Tag Archives: background checks

President Biden’s executive order to reduce gun violence directs the Attorney General to move the U.S. as close to universal background checks as possible without additional legislation by clarifying, as appropriate, the statutory definition of who is “engaged in the business” of dealing in firearms, as updated by the Bipartisan Safer Communities Act. This move would mean fewer guns will be sold without background checks, and therefore fewer guns will end up in the hands of felons and domestic abusers. The President is also directing the Attorney General to develop and implement a plan to prevent former federally licensed firearms dealers, whose licenses have been revoked or surrendered, from continuing to engage in the business of dealing in firearms. © Karen Rubin/news-photos-features.com

Today, in Monterey Park, California, President Biden announced an Executive Order with the goal of increasing the number of background checks conducted before firearm sales, moving the U.S. as close to universal background checks as possible without additional legislation. The Executive Order will also keep more guns out of dangerous hands by increasing the effective use of “red flag” laws, strengthen efforts to hold the gun industry accountable, and accelerate law enforcement efforts to identify and apprehend the shooters menacing our communities. President Biden is also encouraging the Federal Trade Commission to issue a public report analyzing how gun manufacturers market firearms to minors.

President Biden traveled to Monterey Park to grieve with the families and community impacted by the mass shooting that claimed 11 lives and injured nine others in January. Monterey Park is part of a growing list of communities all across the country that are forever changed due to gun violence—not only mass shootings, but also daily acts of gun violence that may not make national headlines.

Last year, President Biden signed into the law the Bipartisan Safer Communities Act, the most significant gun violence reduction legislation enacted in nearly 30 years. When celebrating the Act’s passage, he called on Congress to seize the bipartisan momentum and advance additional commonsense steps to reduce gun violence. Again and again, he has called for Congress to act, including by banning assault weapons and high-capacity magazines, requiring background checks for all gun sales, requiring safe storage of firearms, closing the dating violence restraining order loophole, and repealing gun manufacturers’ immunity from liability.

As he continues to call on Congress to act, President Biden will do everything he can to reduce gun violence and save lives. That is why, over the past two years, President Biden has taken more executive action to reduce gun violence than any other president at this point in their presidency.

The President’s new Executive Order to reduce gun violence includes the following additional actions, all of which fall within existing executive authority and outside of the right protected by the Second Amendment:

Keeping guns out of dangerous hands

The Executive Order directs the President’s Cabinet to:

Increase the number of background checks by ensuring that all background checks required by law are conducted before firearm purchases, moving the U.S. as close to universal background checks as possible without additional legislation. A large majority of Americans support background checks and agree it’s common sense to check whether someone is a felon or domestic abuser before allowing them to buy a gun. The President will continue to call on Congress to pass universal background check legislation. In the meantime, he is directing the Attorney General to do everything he can to ensure that firearms sellers who do not realize they are required to run background checks under existing law, or who are willfully violating existing law, become compliant with background check requirements. Specifically, the President is directing the Attorney General to move the U.S. as close to universal background checks as possible without additional legislation by clarifying, as appropriate, the statutory definition of who is “engaged in the business” of dealing in firearms, as updated by the Bipartisan Safer Communities Act. This move would mean fewer guns will be sold without background checks, and therefore fewer guns will end up in the hands of felons and domestic abusers. The President is also directing the Attorney General to develop and implement a plan to prevent former federally licensed firearms dealers, whose licenses have been revoked or surrendered, from continuing to engage in the business of dealing in firearms.
Improve public awareness and increase appropriate use of extreme risk protection (“red flag”) orders and safe storage of firearms. 19 states and the District of Columbia have enacted red flag laws, allowing trusted community members to petition a court to determine whether an individual is dangerous, and then to temporarily remove an individual’s access to firearms. However, these laws are only effective if the public knows when and how to use red flag orders. President Biden is directing members of his Cabinet to encourage effective use of extreme risk protection orders, including by partnering with law enforcement, health care providers, educators, and other community leaders. In addition, President Biden is directing members of his Cabinet to expand existing federal campaigns and other efforts to promote safe storage of firearms.
Address the loss or theft of firearms during shipping. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) data indicates an over 250% increase in the number of firearms reported as lost or stolen during shipment between federally licensed firearms dealers, from roughly 1,700 in 2018 to more than 6,100 in 2022. President Biden is directing the Secretary of Transportation, in consultation with the Department of Justice, to work to reduce the loss or theft of firearms during shipment and to improve reporting of such losses or thefts, including by engaging with carriers and shippers.

