making that call can cause a dangerous situation to escalate, so it’s critically important that police officers have the best information, training, and skills when they respond. I thank Municipal Police Training Council members for their leadership and urge all police agencies take advantage of this important guidance.”
In addition to announcing the availability of this critical guidance for law enforcement and funding to expand the use of the state’s Red Flag Law, Governor Hochul signed legislation S.5935/A.5040 enacting the “Hope Card Act” that directs the state Office of Court Administration to develop a program to issue cards containing information of a final order of protection at no cost to individuals. This will empower and enable survivors to enforce their orders of protection without carrying, and risk losing, their official copies. New York is the sixth state to implement a Hope Card program.
The Governor also signed legislation S.5915/A.5347 requiring the State Office for the Prevention of Domestic Violence to distribute informational materials on economic abuse. According to the National Coalition Against Domestic Violence, more than 90 percent of survivors of domestic violence have suffered economic abuse, but many people do not see themselves as being in an abusive relationship if they are not being physically harmed. Informational materials for victims and survivors of domestic- and gender-based violence will include connections to housing resources, local social service offices, and more to help individuals attain safety and stability.
“Economic abuse – like so many forms of domestic violence – is overlooked, underreported, and sometimes difficult to recognize,” State Senator Kristen Gonzalez said. “By requiring the Office of the Prevention of Domestic Violence to distribute informational materials on a form of domestic violence that is near ubiquitous in abusive relationships, this bill will empower survivors of economic abuse to recognize economic abuse in its many forms and give them the tools they need to find help. We thank the Governor for signing this bill into law, and for promoting more trauma-informed responses to domestic violence.”
Assemblymember Linda B. Rosenthal said,”Economic abuse is an invisible form of domestic violence, making it increasingly important that we shine a light on this dangerous practice. Despite being lesser known, economic abuse is extremely common, impacting more than 90% of domestic violence survivors. When a person is trying to leave a dangerous situation, the last thing they should have to worry about is how they will afford to rebuild their life or if their credit has been destroyed by their abuser. I thank Governor Hochul for signing my legislation to make informational materials available to survivors statewide so that they can recognize economic abuse and know where to turn for help.”
The Model Policy addresses changes in law enforcement practice, updates to state law, including the Red Flag Law, and ways for the law enforcement response to be more survivor centered, including:
Assessing potential lethality to a victim by asking questions about their partner’s access to guns or threats to harm themselves or others, prior incidents of strangulation, harm experienced during pregnancy, jealously and escalating violence. If an individual answers yes to these questions, the guidance provides officers with detailed information about the next steps they should take, including immediately connecting the victim with safety planning by calling a state or local domestic violence hotline or arranging for an advocate to arrive on scene; obtaining evidence from all possible sources, such as phone records, video, and license plate readers, not solely the victim; and consult with prosecutors prior to arraignment if an individual has been charged in connection with the incident.
Determining if it is necessary to obtain an ERPO to remove any firearms from the home if the alleged abuser poses a danger to the victim, themselves, or others. The Municipal Police Training Council also has an Extreme Risk Protective Order Model Policy and DCJS has provided training on the topic to assist law enforcement professionals with this assessment and their responsibilities under the law.
Using the individual’s own words when documenting the incident, rather than drawing conclusions: “I can’t sign this or he’ll kill me,” instead of characterizing the statement, such as “victim refused to cooperate.” Police officers must complete a New York State Domestic Incident Report, whether or not an offense occurred, or an arrest is made.
Notifying individuals about the availability critical civil legal services so they can obtain orders of protection, and assistance with custody and housing, among other legal matters resulting from their victimization.
Understanding how the effects of trauma and coercive control may result in victims and survivors of domestic violence being hesitant to say what happened, list events in illogical order, and fear authority figures or that police involvement may subject them to future harm.
Using body-worn cameras, which may affect a victim’s willingness to provide information. If a victim requests an officer stop recording, that request should be documented on camera before the recording is deactivated.