Holding the gun industry accountable

The Executive Order directs the President’s Cabinet to:

Provide the public and policymakers with more information regarding federally licensed firearms dealers who are violating the law. Gun dealers violating federal law put us all at risk by increasing the likelihood that firearms will fall into dangerous hands. The President is directing the Attorney General to publicly release, to the fullest extent permissible by law, ATF records from the inspection of firearms dealers cited for violation of federal firearm laws. This information will empower the public and policymakers to better understand the problem, and then improve our laws to hold rogue gun dealers accountable.
Use the Department of Defense’s acquisition of firearms to further firearm and public safety practices. The Department of Defense buys a large number of firearms and other weapons to protect and serve our country. The President is directing the Secretary of Defense to develop and implement principles to further firearm and public safety practices through Department of Defense acquisition of firearms, consistent with applicable law.

President Biden is also encouraging the independent Federal Trade Commission (FTC) to issue a public report analyzing how gun manufacturers market firearms to minors and how such manufacturers market firearms to all civilians, including through the use of military imagery.

Additional steps to make our communities safer and support communities impacted by gun violence

The Executive Order will direct the President’s Cabinet to:

Help catch shooters by accelerating federal law enforcement’s reporting of ballistics data. The National Integrated Ballistics Information Network (NIBIN) allows federal, state, and local law enforcement to match fired cartridge casings to the guns from which they were fired, making it easier for law enforcement to connect multiple crime scenes and catch shooters. In order to maximize NIBIN’s effectiveness, federal, state, and local law enforcement all have an important role to play in ensuring timely submission of ballistics data to NIBIN. Today, the President is directing all federal law enforcement agencies to issue rigorous requirements regarding NIBIN data submission and use of this tool.
Accelerate and intensify implementation of the Bipartisan Safer Communities Act (BSCA). BSCA is the most significant gun safety legislative accomplishment in nearly 30 years, and the Biden-Harris Administration is treating it as such by making the most of every opportunity it provides to reduce gun violence. President Biden is directing each agency responsible for the law’s implementation to send a report to him, within 60 days, on progress toward full implementation of BSCA and additional steps they will take to maximize the benefits of the law, including by increasing public awareness and use of the resources made available by BSCA.
Improve federal support for gun violence survivors, victims and survivors’ families, first responders to gun violence, and communities affected by gun violence. When a hurricane overwhelms a community, the Federal Emergency Management Agency (FEMA) coordinates federal, state, local, and non-profit organizations in order to assess and meet community needs. However, when a mass shooting overwhelms a community, no coordinated U.S. government mechanism exists to meet short- and long-term needs, such as mental health care for grief and trauma, financial assistance (for example, when a family loses the sole breadwinner or when a small business is shut down due to a lengthy shooting investigation), and food (for example, when the Buffalo shooting closed down the only grocery store in the neighborhood). The President is directing members of his Cabinet to develop a proposal for how the federal government can better support communities after a mass shooting, and identify what additional resources or authorities the executive branch would need from Congress to implement this proposal.
Advance congressional efforts to prevent the proliferation of firearms undetectable by metal detectors. In recent years, we’ve seen the rise of technology that allows guns to be made with polymers and other materials that are increasingly capable of avoiding detection by metal detectors. President Biden is directing the Attorney General to help Congress modernize and make permanent the Undetectable Firearms Act of 1988, which is currently set to expire in December 2023.

New York State Governor Kathy Hochul, who had to rejigger 100-year old gun regulation law after the radical rightwing majority on the Supreme Court overturned the law, commented, “Too many families in this country have experienced loss due to gun violence. Too many communities, including my hometown of Buffalo, have been devastated by weapons of war. We have a moral obligation to act — and that’s why New York strengthened our nation-leading gun safety laws, expanding the use of red flag laws to prevent domestic abusers and other dangerous individuals from causing harm to themselves or others.

“President Biden’s new Executive Order brings New York’s approach to a national scale. The Executive Order strengthens rules around individuals with a “red flag” by requiring federally licensed gun dealers to check if an individual is a domestic abuser or convicted felon. It increases federal resources for proven crime-fighting tools, like the National Integrated Ballistics Information Network we are utilizing in Crime Analysis Centers across New York. This EO builds on the major success last year, when President Biden worked closely with Leader Schumer and bipartisan members of Congress to pass the first new gun safety legislation in a generation. This Executive Order is the significant next step our country needed.”

Donald Trump, Governor Andrew Cuomo, Gun Violence Prevention

NY, NJ, CT, RI Governors Form ‘States for Gun Safety’ Coalition to Combat Gun Violence Epidemic

February 22, 2018 krubin

New York, Connecticut, New Jersey and Rhode Island Enter into Agreement to Create Multi-State Database That Will Share Information on Firearms, Law Enforcement Efforts and Supplement Federal NICS Database

New Multi-State Coalition Will Trace and Intercept Firearms to Stop Flow of Out-of-State Guns

Nation’s First Regional Gun Violence Research Consortium Will Conduct Studies to Better Inform Policy Makers

During the 2016 Presidential campaign, Hillary Clinton and Congressman Steve Israel met with mothers who lost children to gun violence. Clinton proposed a specific agenda for sensible gun control. With Trump in the White House, Republicans in control of Congress, and the NRA stepping up its attacks making the prospect for federal help dim (Trump is cutting funding for background checks), New York, Connecticut, Rhode Island and New Jersey governors have formed a coalition to address gun violence at the regional level. © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

New York Governor Andrew M. Cuomo, Connecticut Governor Dan Malloy, New Jersey Governor Phil Murphy and Rhode Island Governor Gina Raimondo today announced the formation of the new “States for Gun Safety” coalition to combat gun violence. In the face of repeated federal inaction, the coalition will enter into a Memorandum of Understanding to better share information and tackle this devastating epidemic through a comprehensive, regional approach. The coalition will advance a multi-pronged effort that will create a multi-state database to supplement the federal National Instant Criminal Background Check System, trace and intercept guns that are used in crimes as well as guns transported across state borders and launch the nation’s first Regional Gun Violence Research Consortium that will study the issue across multiple disciplines to better inform policy makers nationwide.

“Here in New York, we’re proud to be home to the nation’s strongest gun safety law. However, the federal government’s continued inaction on this issue has not only allowed the epidemic of gun violence to spread, but it has actually prevented the laws like the SAFE Act from being fully effective,” Governor Cuomo said. “Rather than wait for the federal government to come to its senses and pass responsible gun safety legislation, New York is joining with New Jersey, Connecticut and Rhode Island to take matters into our own hands. Not only will this groundbreaking partnership take new steps to prevent illegal guns from crossing state lines, but by forming the nation’s first Regional Gun Violence Research Consortium, we will be able to better inform policymakers nationwide on how to keep their communities safe.”

“We refuse to allow federal inaction to enact commonsense, gun safety laws endanger the lives of our residents,” Governor Malloy said. “Despite the best efforts of powerful lobbyists from special interest groups, we will work together as a coalition of states to keep our communities safe. We cannot sit back and let guns get into the hands of those who shouldn’t have them, and we cannot simply watch almost daily tragedy occur. One thing remains clear: we would be better off if every state and the federal government enacted sensible gun safety rules. We will not wait for Washington to act – the time for action is now.”

“Gun violence is not a New Jersey problem, or a New York problem, or a problem for any particular state or region – it is a national problem,” Governor Murphy said.”However, we cannot wait for Congress to act. As states, we must work together to take the steps and enact the measures to protect our residents and our communities. But, even more importantly, a collective of states can take these steps together broaden the reach and impact of commonsense gun safety laws.”

“Rhode Island has some of the nation’s strongest gun laws, but our nation has some of the world’s weakest. Kids in Florida and across the nation are taking action, and it’s not a surprise: We’ve forced them to lead because for years elected officials in Washington have refused to,” Governor Raimondo said. “We will stand up with our students and with parents to strengthen our gun laws and combat gun violence.”