Police departments and sheriffs’ offices are not required to adopt the Law Enforcement Domestic Incident Model Policy: It is designed so each agency can develop their own policies and procedures to best serve the unique needs of their community. Development of model policies is a core function of the Municipal Police Training Council, which also establishes requirements for statutorily mandated police and peace officer basic training in New York State, and police and peace officer instructor certifications, among other responsibilities.
New York State’s Domestic and Sexual Violence Hotline provides free, confidential support 24/7 and is available in most languages: 800-942-6906 (call), 844-997-2121 (text) or @opdv.ny.gov (chat). Individuals also can visit OVS Resource Connect to find a victim assistance program in their community. The Office of Victim Services funds and supports 239 victim assistance programs across the state that provide essential services, such as crisis counseling, support groups, case management, emergency shelter, civil legal help, and relocation assistance, among other assistance, to victims and survivors of domestic violence, sexual assault and other crimes, and their families. The agency also provides a critical financial safety net for individuals who have no other resources to pay for expenses they incurred because of the crime.
The New York State Division of Criminal Justice Services is a multifunction criminal justice support agency with a variety of responsibilities, including law enforcement training; collection and analysis of statewide crime data; maintenance of criminal history information and fingerprint files; administrative oversight of the state’s DNA databank, in partnership with the New York State Police; funding and oversight of probation and community correction programs; administration of federal and state criminal justice funds; support of criminal justice-related agencies across the state; and administration of the State’s Sex Offender Registry. Follow the agency on Facebook, Instagram and X (formerly Twitter).
Safe Horizon is the nation’s largest nonprofit victim assistance organization. Based entirely in New York City, Safe Horizon offers a client-centered, trauma-informed, anti-racist response to 250,000 New Yorkers each year who have experienced violence or abuse.
This roundup of Biden-Harris administrations actions to support community safety, prevent gun violence and other violent crime has been provided by the White House:
The Biden-Harris Administration has taken new action to support community safety, reduce violent crime, and prevent gun violence in communities across the country with the announcement of $4.4 billion of Department of Justice grants. These new grants will invest in community violence intervention and prevention efforts, improve services for victims of gun violence, and support law enforcement as they work to reduce crime – and they build on President Biden’s historic efforts to reduce gun violence in our country.
White House Press Secretary Karine Jean-Pierre: “Over the past few days we have seen the traumatizing impact of the gun violence epidemic in our country. At Morgan State University in Baltimore, where a joyful Homecoming week was interrupted by violence. In Holyoke, where several people were shot at including a pregnant woman who tragically lost the child she was carrying hours later in the hospital. And in Philadelphia, where three police officers were shot while doing their jobs last night.
Americans should be able to go to their schools, places of worship, jobs, and out in their community without the fear of gun violence.
Last week, the Department of Justice announced that they are awarding more than $4.4 billion in grants to support state, local, and Tribal community safety efforts that reach every corner of the country. This historic investment in community safety is a major stride toward preventing violence in our communities.
Among some examples of where this critical funding will be going toward are: number one, first, community violence prevention efforts, including in new investments in states including North Carolina, Colorado, and Ohio; efforts to support victims of gun violence in all fifty states; investments in crime reduction strategies and support for law enforcement; crucial resources to keep our kids safe in and out of school; and much more.
This is just the latest action from the Biden-Harris Administration to keep communities safe.
And it builds on the historic action President Biden has taken to reduce gun violence and gun crime: including signing into law the Bipartisan Safer Communities Act, announcing dozens of executive actions, and last month, launching the first-ever White House Office of Gun Violence Prevention.”
The Justice Department announced today that it is awarding more than $4.4 billion to support state, local, and Tribal public safety and community justice activities. The grants, from the Department’s Office of Justice Programs (OJP), will help build community capacity to curb violence, serve victims and youth, and achieve fair outcomes through evidence-based criminal and juvenile justice strategies.
“Everyone in this country deserves to be safe in their communities,” said Attorney General Merrick B. Garland. “That is why, in addition to continuing our efforts to identify and prosecute the most violent criminals, the Justice Department is putting every available resource to work to support the efforts of our law enforcement and community partners nationwide. This significant investment will go directly to state and local programs that support the victims of crime, support officer safety and wellness, build the public trust in law enforcement essential to public safety, and help make all of our communities safer.”
The more than 3,700 OJP grants being awarded this fiscal year will support state, local, and community-based efforts and evidence-based interventions that reduce violence, crime, and recidivism while delivering treatment and services to those at-risk of justice system involvement. Funding will expand partnerships between criminal justice professionals and behavioral health experts, help people safely and successfully transition from confinement back to their communities, reach crime victims in underserved areas, steer young people away from justice system contact, improve the management of sex offenders, and support a wide range of research and statistical activities that will help justice system professionals meet community safety challenges.
“Across the country, the Justice Department is working side-by-side with our partners in state and local law enforcement to combat violent crime by using our federal resources to amplify their work on the front lines,” said Deputy Attorney General Lisa O. Monaco. “The billions of dollars in grants announced today will augment those efforts and the tools law enforcement is using to curb violence, counter deadly drug abuse, and promote safety and public trust. Together with our state and local partners, the Department will continue to do everything we can to protect the communities we all serve.”
“The Department of Justice is investing in community-based approaches to violence prevention, law enforcement health and wellness, Tribal courts, improved services for victims, research and data collection efforts, reentry programs, and much more,” said Associate Attorney General Vanita Gupta. “The grants announced today further our commitment to working with our state, Tribal, and local partners to increase public safety, build police-community trust, and ensure safe, healthy, and just communities for all.”
“Every sector of our society — not only the justice system, but nonprofit and faith-based groups, local leaders, and advocates, and people with lived experience who serve as credible messengers — plays a critical role in ensuring public safety and public health,” said OJP Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to make these substantial investments in building community infrastructure and supporting communities as co-producers of safety and justice.”
Grants will support five major community safety and justice priorities:
Awards totaling more than $1 billion will promote safety and strengthen trust, helping communities tackle the proliferation of gun violence in America and restore bonds of trust between community residents and the justice system. Grants will support innovative and evidence-based strategies designed to prevent and reduce violent crime, support the health and safety of law enforcement and public safety professionals, promote rehabilitation and reentry success, and address the rise in hate crimes across the country.
More than $437 million in grant awards will accelerate justice system reforms designed to achieve equal justice and fair treatment for all. Grants will expand access to services among historically underserved and marginalized communities, reduce counterproductive involvement in the justice system, increase opportunities for diversion, and build pathways to treatment for people with substance use and mental health disorders.
Over $192 million will improve the fairness and effectiveness of the juvenile justice system by supporting developmentally appropriate and culturally responsive interventions for youth. Funding will ensure that young people are served at home in their communities whenever possible, are equipped to transition to a healthy adulthood free of crime, and are protected from violence and abuse.
More than $1.7 billion will expand access to victim services by investing in programs that provide trauma-informed and culturally responsive services to victims. Funding will support thousands of local victim assistance programs across the country and victim compensation programs in every state and U.S. territory, while helping these programs build their capacity to reach those disproportionately affected by crime and victimization.
Over $418 million in awards will advance science and innovation to strengthen the base of knowledge that policymakers and practitioners can use to design and deploy effective community safety strategies. Awards will support research and data collection on a wide range of public safety issues, help maintain timely and accurate criminal history records, and improve the capacity of crime labs and forensic analysts to solve crimes, absolve the innocent, and deliver justice to victims.
In addition, OJP will award more than $611 million to continue its support of other previously funded programs and congressionally directed spending. More information about the awards announced today can be found by visiting www.ojp.gov/funding/fy23awards