As part of the coalition, New York, Connecticut, New Jersey and Rhode Island will share information about individuals who are prohibited from purchasing or possessing a firearm within each state. By sharing this information, states can more effectively prevent certain individuals from purchasing a gun, obtaining a weapon and/or getting a gun permit. The agreement, in accordance with federal and state privacy protections, will provide state law enforcement agencies with details on the firearm purchase or permit denials for those who are disqualified. People may be disqualified from owning a firearm for several reasons, including an arrest warrant, order of protection, debilitating mental health condition, or criminal history.

Despite the passage of gun safety laws restricting the purchase and carry of firearms across the four states, the lack of federal regulations preventing individuals from purchasing guns in other states and transporting them across borders has undermined state legislation. To combat this practice, New York, Connecticut, New Jersey and Rhode Island will direct their law enforcement intelligence centers to work cooperatively to trace the use of out-of-state guns in crimes and share information in order to intercept criminals transporting illegal guns across state borders. The four state fusion centers that will jointly share information under this agreement are the New York State Intelligence Center, the Connecticut Intelligence Center, New Jersey Regional Operations Intelligence Center, and the Rhode Island State Fusion Center.

The four states will also designate institutions of higher education to partner and create the nation’s first Regional Gun Violence Research Consortium. The consortium will be comprised of dedicated public health, social welfare, public policy, and criminal justice experts who will share and examine data to better inform policymakers nationwide. This groundbreaking consortium will fill the void left by the federal government’s 1996 ban on the use of federal funds to study gun violence which has obstructed research efforts across the nation, including at the Centers for Disease Control and Prevention and the National Institutes of Health.

“We have to remember that the federal government has had a provision in place now for over 20 years that effective bars the Center for Disease Control and Prevention from studying gun violence. So it has devolved to the states, now for over 20 years and our thought is perhaps if we can do it in a coordinated way, the more of us at it, hopefully the better result and meaningfully propelling things like smart gun technology,” Governor Murphy of New Jersey said during a telephone press availability with al four governors.

“We can’t wait for the federal government to act. We have states with good intentions, with good laws, let’s take it to the next level. Let’s work across our borders. Let’s not just advocate for better laws in our own state, but advocate for better laws in our region. Let’s not just try to make our own borders as safe as possible. Let’s try to make our region as safe as possible.” We’ll reach out to other governors,” Governor Malloy of Connecticut said.

Building on these efforts, the states will also work to push the federal government to adopt common-sense gun safety measures. In order to protect families and communities across the region, the group will call on the federal government to swiftly enact universal background checks, an assault weapons ban and a federal waiting period between the purchase and delivery of guns.

The multi-state coalition builds on years of progress spearheaded by Governor Cuomo to combat gun violence in New York. Following the tragedy at Sandy Hook, Democrats and Republicans came together in New York to pass the nation’s strongest gun safety law in 2013. The New York Secure Ammunition and Firearms Enforcement Act of 2013, more commonly known as the NY SAFE Act, banned the sale of assault weapons and high capacity magazines and helps keep guns out of the hands of the dangerously mentally ill, all the while safeguarding the constitutional rights of law-abiding gun owners.

In addition to the SAFE Act, New York has continued to invest in the SNUG and GIVE initiatives which engage with community members to help get guns off the street. Under SNUG, specially trained individuals are employed to reduce violence from occurring when tensions arise within their community, while also connecting high-risk individuals with essential social and support services. The GIVE initiative provides funding to support technical assistance, training, equipment, and personnel – such as prosecutors and crime analysts – to help communities reduce gun violence and save lives. The funding for both initiatives is administered by the state Division of Criminal Justice Services.

Most recently, Governor Cuomo proposed new legislation as part of the 2018 State of the State which will remove all firearms from those who commit domestic violence crimes. Given the inextricable link between domestic violence and lethal gun violence, this legislation will require all firearms be removed from those convicted of domestic violence crimes, including misdemeanors. It will also add measures to keep firearms out of the hands of those who commit domestic violence with the goal of preventing additional tragedies.

“We’re not waiting for federal action,” said Governor Cuomo of New York, a former Attorney General who laid out an indictment against the Trump Administration and the Republican-controlled Congress over its measures that not only don’t mitigate against gun violence, but go backwards. “All of our states are already ahead of the federal government when it comes to laws on this issue. The Florida Parkland massacre, one would hope that it would spur responsible federal action but we’re not going to hold our breath and were not going to risk our children’s lives. Sandy hook happened, I remember speaking with Governor Malloy at the time, and since then 1600 people have died. After Sandy Hook was when New York passed the SAFE Act because people were so outraged and change comes when people demand change. After Sandy Hook, especially in this region of the country, people demanded change. Columbine 1999, since then there have been 200 school shootings, 25 mass school shootings, so no I’m not especially optimistic that the federal government will be a response.

“Let’s be honest, this a federal government has gone backward on the issue. President Trump has pledged allegiance to the NRA and he’s delivered for them. He defunded, in part, the NICS background check system, he stopped last February the Social Security Administration from providing information that the Obama administration put into place that would have given more information on mental health for the NICS system and the solution here is not rocket science. In many ways it’s harder because it takes political courage and this is not just about the NRA, this is a politically charged issue and I think we understate the opposition when we say it’s just the NRA. To be responsible on this issue you have to pay a political cost.

“Governors on the phone all understand that. I have the political scars from what we did and that’s why it really is a test of leadership and I think right now you have the high school students showing more leadership than the leaders in Washington. What they said on TV was it shouldn’t be a democratic or republican issue, it’s an issue in life and death and they’re right.

“Your Florida elected officials showed up at the town hall like Senator Marco Rubio, who I think should be ashamed of themselves because he had nothing responsible to say and rather than proposing baby steps, which is the worst type of political pandering, he should have at least been honest and say we have nothing meaningful to propose on this issue. At least that would have been honest.

“To say this is a mental health issue is a sham and a fraud because if you really believed it was a mental health issue, then you have to say, the way to combat mental health is we will have s universal background check system to make sure a person who is mentally ill cannot buy a gun. We’re going to have a NICS system that has a comprehensive mental health database that is in the federal NICS system. You will then have to have a federal reporting system where people could actually report people to police, people who they believe has a mental health problem. Teachers would have to be able to call police, family members would have to be able to call the police and say investigate this person because I think they are mentally ill and they shouldn’t have a gun and they still have to answer why you wouldn’t support an assault ban. 1934, this nation outlawed machine guns because the nation said the risk outweighs the reward. The damage that can be done with a machine gun outweighs the individual’s right to own it. That is an assault rifle today. It’s doable, it’s feasible, we did it in this country. It’s just that we’ve gone backwards,” Cuomo said during the press call.

“The answer is not to make the schools armed camps. That’s where they’re going to go in Washington. Why? Because that’s where the NRA wants them to go. Because it means selling more guns. And the NRA is in the business of selling guns. Arm every teacher. Oh that makes sense. The only thing it would do is bring more guns into a school, more money for gun manufacturers, which is what the NRA is really trying to say…

“Today, we take the next step in the evolution of state action. We are limited by our borders so we can put in laws but then our borders are porous. Governor Malloy spoke about the I-95 corridor. That guns literally come up the I-95 corridor. Share your databases and your information so if a person can’t buy a gun in New York, they don’t drive to Connecticut or New Jersey or Rhode Island and buy the gun. Come up with a coalition of state actions. And then share that information. And that’s what we’re going to be doing. We have a mental health database in New York that now exists that didn’t exist before the SAFE Act that has 77,000 people who are on the database who are mentally ill who could have bought a gun in this state the day before the SAFE Act. Share that information.

“On Governor Murphy’s point about research, I was HUD Secretary in the Clinton Administration. At that time, the manufacturers said they could manufacture a smart gun. They could manufacturer a gun where the trigger read a finger print. We’ve done absolutely nothing on the research and the technology because they haven’t been forced to do it.

“So do what you can and that’s what we’re doing. This is not a substitute for federal action. And we hope and we will push for federal action. I would like to see the national democrats put a real sensible gun control bill on the table so that people have a real choice and we have a real debate because this is not about baby steps, this is not about bump stocks and moving the age from 18-21. Those are just political crumbs to throw forward to end the political discomfort for some of the elected officials. Let’s do something real and let’s make a difference. This has been handled by countries across the globe. We can handle it if we want to. If we have the political courage and the political will to do it. It’s that simple. But it’s that difficult.”

__________________________________

© 2018 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures. ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin