For those who insist the 2nd Amendment is absolute and government has no authority to regulate guns, look to the preamble of the Constitution, the authority is written there: “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”
It’s a shonda that in face of 31,394 gun deaths and 506 mass shootings so far this year- that President Biden has felt the need to establish the first-ever Office of Gun Violence Prevention. Headed by Vice President Kamala Harris, it is aimed at providing aid and comfort to communities after yet another incident of gun violence, in the same way FEMA does after a disaster, recognizing the trauma and dislocation of communities after such events. The office will also see to fully implement the provisions of the Safer Communities Act – the first serious gun control legislation in nearly 30 years – enact the many gun-safety Executive Orders, and see where new measures need to be taken.
President Biden also vowed to see renewed legislation banning assault weapons and high-capacity magazines, and gave a long list of actions that Congress must take to end the scourge, the epidemic of gun violence that is uniquely “American.”
The new Office of Gun Violence Prevention will be overseen by Vice President Harris, who has been a been a key leader in the Biden-Harris Administration’s effort to end our nation’s gun violence epidemic. Stefanie Feldman, a longtime policy advisor to President Biden on gun violence prevention, will serve as Director of the Office of Gun Violence Prevention, alongside leading gun violence prevention advocates Greg Jackson and Rob Wilcox, who will join the Administration as Deputy Directors of the Office of Gun Violence Prevention.
“Every time I’ve met with families impacted by gun violence as they mourn their loved ones, and I’ve met with so many throughout the country, they all have the same message for their elected officials: ‘do something.’ It’s why, last year, I signed the Bipartisan Safer Communities Act to keep guns out of dangerous hands, and have taken more executive action than any President in history to keep communities safe. But as I’ve said before – while these are important steps, they are just the first steps toward what is needed,” President Biden said at a ceremony announcing the office.
“That’s why I’m announcing additional steps forward, with the first-ever White House Office of Gun Violence Prevention, overseen by Vice President Harris, to build upon these measures and keep Americans safe. The Office will include Stefanie Feldman, who has capably led my Administration’s gun violence prevention efforts and been a trusted aide for more than a decade, alongside leading experts Greg Jackson and Rob Wilcox whose own lives and families have been touched by the tragedy of gun violence. They have turned their pain into purpose and dedicated their careers to being advocates for change – that important work will continue as they join my team in these new roles.
“I’ll continue to urge Congress to take commonsense actions that the majority of Americans support like enacting universal background checks and banning assault weapons and high-capacity magazines. But in the absence of that sorely-needed action, the Office of Gun Violence Prevention along with the rest of my Administration will continue to do everything it can to combat the epidemic of gun violence that is tearing our families, our communities, and our country apart,” Biden said.
The Office of Gun Violence Prevention builds on historic actions taken by President Biden to end gun violence in our country: including signing the Bipartisan Safer Communities Act, the most significant legislative action in nearly 30 years aimed at doing so, and taking more meaningful executive action than any other president to make our schools, churches, grocery stores, and communities safer.
The Biden-Harris Administration has worked to implement the Bipartisan Safer Communities Act, the most significant gun violence prevention legislation in nearly 30 years. This legislation is already saving lives by keeping guns out of the hands of individuals under 21 who are prohibited from purchasing firearms, empowering the Justice Department with new authorities to prosecute firearms traffickers, improving access to mental health services in our schools to help young people deal with the trauma and grief resulting from gun violence, and investing in community violence interventions.
The Biden-Harris Administration has announced dozens of executive actions to: keep especially dangerous weapons and repeat shooters off our streets; hold rogue gun dealers and gun traffickers accountable; provide law enforcement with the tools and resources they need to reduce gun violence; and address the root causes of gun violence. Most recently, the Justice Department’s Bureau of Alcohol, Tobacco, Firearms, and Explosives – a critical leader in work to reduce gun violence – proposed a rule to reduce the number of guns sold without background checks and keep guns out of the hands of criminals.
President Biden continues to call on Congress to take additional action, including by:
Banning assault weapons and high-capacity magazines;
Requiring safe storage of firearms;
Requiring background checks for all gun sales;
Eliminating gun manufacturers’ immunity from liability; and
Enacting his Safer America Plan, which would put more police officers on our streets for accountable, community policing and invest in gun violence prevention and intervention.
“Every person and every child deserves the opportunity to fulfill their dreams and live up to their God-given potential. Every family, in every community, should have the freedom to live and to thrive,” Vice President Kamala Harris stated. “We know true freedom is not possible if people are not safe. This epidemic of gun violence requires urgent leadership to end the fear and trauma that Americans experience every day. The new Office of Gun Violence Prevention will play a critical role in implementing President Biden’s and my efforts to reduce violence to the fullest extent under the law, while also engaging and encouraging Congressional leaders, state and local leaders, and advocates to come together to build upon the meaningful progress that we have made to save lives. Our promise to the American people is this: we will not stop working to end the epidemic of gun violence in every community, because we do not have a moment, nor a life to spare.”
Amid yet another senseless shooting on college campus and racist-motivated murders at a Jacksonville, Florida grocery store, concern as students start another school year, and as the number of mass shootings continue to hit new records, with 120 people dying each day from gun violence, President Biden is taking life-saving action to reduce the number of guns sold without background checks and keep guns out of the hands of criminals.– Karen Rubin/news-photos-features.com
In March, President Biden signed an Executive Order directing the Attorney General to move as close to universal background checks as possible within existing law. Today, as a result of the Executive Order and the Bipartisan Safer Communities Act, the Department of Justice is taking life-saving action to reduce the number of guns sold without background checks and keep guns out of the hands of criminals.
Why the Biden-Harris Administration is Taking Action
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 felons, convicted domestic abusers, and other dangerous individuals. However, despite the law, individuals who should be licensed dealers have refused to obtain a license, skirting the background check requirement.
Last year, Congress passed and President Biden signed into law bipartisan legislation to help address this dangerous problem by modifying the definition of who has to become a federally licensed firearms dealer. Members of Congress—both Democrats and Republicans—made clear that they intended for the Bipartisan Safer Communities Act to better protect the American people from gun violence by clarifying when someone is supposed to become a licensed firearms dealer.
New Action to Keep Guns Out of Dangerous Hands
Today, the Justice Department has announced a proposed rule to specify what exactly the new definition in the Bipartisan Safer Communities Act means on the ground. If finalized, this proposed rule would mean the following for people who are not selling guns in order to make money: If you have a gun you no longer need, and you want to sell it to your family member, you do not need a license to sell it. If you buy and sell curios or relics or “collectible” personal firearms as a hobby, again, you do not need a license. But, if you are offering a firearm for sale to make money, and telling a customer that you can purchase and sell him additional firearms, you would presumptively need a license—and need to run background checks. The same is true if you repetitively offer for resale firearms within 30 days of when you purchased them. The proposed rule includes a number of other situations where, in civil and administrative proceedings and absent reliable evidence to the contrary, it will be presumed that you need a license.
Specifically, the proposed rule, if finalized, would clarify that an individual would be presumed to be “engaged in the business” of dealing in firearms—and therefore be required to become a licensed firearms dealer and run background checks—if they meet certain conditions. For example, under the proposed rule, a person would be presumed to be required to become a licensed dealer and run background checks if they meet one or more of the following criteria:
Offer for sale any number of firearms and also represents to potential buyers that they are willing and able to purchase and sell them additional firearms;
Repetitively offer for sale firearms within 30 days after they were purchased;
Repetitively offer for sale firearms that are like new in their original packaging;
Repetitively offer for sale multiple firearms of the same make and model; or
As a formerly federally-licensed firearms dealer, sell firearms that were in the business inventory and not transferred to a personal collection at least a year before the sale, addressing the so-called “fire sale loophole.”
The proposed rule would also clarify that, for civil or administrative actions, an individual would be presumed to have the intent to “predominantly earn a profit”—one of the elements of engaging in the business of dealing firearms—if the person engages in activities such as:
Creating a website or making business cards to advertise or market a firearms business;
Maintaining records to document and track profits and losses from firearms purchases or sales; or
Purchasing business insurance or renting space at a gun show.
The proposed rule would make clear that there is no “gun show loophole” or “internet loophole” in federal law. Dealers who engage in the business of selling guns are required to obtain a license and run background checks no matter where they engage in the business of buying and selling firearms. That include at gun shows and over the Internet.
The proposed rule is now open for public comment. The Department of Justice will consider the comments it receives in deciding on a final rule.
Continuing to Call on Congress to Act
This rule is a significant step toward reducing the percentage of firearms sold for profit without background checks. It builds on previous Biden-Harris Administration actions to save lives and combat the epidemic of gun violence.
However, to fully address this problem, Congress must act. The President continues to call on Congress to enact universal background checks legislation, as well as other commonsense legislation to ban assault weapons and high-capacity magazines, require safe storage of guns, and end immunity from liability for gun manufacturers. These are life-saving measures that the vast majority of Americans and gun owners support to protect our Country from the threat of gun violence.
“It is a false choice to suggest that we have to choose between either supporting the Second Amendment or passing reasonable gun safety laws – we can do both. All people in every community across our Nation have a right to be safe. This proposed regulation will help realize that goal and save lives,” Vice President Kamala Harris stated.
“But there is more to do. Congress must pass legislation to ban assault weapons and high-capacity magazines, require safe gun storage, end immunity from liability for gun manufacturers, and require background checks on all gun sales—even those by gun dealers who are not registered. The President and I will not stop fighting to end this Nation’s epidemic of gun violence.”
Taking stock of the horror of gun violence that has taken too many mothers, too many children, and broken too many families, President Biden on Mothers Day (and the one-year anniversary of the Buffalo massacre at Topps Grocery and the Uvalde school massacre two weeks later) announced 13 actions the Biden-Harris Administration is taking to implement the Bipartisan Safer Communities Act (the first gun control law to pass in 30 years) and maximize the benefits of the law, reducing gun violence and saving lives by keeping guns out of dangerous hands. – Karen Rubin/news-photos-features.com
President Joe Biden announced 13 actions he is implementing under the Bipartisan Safer Communities Act to reduce gun violence and save lives by keeping guns out of dangerous hands. These include:
Keeping guns out of dangerous hands
The White House, in partnership with DOJ, will convene state and local law enforcement leaders to solicit their collaboration on the Bipartisan Safer Communities Act (BSCA) implementation priorities, such as: 1) increasing state and local law enforcement agencies’ response rates to enhanced background check inquiries when someone under age 21 tries to purchase a gun; and 2) ensuring that arrest and adjudication records include additional documentation of dating relationships to keep more guns out of the hands of domestic abusers.
The White House, in partnership with DOJ, will convene state legislators and governors’ offices, urging them to enact laws allowing the federal background check system to access all records that could prohibit someone under age 21 from purchasing a firearm.
DOJ is working with state and territory governments and local law enforcement agencies to increase their response rates to the federal background check system inquiries when someone under age 21 tries to purchase a gun. DOJ has held 18 webinars to date, attended by more than 500 law enforcement agencies, and has nine more planned.
DOJ is training federal law enforcement and educating state and local law enforcement and prosecutors on the need for additional documentation of dating relationships in domestic abuse cases in order to implement BSCA’s provision that narrowed the “boyfriend loophole,” helping to keep guns out of the hands of domestic abusers.
Ensuring BSCA’s mental health funding helps those dealing with the grief and trauma resulting from gun violence
The Secretaries of HHS and ED will urge governors to use BSCA and Medicaid’s funding to help schools address the trauma and mental health challenges resulting from gun violence.
HHS will educate health and social service providers, community leaders, and other individuals on the effects that gun violence trauma can have on communities.
HHS will clarify how early childhood providers can use BSCA funding to address mental health and gun violence trauma.
HHS will highlight stories of how communities are effectively using BSCA’s mental health funding to help those impacted by gun violence, in order to encourage other communities to adopt those strategies and effectively use BSCA’s resources.
HHS will meet with trauma program grantees and select community members and providers to gather community-level data pertaining to the link between exposure to gun violence and trauma. Lessons learned will inform HHS’ future program development, and a report HHS will make available to other communities.
As part of the school-based services Technical Assistance Center established under BSCA, HHS and ED will jointly develop resources for states and schools regarding how schools can use Medicaid to fund school-based health services to help students dealing with the physical and emotional impacts of gun violence.
Making schools safer
The Department of Homeland Security (DHS) will launch a dedicated public campaign to bring greater awareness to SchoolSafety.gov and its available resources and evidence-based practices. The campaign will be geared towards K-12 leaders, school administrators, teachers, school personnel, and parents and legal guardians.
ED has taken several steps to help states and school districts make effective use of BSCA’s $1 billion Stronger Connections Grant Program to improve school safety. For example, ED hosted a four-part webinar series that highlighted evidence-based practices for supporting student safety and well-being and published extensive Frequently Asked Questions to help states and school districts understand how they can effectively use this funding to ensure all schools are safe and welcoming to all students.
Expanding community violence interventions
To help communities maximize the benefits of BSCA’s community violence intervention funding, DOJ hosted a five-part webinar series to help local leaders use evidence-informed strategies to reduce violence.
Highlights of Progress Made to Implement BSCA
Keeping guns out of dangerous hands
DOJ has invested resources to investigate and prosecute violations of BSCA’s new provisions related to firearms trafficking and straw purchasing (purchasing a firearm for another person who is prohibited from buying the gun). DOJ is coordinating with non-DOJ federal law enforcement agencies to identify criminal investigations eligible for application of these criminal authorities. As a result, DOJ has already charged more than 60 defendants for violating these provisions and seized hundreds of firearms in connection with those cases. For example:
In part due to BSCA’s revised definition of who is “engaged in the business” of dealing in firearms, DOJ’s prosecutions for unlicensed dealing increased 52% from FY 2021 to FY 2022. DOJ is on track to maintain this elevated level in FY 2023.
DOJ has implemented BSCA’s enhanced firearms background checks for individuals under the age of 21 in all 43 jurisdictions where the federal government processes background checks. Since November 2022, DOJ has conducted more than 89,000 of these checks and denied more than 160 firearms transactions solely because of BSCA. Out of the 13 states that process their own background checks, 10 states have fully implemented the enhanced background checks. DOJ is providing technical assistance in the remaining three states.
DOJ awarded over $230 million for state crisis intervention programs, including extreme risk protection orders (also known as red flag laws), to temporarily keep guns out of the hands of those who are a danger to themselves or others. This funding is supporting communities in 49 states, territories, and the District of Columbia.
The federal gun background check system (the National Instant Criminal Background Check System) implemented BSCA’s updated definition of misdemeanor crime of domestic violence, which now includes qualifying dating relationships to keep more guns out of the hands of domestic abusers.
DOJ has provided multiple trainings for federal prosecutors and federal law-enforcement agents on a number of BSCA’s provisions, including the updated definition of “engaged in the business,” the new straw purchasing and firearms trafficking provisions, and the expanded definition of misdemeanor crime of domestic violence to include abusive dating partners.
Improving school safety
DOJ awarded almost $60 million in BSCA grants to support school safety. This funding will help institute safety measures in and around schools, support school violence prevention efforts, provide training to school personnel and students, implement evidence-based threat assessments, and fund research and evaluation on the causes and consequences of school violence.
ED awarded states nearly $1 billion from BSCA’s Stronger Connections grant program to support schools in providing students with safer and healthier learning environments and support students’ social, emotional, physical, and mental well-being. Per BSCA, states are tasked with developing competitions for high-need school districts to apply for funding, which they may use for purposes such as expanding school-based mental health services, addressing the physical security of schools, providing safety and violence prevention programs, and creating and implementing emergency operating plans. States are in the process of awarding these grants now.
ED awarded BSCA’s $50 million in funding for out-of-school time programs to use to increase attendance and engagement of students in the middle and high school grades.
Improving access to mental health care
HHS has already awarded nearly $400 million in BSCA funding to increase mental health services in the community, expand school-based mental health services, expand and strengthen the mental health workforce, and improve mental health crisis services. For example:
HHS awarded $60 million to help better equip primary care residents to provide behavioral health care. This funding is anticipated to support approximately 3,500 residents over five years.
HHS awarded $18 million to 49 states, jurisdictions, and Tribes to provide technical assistance and enhance the pediatric mental health care workforce’s capacity to make early identification, diagnosis, treatment and referral of behavioral conditions a routine part of children’s health care services; particularly in pediatric, emergency services and schools.
HHS awarded $59.4 million in supplemental Community Mental Health Block Grant funding to states, helping to expand access to prevention, treatment, and crisis services.
HHS awarded $57.7 million in Mental Health Awareness Training grants to prepare and train school personnel, emergency first responders, law enforcement, and others to recognize the signs and symptoms of mental health challenges and enable early intervention.
HHS awarded $19.5 million to National Child Traumatic Stress Network to improve treatment and services for children, adolescents, and families who have experienced traumatic events.
HHS awarded $73.6 million for Project Advancing Wellness and Resiliency in Education (Project AWARE) to help develop and support school-based mental health programs and services. This program will promote the healthy social and emotional development of school-aged youth and prevent youth violence in school settings.
HHS awarded $20 million in Resiliency in Communities after Stress and Trauma grants to promote resilience and equity and prevent violence in communities that have recently faced civil unrest, community violence, and/or collective trauma.
With the help of BSCA, ED has awarded more than $280 million in funding to bolster the pipeline of mental health professionals serving in schools and expand school-based mental health services and supports in schools. Grantees project that these funds will put more than 14,000 new mental health professionals in U.S. schools – including school psychologists, counselors, and social workers.
Expanding community violence interventions
DOJ awarded $50 million in BSCA funding – combined with $50 million in bipartisan omnibus appropriations – through the federal government’s first-ever standalone community violence intervention grant program. Combined, this $100 million is helping 47 sites across 24 states and territories.
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.”
State Police Have Seized 662 Guns in 2022, Represents a 98 Percent Increase Compared with the Same Period in 2021
Ghost Gun Seizures Have Increased 38 Percent Compared with Same Period in 2021
State Police Have Conducted 346 Gun-Tracing Investigations in 2022, Resulting in 70 Investigative Leads Across 22 States
Exhaustive Efforts Coincide with First Drop in New York City Gun Violence in More than Two Years, Shooting Incidents Down 12 percent in New York City Compared with Last Year
Shooting Incidents Down Nearly 7 Percent in 20 Jurisdictions Participating in State Gun Involved Violence Elimination (GIVE) Initiative
Governor Hochul Continues to Work Closely with the Legislature on New Policy in Response to Supreme Court Concealed Carry Ruling; Extraordinary Session Set for Thursday
Hey you Christo Fascists on the Taliban Court and Republicans in the clutches of the NRA, pretending to run on an anti-crime platform to justify racist injustice! It appears gun control laws actually do save lives – that is, if the federal government weren’t barred by the NRA and gun lobby from collecting data, or allowing physicians, pediatricians to suggest parents store their weapons safely. New York State just released its own data on gun seizures, gun-tracing and gun-related crime that proves a state’s efforts and strategic investments to stem the gun violence epidemic actually work. Not that you actually care, even though you claim to be “pro-life.” Nonsense. Commonsense gun safety laws work (so does women’s reproductive freedom and access to safe health care) work. Here’s the fact sheet:
Governor Kathy Hochul unveiled new data on gun seizures, gun-tracing investigations, and gun-related crime that indicates New York State’s exhaustive efforts and strategic investments to combat the gun violence epidemic are beginning to show signs of progress. The data includes a substantial year-over-year increase in State Police gun and ghost gun seizures—both coinciding with the formation of the Interstate Task Force on Illegal Guns. The Governor also highlighted the first discernible drop in New York City gun crime in more than two years—with a 12 percent reduction in shooting incidents over the last year. Outside of New York City, 20 jurisdictions participating in the State’s Gun Involved Violence Elimination (GIVE) initiative have experienced a nearly seven percent drop in shooting incidents compared with last year.
“With substantial state investment in gun violence prevention programs and unprecedented collaboration between law enforcement agencies, we are beginning to see meaningful progress in our exhaustive efforts to eradicate gun violence from our communities,” Governor Hochul said. “We are aggressively ramping up our efforts to get deadly weapons—including ghost guns—off of our streets, and have developed hundreds of investigative leads spanning 22 states—work resulting in the first discernible reduction in gun violence in more than two years. While this is undeniable progress, our work is just getting started. In the wake of the reckless Supreme Court decision to strike down the ‘proper cause’ provision of New York’s concealed carry law, I am convening an extraordinary session of the legislature tomorrow, where we will enact new policy that carefully regulates access to concealed carry permits within the confines of the decision. My staff has been working with the legislature around-the-clock to get this done right. We will stop at nothing to protect New Yorkers.”
“I join with Governor Hochul in calling for common-sense legally sustainable gun laws that will keep New Yorkers safe,” said Lieutenant Governor Antonio Delgado. “The Interstate Task Force on Illegal Guns is making great progress but more work still needs to be done to ensure guns aren’t falling into the wrong hands, and with the meeting of the Legislature this week we hope to soon have sensible concealed carry laws in place to help protect New Yorkers on public transportation and in businesses.”
Governor Hochul outlined these key highlights during a press conference following a meeting of the Interstate Task Force on Illegal Guns at the New York State Intelligence Center in East Greenbush. The meeting included law enforcement representatives from Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Vermont, Quebec, as well as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the New York City Police Department. Key highlights include:
Between January and June, State Police seized 662 guns. That represents a 98 percent increase over the same period last year.
Non-NYC state gun seizures (State Police + other non-NYC jurisdictions) are up 94 percent compared with 2020 and 40 percent compared with 2021.
Year to date, State Police have conducted 346 gun-tracing investigations. From these cases, they have forwarded 70 investigative leads to 22 states. These cases are investigations of residents of those states being arrested in New York for illegally possessing and trafficking on firearms.
Ghost gun seizures have increased 1800 percent since 2018, 212 percent since 2020, and 38 percent when compared with the same period last year. Law enforcement statewide have seized 360 ghost guns year-to-date. State Police have seized 65 ghost guns in 2022, four more than were seized in all of 2021.
Data unveiled during today’s announcement shows that improved collaboration between cities, states, and federal partners is beginning to pay dividends, particularly in New York City, which saw the first significant drop in gun-related violence since May 2020. State Police and DOCCS are working closely with the NYPD and other partners through the Gun Violence Strategic Partnership (GVSP) and compared to last year, murders in New York City declined 13 percent and shooting incidents decreased by 12 percent.
Local law enforcement agencies also are making noticeable progress outside of New York City. The State’s GIVE initiative —administered by the Division of Criminal Justice Services—provides state funding to local law enforcement agencies for personnel, equipment, training, and technical assistance. GIVE supports 20 departments in 17 counties that account for more than 80 percent of violent crime in the state outside of New York City. Compared with last year, shooting incidents involving injury are down nearly 6 percent and the number of shooting victims declined by nearly 7 percent across GIVE jurisdictions. This year’s reduction in gun violence comes after significant increases in these jurisdictions in 2020 and 2021, including a 75 percent increase in shootings involving injury from 2019 to 2020. Working with the legislature, Governor Hochul secured $18.2 million in funding for GIVE in the FY 2023 State Budget — the largest state investment in the program since its 2014 inception.
State Police Superintendent Kevin P. Bruen said,”Thanks to the Governor’s leadership and continued support of the State Police, we continue to work with law enforcement agencies at all levels of government in New York State, around the northeast, and in Canada, to slow the tide of illegal guns that are finding their way into our communities. Our members are focused and committed to reducing gun violence, and we are encouraged by the progress we have made in recent months.”
Division of Criminal Justice Services Commissioner Rossana Rosado said, “The past two years have been extremely challenging for our GIVE partners and the communities they serve. They have seen first-hand the devastation wrought by gun violence but they also know that evidence-based strategies implemented through GIVE are effective in reducing shootings and saving lives. We thank Governor Hochul for her support and investment in this initiative and commend our law enforcement partners for the work they do every day to serve and protect their fellow New Yorkers.”
Governor Hochul is convening an extraordinary session of the legislature on Thursday, June 30 to pass new gun safety legislation in response to the United States Supreme Court’s decision in NYSRPA v. Bruen. The decision reversed a 100-year-old legal precedent requiring individuals to demonstrate “proper cause” to obtain a license to carry a concealed firearm. In response, the administration continues to work closely with the legislature to devise new policy that will strictly and carefully regulate access to concealed carry permits while remaining within the confines of the law.
While the Supreme Court decision has long-term implications, it has no immediate impact on firearm licensing or permitting. This means people cannot immediately legally carry a concealed firearm without obtaining the currently required permits or licenses. As of now, the application process to obtain a license or permit is unchanged. Those wishing to change their permit status to acquire an “unrestricted carry” permit must file an application with their designated local licensing authority. Gun owners must continue to follow current restrictions.
The announcement builds on Governor Hochul’s continued commitment to aggressively attacking the gun violence epidemic in New York State. Earlier this month, the Governor signed a landmark legislative package to immediately strengthen the state’s gun laws and close critical loopholes exposed by shooters in Buffalo and Uvalde. The ten-bill package bans the sale of semiautomatic rifles to anyone under 21 by requiring a license, puts restrictions on the purchase of body armor for anyone not engaged in an eligible profession, and strengthens the Red Flag Law.
The FY 2023 State Budget includes $227 million to fund bold initiatives that will strengthen the gun violence prevention efforts of law enforcement and community-based organizations. It includes $13.1 million to expand the use of Community Stabilization Units, $18 million in direct support to local law enforcement for gun violence prevention, $20 million for regional needs in the aftermath of gun violence, and $3 million for the Office of Gun Violence Prevention.
[Breaking news: Just one day after the March for Our Lives events, the bipartisan Senate committee working on some compromise gun violence prevention legislation announced they had come up with a framework. The proposal calls for making juvenile records of gun buyers under age 21 available when they undergo background checks; provides money to states to implement “red flag” laws and to bolster school safety and mental health programs; require more people who sell guns obtain federal dealers’ licenses, which means they would have to conduct background checks of purchasers. President Biden immediately put out a statement that the framework “does not do everything that I think is needed, but it reflects important steps in the right direction, and would be the most significant gun safety legislation to pass Congress in decades.” He urged rapid passage. But as you see in what the gun violence prevention activists are saying, there is much, much more to do.]
Amid the palpable outrage, frustration and fear, there is this kernel of hope that what didn’t happen after Columbine, Sandy Hook, Parkville and now Uvalde, the 40,000 lives lost to gun violence last year, and the more than 200 mass shootings that have already happened this year, or the report that more children and teens are killed by guns than by disease or car accidents, may finally happen: that Congress would finally pass sensible gun safety regulations to end the public health epidemic of gun violence. And the difference is this: the election season for the midterms is already underway and Congressmen have already had their primary challenges so shouldn’t “fear” being primaried by an even more fascist candidate to appeal to the bloodlust of their base.
Over a thousand protesters – representing a huge array of groups including March for Our Lives, Youth Against Violence, teachers from the UFT and AFT, Moms Demand Action, Everytown, NYACLU, New Yorkers Against Gun Violence and many more – who marched from Brooklyn to Manhattan to rally – screamed and cheered when urged to vote out any politician who refuses to put children’s lives over the gun industry’s profits.
They called for universal background checks, banning assault weapons and high-capacity magazines and other instruments and weapons of war never meant for the streets; raise the minimum age to buy a gun to 21; mandate safe storage so that a two-year old who finds a gun doesn’t kill his sibling (or what just happened when a mother handed her two year old her gun, killed his father), and Red Flag laws.
And mindful that it is Republican Senators (Democrats passed gun reform in the House) who have blocked every gun safety measure for the past 30 years, they called for an end to the filibuster, since there do not seem to be 10 Republican Senators of conscience.
Dr. Nancy Dodson, a pediatrician and gun safety activist, said gun violence is a public health crisis and one that is propagated by the propaganda of the gun industry, no different in its campaign to deflect and distract (mental health, not guns), than the lead paint industry who blamed neglectful mothers and even put out a children’s book to say that lead paint is good for you, and the tobacco industry.
“Why aren’t there cigarette ads in magazines, commercials on TVs, toy giveaways? Because they were sued. But the gun industry, despite 40,000 killed last year including 4000 children has near-total immunity, under the Protection of Legal Commerce in Arms Act. This is an unjust law that must be repealed so that victims and survivors can sue,” she declared, to cheers.
“It would lead to economic justice for victims and radical changes in design, advertising and sales of guns. “What is the life of a child worth? Gun manufacturers should find out in court.”
“Laws can change social norms,” she said. Drunk driving became socially unacceptable, it became a loving gesture to take your friend’s keys away. It should be the same for guns.”
That means more use of Red Flag Laws, so that it becomes culturally acceptable to say, “You’re struggling now, so don’t do something you’ll regret.”
“We have saved lives of children before and cited examples and a public health scourge through changing culture – drunk driving… And many examples of government taking action – after one guy got on a plane with explosives in his shoe and another with explosive underpants, everyone for the past 20 years has had to take off their shoes at the airport, been patted down and x-rayed.
Ali and Aj of AJ Band described the terror of being in the midst of multiple mass shootings – outside their concert venue, someone sprayed 100 rounds , leaving six dead on the pavement just outside their tour bus where they had hit the ground, then again in Portland, then again in Atlanta they heard shots. “This should not be normal.”
Instead, the Republicans are trying to deflect, putting the onus on mental health and school security, when school districts are cutting funding for actual education, for the arts, theater and music programs that might help that alienated youth to find a better outlet.
“Young people must turn their passion and pain to purpose and vote,” said Attorney General Letitia James, who was with the protest from the beginning of the march through the end of the rally. “Congress won’t act until they feel the power of the people. Vote in record numbers to end the violence.
“Enough prayers, empty thoughts. This is a defining moment young people, for the country. Women’s rights, civil rights, gay rights, trans rights, disabled rights, environmental protection did not start with politicians. It was all of you young people who lead and politicians who followed. Break the collective yoke around the neck of this country…Turn out and vote, vote, vote the reckless cowards out of office, the spineless, gutless who believe in power over people.”
Janella Hines, representing the UFT which helped organize the march, spoke for the teachers who carried signs saying, “I’m scared.” “Books not bullets.” And how when they decided to make teaching their career, they never expected that protecting children from gunmen with military-style weapons, and comforting the traumatized children after they have lost classmates, was part of the job description.
She focused not on the mass shootings that have so terrorized – in schools, churches, grocery stores, concerts, movie theaters, malls – but violence in homes. One of her student’s, named Chloe, was murdered with her sister and mother by her step father on her sister’s birthday. “The entire school community suffered the loss. The trauma is experienced day after day. This is not what teachers went to school for, but we have to do it. It’s time for policy and change.”
Congresswoman Carolyn Maloney declared, “If guns made us safe, we would be the safest on earth. But the only place more dangerous is Ukraine, and they are at war.
“We are killing people because of the easy access to guns.” She said that gun manufacturers need to be held accountable for profiting from murdering children. and called for an end to the immunity gun manufacturers, unlike every other industry, from liability lawsuits.
Congressman Mondaire Jones, the youngest member of the House Judiciary Committee (whose remarks inspired rebuke from Republicans and Tucker Carlson), noted that the House has passed a package of gun safety bills, but that they will likely languish, as have all gun regulations for the past 30 years, in the Senate. “Make sure the Senate hears you.”
He is a sponsor of the Protecting Our Kids Act which changes federal firearms laws, including to establish new criminal offenses and to expand the types of weapons and devices that are subject to regulation. The bill:
generally prohibits the sale or transfer of certain semiautomatic firearms to individuals who are under 21 years of age;
establishes new federal criminal offenses for gun trafficking and related conduct;
establishes a federal statutory framework to regulate ghost guns (i.e., guns without serial numbers);
establishes a framework to regulate the storage of firearms on residential premises at the federal, state, and tribal levels;
subjects bump stocks to regulation under federal firearms laws;
generally prohibits the import, sale, manufacture, transfer, and possession of large capacity ammunition feeding devices; and
requires the Department of Justice to report on the demographic data of persons who are determined to be ineligible to purchase a firearm based on a background check performed by the national instant criminal background check system.
“If we can’t find 10 Senate Republicans of good conscience, we need to abolish the filibuster.”
He also introduced the Judiciary Act, which would expand the Supreme Court by four, to undo the damage of Trump putting three hard-right ideological partisans on the bench, orchestrated by then Majority Leader Mitch McConnell, who refused to allow Obama to appoint a justice after Antonin Scalia died 10 months before the 2016 election, then rushed through Amy Coney Barrett’s appointment even though voting in the 2020 presidential election had already begun.
Meanwhile, the rightwing majority on the Supreme Court is poised to overturn New York’s gun permit law, taking away a vital tool to keep guns off the streets, even as New York State passed 10 more gun safety laws.
Governor Kathy Hochul vowed to bring back the Legislature for an emergency session to address whatever the Supreme Court throws. (My idea is to require all gun owners to be enlisted in a “well-regulated militia” where they would train, drill, and be available to protect the state against foreign and domestic enemies, as the Founding Fathers intended in the Second Amendment (See: Guns Again Again).
New York’s was one of some 450 events throughout the United States and the world, including a re-do of the March For Our Lives rally in Washington DC that followed the 2018 massacre.
They are hoping it isn’t déjà vu all over again, with Congress doing nothing.
The message from Jessalise Rivera: “I’m 9. Please don’t shoot me while I’m learning.”
Gun Safety Bills to Require Microstamping Technology for All Semi-Automatic Pistols, Expand Extreme Risk Protection Order Law, Improve Oversight and Regulation of Gun Dealers, Require a License to Purchase or Possess a Semi-automatic Rifle, and Other Common Sense Gun Violence Prevention Measures
Even as President Joe Biden was appealing to Congress to finally act to end the scourge of gun violence that is taking more than 100 lives each day and has become the leading cause of death for children, New York State was passing a package of gun safety bills to further strengthen the state’s already stiff gun control laws. The action came just days after an 18-year old white supremacist, armed with an AR 15 assault weapon murdered 10 in a grocery store in a predominantly black neighborhood of Buffalo, followed closely by the massacre at the Uvalde, Texas elementary school, and then another at a Tulsa hospital. Meanwhile, the state awaits the radical rightwing Supreme Court majority’s decision on a case deciding whether New York can give criteria for someone to have a gun permit. Governor Kathy Hochul has said she would call the state Legislature back into session to adopt new gun laws should that happen.
Immediately following the State Legislature’s adoption of its package of gun laws, Governor Hochul stated, “Just last night a deadly semiautomatic weapon was once again used to mercilessly kill innocent civilians, this time at a medical facility in Oklahoma. It was a scene all too familiar in this country, one we’ve seen everywhere from Uvalde, to Sandy Hook, to Parkland, to my hometown of Buffalo. We cannot keep living like this.
“We cannot be satisfied by New York’s already tough gun laws. Shooting after shooting makes it clear that they must be even stronger to keep New Yorkers safe. This comprehensive package will close loopholes, give law enforcement the tools they need to prevent easy access to guns, and stop the sale of dangerous weapons to 18-year-olds. I am grateful to Majority Leader Stewart-Cousins, Speaker Heastie, and our partners in the legislature, and I look forward to signing these bills into law.
“Even as we take action to protect New Yorkers, we recognize that this is a nationwide problem. I once again urge Congress to seize this moment and pass meaningful gun violence prevention measures. We have no time to waste.”
New Yorkers Against Gun Violence (NYAGV), a statewide advocacy organization, applauded the New York State Senate and New York State Assembly for passing a package of 10 gun safety bills this week. The bills, which are expected to be signed by Governor Kathy Hochul, will require microstamping technology for all semi-automatic pistols, expand New York’s Extreme Risk Protection Order law, improve oversight and regulation of gun dealers, require a license to purchase or possess a semi-automatic rifle, and other measures that will prevent gun violence and mass shootings.
The passage of this gun bill package comes on the heels of a scourge of gun violence and mass shootings during April and May across the state and country, including in Brooklyn and Buffalo, New York and Uvalde, Texas, and as recently as last night, in Tulsa, Oklahoma, among numerous other gun violence incidents.
Rebecca Fischer, NYAGV Executive Director said, “Faced with a surging gun violence crisis, the New York State Legislature has once again made it a priority this week to protect New Yorkers by passing a strong, life-saving slate of gun violence prevention bills. These measures will help keep guns away from people in crisis to prevent mass shootings, suicide and other gun violence, will require a license to purchase or possess a semi-automatic rifle anywhere in this state, and will provide law enforcement with microstamping tracing technology to stop gun trafficking and hold rogue gun dealers accountable. As New Yorkers and Americans, we should not have to fear gun violence on a daily basis in our neighborhoods or homes, in our subways, our supermarkets, our schools, our houses of worship, our hospitals, or anywhere else. While Congress continues to stall on meaningful national gun reform, we are grateful to have outstanding gun violence prevention champions leading our state government who are committed to keeping our children and all New Yorkers safe.”
A.7926-A (Rosenthal, L)/S.4116-A (Hoylman): Requires DCJS to certify or decline to certify that microstamping-enabled pistols are technologically viable and if certified as viable, to establish programs and processes for the implementation of such technology; and, establishes the crime of the unlawful sale of a non-microstamping-enabled firearm.
A.1023-A (Paulin)/S.4970-A (Kavanagh): Requires all state and local law enforcement agencies to report seized or recovered guns to the criminal gun clearinghouse; participate in ATFs collective data sharing program; test-fire seized or recovered guns for national integrated Ballistic Information Network; and enter the make, model, caliber, and serial number of the gun into the national crime information center. Also requires gun dealers to implement a security plan for securing firearms, rifles and shotguns; prohibit persons under eighteen and not accompanied by a parent from the certain locations of a gun dealer’s premises; provide training to all employees on the conduct of firearm, rifle, and shotgun transfers, including identification of and response to illegal purchases; adhere to record keeping requirements; and require the State police to conduct inspections of gun dealers every three years.
A. 10502 (Cahill)/S. 9113-A (Skoufis): Expands who may file an Extreme Risk Protection Order (ERPO) petition to include health care practitioners who have examined the individual within the last six months; requires police and district attorneys to file ERPO petitions upon credible information that an individual is likely to engage in conduct that would result in serious harm to himself, herself or others; requires the State Police and the Municipal Police Training Council to create and disseminate policies and procedures to identify when an ERPO petition may be warranted; amends the firearm licensing statute to make it clear that when an individual has been reported by a mental health practitioner and a county mental health commissioner has concurred with such practitioner that the individual is likely to engage in conduct that would result in serious harm to them self or others, such report is considered in determining whether or not to issue a firearm license to the individual; and, expands the mental health practitioners who can make such reports.
A.10501 (Meeks)/S. 9465 (Bailey): Creates a new Task Force on Social Media and Violent Extremism in the Attorney General’s office to study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online.
A10503 (Jackson)/S. 9458 (Thomas): Requires that an individual obtain a license prior purchasing a semiautomatic rifle. This is prospective and applies to purchases made on and after the effective date.
A.6716-A (Wallace)/S89-B (Kaminsky): Creates the crimes of making a threat of mass harm and aggravated making a threat of mass harm.
A7865-A (Fahy)/ S.4511-A (Kaplan): Requires social media networks in New York to provide a clear and concise policy regarding how they would respond to incidents of hateful conduct on their platform and maintain easily accessible mechanisms for reporting hateful conduct on those platforms
A.10428-A (People-Stokes)/S.9229-A (Hoylman): Eliminates the grandfathering of large capacity ammunition feeding devices that were lawfully possessed prior to the enactment of the Safe Act or manufactured prior to 1994.
A. 10497 (Jacobson)/S.9407-B (Kavanagh): Makes unlawful the purchase and sale of body vests for anyone who is not engaged in an eligible profession. Eligible professions include law enforcement officers and other professions designated by the Department of State in consultation with other agencies. Also requires that any sale of a body vest be done in person.
A. 10504 (Burgos)/S. 9456 (Sepulveda): Expands the definition of a “firearm” to include any weapon not defined in the Penal Law that is designed or may readily be converted to expel a projectile by action of an explosive. This is intended to capture firearms that have been modified to be shot from an arm brace, which are evading our current definitions of firearms and rifles.
After a spate of mass shootings that made the headlines – Buffalo, Uvalde, Tulsa – President Joe Biden addressed the nation to appeal, to demand Congress act to reduce America’s unique public health epidemic of gun violence. Even as he spoke, there were additional mass shootings – more than one each and every day. More than 100 Americans are killed each day from gun violence – just since 1968, almost twice the number, nearly 2 million, than have died in all of America’s wars going back to the Revolution, 1 million. “My fellow Americans, enough. Enough. It’s time for each of us to do our part. It’s time to act,” he said, offering an agenda, a to-do list of what has to be done to at least reduce the carnage.
Here is a highlighted transcript of President Biden’s remarks:
On Memorial Day this past Monday, Jill and I visited Arlington National Cemetery.
As we entered those hallowed grounds, we saw rows and rows of crosses among the rows of headstones, with other emblems of belief, honoring those who paid the ultimate price on battlefields around the world.
The day before, we visited Uvalde — Uvalde, Texas. In front of Robb Elementary School, we stood before 21 crosses for 19 third and fourth graders and two teachers. On each cross, a name. And nearby, a photo of each victim that Jill and I reached out to touch. Innocent victims, murdered in a classroom that had been turned into a killing field.
Standing there in that small town, like so many other communities across America, I couldn’t help but think there are too many other schools, too many other everyday places that have become killing fields, battlefields here in America.
We stood at such a place just 12 days before, across from a grocery store in Buffalo, New York, memorializing 10 fellow Americans — a spouse, a parent, a grandparent, a sibling — gone forever.
At both places, we spent hours with hundreds of family members who were broken and whose lives will never be the same. And they had one message for all of us:
Do something. Just do something. For God’s sake, do something.
After Columbine, after Sandy Hook, after Charleston, after Orlando, after Las Vegas, after Parkland, nothing has been done.
This time, that can’t be true. This time, we must actually do something.
The issue we face is one of conscience and common sense.
For so many of you at home, I want to be very clear: This is not about taking away anyone’s guns. It’s not about vilifying gun owners. In fact, we believe we should be treating responsible gun owners as an example of how every gun owner should behave. I respect the culture and the tradition and the concerns of lawful gun owners.
At the same time, the Second Amendment, like all other rights, is not absolute. It was Justice Scalia who wrote, and I quote, “Like most rights, the right…” — Second Amendment — the rights granted by the Second Amendment are “not unlimited.” Not unlimited. It never has been.
There have always been limitations on what weapons you can own in America. For example, machine guns have been federally regulated for nearly 90 years. And this is still a free country.
This isn’t about taking away anyone’s rights. It’s about protecting children. It’s about protecting families. It’s about protecting whole communities. It’s about protecting our freedoms to go to school, to a grocery store, and to a church without being shot and killed.
According to new data just released by the Centers for Disease Control and Prevention, guns are the number one killer of children in the United States of America. The number one killer. More than car accidents. More than cancer.
Over the last two decades, more school-aged children have died from guns than on-duty police officers and active-duty military combined. Think about that: more kids than on-duty cops killed by guns, more kids than soldiers killed by guns.
For God’s sake, how much more carnage are we willing to accept? How many more innocent American lives must be taken before we say “enough”? Enough.
I know that we can’t prevent every tragedy. But here’s what I believe we have to do. Here’s what the overwhelming majority of the American people believe we must do. Here’s what the families in Buffalo and Uvalde, in Texas, told us we must do.
We need to ban assault weapons and high-capacity magazines. And if we can’t ban assault weapons, then we should raise the age to purchase them from 18 to 21.
Strengthen background checks.
Enact safe storage laws and red-flag laws.
Repeal the immunity that protects gun manufacturers from liability.
Address the mental health crisis deepening the trauma of gun violence and as a consequence of that violence.
These are rational, commonsense measures. And here’s what it all means. It all means this:
We should reinstate the assault weapons ban and high-capacity magazines that we passed in 1994 with bipartisan support in Congress and the support of law enforcement. Nine categories of semi-automatic weapons were included in that ban, like AK-47s and AR-15s.
And in the 10 years it was law, mass shootings went down. But after Republicans let the law expire in 2004 and those weapons were allowed to be sold again, mass shootings tripled. Those are the facts.
A few years ago, the family of the inventor of the AR-15 said he would have been horrified to know that its design was being used to slaughter children and other innocent lives instead of being used as a military weapon on the battlefields, as it was designed — that’s what it was designed for.
Enough. Enough.
We should limit how many rounds a weapon can hold. Why in God’s name should an ordinary citizen be able to purchase an assault weapon that holds 30-round magazines that let mass shooters fire hundreds of bullets in a matter of minutes?
The damage was so devastating in Uvalde, parents had to do DNA swabs to identify the remains of their children — 9- and 10-year-old children.
Enough.
We should expand background checks to keep guns out of the hands of felons, fugitives, and those under restraining orders.
Stronger background checks are something that the vast majority of Americans, including the majority of gun owners, agree on.
I also believe we should have safe storage laws and personal liability for not locking up your gun.
The shooter in Sandy Hook came from a home full of guns that were too easy to access. That’s how he got the weapons — the weapon he used to kill his mother and then murder 26 people, including 20 first graders.
If you own a weapon, you have a responsibility to secure it — every responsible gun owner agrees — to make sure no one else can have access to it, to lock it up, to have trigger locks. And if you don’t and something bad happens, you should be held responsible.
We should also have national red-flag laws so that a parent, a teacher, a counselor can flag for a court that a child, a student, a patient is exhibiting violent tendencies, threatening classmates, or experiencing suicidal thoughts that makes them a danger to themselves or to others.
Nineteen states and the District of Columbia have red-flag laws. The Delaware law is named after my son, Attorney General Beau Biden.
Fort Hood, Texas, 2009 — 13 dead and more than 30 injured.
Marjorie Stoneman Douglas High School in Parkland, Florida, 2018 — 17 dead, 17 injured.
In both places, countless others suffering with invisible wounds.
Red-flag laws could have stopped both these shooters.
In Uvalde, the shooter was 17 when he asked his sister to buy him an assault weapon, knowing he’d be denied because he was too young to purchase one himself. She refused.
But as soon as he turned 18, he purchased two assault weapons for himself. Because in Texas, you can be 18 years old and buy an assault weapon even though you can’t buy a pistol in Texas until you’re 21.
If we can’t ban assault weapons, as we should, we must at least raise the age to be able to purchase one to 21.
Look, I know some folks will say, “18-year-olds can serve in the military and fire those weapons.” But that’s with training and supervision by the best-trained experts in the world. Don’t tell me raising the age won’t make a difference.
Enough.
We should repeal the liability shield that often protects gun manufacturers from being sued for the death and destruction caused by their weapons. They’re the only industry in this country that has that kind of immunity.
Imagine — imagine if the tobacco industry had been immune from being sued — where we’d be today. The gun industry’s special protections are outrageous. It must end.
And let there be no mistake about the psychological trauma that gun violence leaves behind.
Imagine being that little girl — that brave little girl in Uvalde who smeared the blood off her murdered friend’s body onto her own face to lie still among the corpses in her classroom and pretend she was dead in order to stay alive. Imagine — imagine what it would it be like for her to walk down the hallway of any school again.
Imagine what it’s like for children who experience this kind of trauma every day in school, in the streets, in communities all across America.
Imagine what it is like for so many parents to hug their children goodbye in the morning, not sure whether they’ll come back home.
Unfortunately, too many people don’t have to imagine that at all.
Even before the pandemic, young people were already hurting. There’s a serious youth mental health crisis in this country, and we have to do something about it.
That’s why mental health is at the heart of my Unity Agenda that I laid out in the State of the Union Address this year.
We must provide more school counselors, more school nurses, more mental health services for students and for teachers, more people volunteering as mentors to help young people succeed, more privacy protection and resources to keep kids safe from the harms of social media.
This Unity Agenda won’t fully heal the wounded souls, but it will help. It matters.
I just told you what I’d do. The question now is: What will the Congress do?
The House of Representatives has already passed key measures we need. Expanding background checks to cover nearly all gun sales, including at gun shows and online sales. Getting rid of the loophole that allows a gun sale to go through after three business days even if the background check has not been completed.
And the House is planning even more action next week. Safe storage requirements. The banning of high-capacity magazines. Raising the age to buy an assault weapon to 21. Federal red-flag law. Codifying my ban on ghost guns that don’t have serial numbers and can’t be traced. And tougher laws to prevent gun trafficking and straw purchases.
This time, we have to take the time to do something. And this time, it’s time for the Senate to do something.
But, as we know, in order to get anything done in the Senate, we need a minimum of 10 Republican senators.
I support the bipartisan efforts that include a small group of Democrats and Republican senators trying to find a way. But my God, the fact that the majority of the Senate Republicans don’t want any of these proposals even to be debated or come up for a vote, I find unconscionable.
We can’t fail the American people again.
Since Uvalde, just over a week ago, there have been 20 other mass shootings in America, each with four or more people killed or injured, including yesterday at a hospital in Tulsa, Oklahoma.
A shooter deliberately targeted a surgeon using an assault weapon he bought just a few hours before his rampage that left the surgeon, another doctor, a receptionist, and a patient dead, and many more injured.
That doesn’t countthe carnage we see every single day that doesn’t make the headlines.
I’ve been in this fight for a long time. I know how hard it is, but I’ll never give up. And if Congress fails, I believe this time a majority of the American people won’t give up either. I believe the majority of you will act to turn your outrage into making this issue central to your vote.
Enough. Enough. Enough.
Over the next 17 days, the families in Uvalde will continue burying their dead.
It will take that long in part because it’s a town where everyone knows everyone, and day by day they will honor each one they lost.
Jill and I met with the owner and staff of the funeral home that is being strong — strong, strong, strong — to take care of their own.
And the people of Uvalde mourn. As they do over the next 17 days, what will we be doing as a nation?
Jill and I met with the sister of the teacher who was murdered and whose husband died of a heart attack two days later, leaving behind four beautiful, orphaned children — and all now orphaned. The sister asked us: What could she say? What could she tell her nieces and nephews?
It was one of the most heartbreaking moments that I can remember. All I could think to say was — I told her to hold them tight. Hold them tight.
After visiting the school, we attended mass at Sacred Heart Catholic Church with Father Eddie.
In the pews, families and friends held each other tightly. As Archbishop Gustavo spoke, he asked the children in attendance to come up on the altar and sit on the altar with him as he spoke.
There wasn’t enough room, so a mom and her young son sat next to Jill and me in the first pew. And as we left the church, a grandmother who had just lost her granddaughter passed me a handwritten letter.
It read, quote, “Erase the invisible line that is dividing our nation. Come up with a solution and fix what’s broken and make the changes that are necessary to prevent this from happening again.” End of quote.
My fellow Americans, enough. Enough. It’s time for each of us to do our part. It’s time to act.
For the children we’ve lost, for the children we can save, for the nation we love, let’s hear the call and the cry. Let’s meet the moment. Let us finally do something.
God bless the families who are hurting. God bless you all.
From a hymn based on the 91st Psalm sung in my church:
May He raise you up on eagle’s wings and bear you on the breath of dawn make you to shine like the sun and hold you in the palm of His hand.
BREAKING: A one-year-old child accidentally shoots their three-month-old sibling and mother at a Walmart in Texas after finding a gun concealed beneath the seat of the family vehicle. RT IF YOU THINK THIS MADNESS MUST BE STOPPED WITH NEW GUN LAWS! Occupy Democrats @OccupyDemocrats7:08 PM · Jan 5, 2022
The Department of Justice is issuing a new rule to promote safe and secure storage of firearms, which would go a long way to reduce school shootings, for example, where an under-age person gets access to a gun. But the federal government should also use its purchasing power and rule making to require all guns purchased by the federal government (for military, law enforcement) be smart-guns that can only be used by the registered owner, which would make smart guns the norm.–Karen Rubin/news-photos-features.com
WASHINGTON – The Department of Justice today announced a new rule to help enable the safe and secure storage of firearms and published a Best Practices Guide for federal firearms licensees (FFLs). This new rule implements the existing Gun Control Act requirement that federal firearms licensees that sell firearms to the general public (non-licensees) must certify that they have available secure gun storage or safety devices. The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Best Practices Guide for FFLs is an important resource and reference guide about federal laws and regulations.
“Today’s announcements build on the department’s efforts to reduce the risk of firearms falling into the wrong hands,” said Attorney General Merrick B. Garland. “Gun safety is a Department of Justice priority, and we will continue to take all appropriate steps to help reduce the number of people killed and injured by the misuse of firearms.”
The Department of Justice has submitted to the Federal Register for publication a final rule, which will take effect Feb. 3, requiring FFLs to certify that they have secure gun storage devices available to their customers for purchase. Secure gun storage or safety device, as defined by statute and regulation, includes a safe, gun safe, gun case, lock box or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination or other similar means. Not all devices are compatible with varying types of firearms. Therefore, integral to the new rule is the requirement that FFLs have available secure gun storage options that are compatible with the firearms they are selling.
In addition, today, the ATF published a Best Practices Guide for FFLs. The ATF’s Best Practices Guide is designed to assist FFLs in complying with all required firearm laws and regulations that are designed to ensure public safety and the traceability of firearms.
The Best Practices Guide also encourages FFLs to provide customers with ATF publications to help firearms owners better understand their legal obligations, as well as practical steps they can take to help keep firearms out of the hands of prohibited persons and facilitate the safe storage of firearms. Links to ATF publications addressing the following topics are included in the Best Practices Guide: procedures for FFLs to assist unlicensed firearms owners in conducting background checks for private party transfers; compliance with the Youth Handgun Safety Act; records firearms owners should maintain that can assist law enforcement if the owner’s firearms are ever lost or stolen; and the legal consequences and public safety dangers of straw purchasing – which involves purchasing a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction. To view ATF’s Best Practices Guide, see: https://www.atf.gov/firearms/federal-firearms-licensee-quick-reference-and-best-practices-guide
WESTBURY, NY (October 28, 2021) – Today, Governor Kathy Hochul signed landmark legislation to crack down on “ghost guns,” untraceable firearms used by criminals to evade background checks. The move follows action by the New York State Senate and Assembly, who passed the legislation in June, 2021. Together, The Scott J. Beigel Unfinished Receiver Act (S.13a), sponsored by Senator Anna M. Kaplan (D-North Hills) and Assemblymember Charles Lavine (D-Glen Cove), and The Jose Webster Untraceable Firearms Act (S.14a), sponsored by Senator Brad Hoylman (D/WFP-Manhattan) and Assemblymember Linda Rosenthal (D/WF-Manhattan), create the strongest protections from these dangerous weapons in the nation.
“Gun violence is a public health and public safety crisis that must be dealt with aggressively,” said Governor Hochul. “Working with partners at all levels, my administration will continue to crack down on the distribution and possession of dangerous weapons and put an end to the gun violence epidemic.”
“If you can’t pass a background check to get a gun, then you shouldn’t be able to get a gun–period. For too long, the unfinished receiver loophole let anyone get their hands on all the parts needed to build an untraceable, unregistered AR-15 without ever going through a background check, but today, we’re taking historic action here in New York to close that dangerous loophole for good” said State Senator Anna M. Kaplan.
“I’m proud to be the sponsor of the Scott J. Beigel Unfinished Receiver Act because I know it’s going to save lives, just like Scott Beigel did when he gave his life to protect his students from gunfire during the attack on Marjory Stoneman Douglas High School. I’m grateful for my partners in this effort, Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins, Senator Brad Hoylman, Assemblymember Chuck Lavine, and Assemblymember Linda Rosenthal, each of whom have shown extraordinary leadership to make sure our state is combating the scourge of gun violence. And most importantly, I want to thank Scott Beigel’s parents Linda and Michael, for never giving up the fight to ensure that our communities are safe from gun violence.”
State Senator Brad Hoylman said: “In the last three years, we’ve seen a 479% increase in ghost gun seizures across the state. Thanks to the Jose Webster Untraceable Firearms Act being signed today we’re addressing this growing problem by banning the sale and possession of ghost guns, so nobody will be able to purchase these firearms without first passing a background check. I’m deeply grateful for the advocacy and support of Jose Webster’s sister, Nathalie Arzu, along with Assembly Member Rosenthal, Senator Kaplan, Assembly Member Levine, Senate Majority Leader Stewart-Cousins and Governor Hochul for their leadership on this important issue.”
During the COVID-19 crisis, gun violence has spiked; so have sales of firearms and ghost guns. At the beginning of the pandemic, gun manufacturers reported massive sales of ghost gun kits; at least 16 manufacturers told customers they were experiencing shipping delays due to a high volume of orders.
Ghost guns continue to pose a threat, both in New York and nationwide. Last week, a Queens man who had been ordering gun parts online was caught with an arsenal of do-it-yourself “ghost guns”. ProPublica reported that the “Boogaloo Boys,” a right-wing militia group involved with the January 6 Capitol riots, have embraced ghost guns as one of their preferred weapons.
“The Scott J. Beigel Unfinished Receiver Act”, sponsored by Senator Anna M. Kaplan and Assemblymember Charles Lavine, specifically addresses the proliferation of “unfinished receivers” or “80% Receivers” which can be purchased online without a background check and which are easily converted into operable firearms by people with limited skills. The legislation:
Defines what constitutes an unfinished frame or receiver
Makes possession of an unfinished frame or receiver by anyone other than a licensed gunsmith or dealer illegal
Prohibits the possession of major components of a firearm, rifle, or shotgun by persons who are otherwise lawfully prohibited from possessing such weapons
Makes it illegal to sell or transfer an unfinished frame or receiver to anyone other than a licensed gunsmith or dealer
“Amidst an epidemic of gun violence plaguing the United States, I commend my good friend Governor Kathy Hochul for supporting and signing this bill which I sponsored in the Assembly,” said Assemblymember Charles Lavine. “It is incumbent upon the states to enact common-sense reforms that close dangerous loopholes that allow untraceable weapons to flood our communities. This new law further strengthens New York’s existing gun safety laws, already among the toughest in the country. It also significantly increases protection to our community and our children by creating much more accountability. It is intended, just as Scott intended, to save lives.”
Senator Kaplan and Assemblymember Lavine’s legislation is named in memory of Scott J. Beigel, the hero teacher of Marjory Stoneman Douglas High School in Parkland, Florida, who lost his life during the shooting over three years ago while shielding his students from gunfire. Beigel’s parents, Linda Beigel Schulman and Michael Schulman of Long Island, are nationally recognized advocates in the fight against gun violence.
Speaking to the crowded room at the “Yes We Can” community center in Westbury, Long Island, Linda Beigel Schulman reflected back to Feb 13, 2018, when she spoke to Scott, exchanged, “I love yous” and “Have a good rest of today. I’ll speak to you tomorrow.” “He walked into Marjory Stoneman Douglas High School and gave his last breath after saving lives. A 19 year old shot him 16 times with an AR15 assault rifle. I made a vow to myself and my son to do everything to end gun violence…Nothing will bring Scott back, but these new laws today will save lives.”
“The Jose Webster Untraceable Firearms Act” sponsored by Senator Brad Hoylman and Assemblymember Linda Rosenthal, prohibits the sale and possession of unregistered ghost guns and ensures law enforcement will be able to track the manufacture and sale of all guns in New York. The legislation:
Defines a “ghost gun” as any firearm, rifle, or shotgun that isn’t serialized and registered in accordance with either state or federal law
Prohibits the possession of ghost guns by anyone but a licensed gunsmith
Prohibits the sale of ghost guns entirely
Prohibits the manufacture or assembly of a firearm, rifle, or shotgun by anyone other than a licensed gunsmith
Requires New York gunsmiths to serialize all firearms, rifles, shotguns, or unfinished frames or receivers they manufacture or assemble, and to register any such gun, or unfinished frame or receiver that isn’t otherwise covered by federal serialization law with the Division of State Police
“Ghost guns have exploded in popularity as people have taken to the internet to evade New York’s strong laws requiring background checks and licensing, to gain access to deadly weapons they can construct in the comfort and privacy of their own homes,” said Assemblymember Linda B. Rosenthal. “Closing the ghost gun loophole by signing the Jose Webster Untraceable Firearms Act, along with the Scott J. Beigel Unfinished Receivers Act, will help to keep our communities safe. Thank you to Governor Hochul for signing these bills into law. I look forward to working with the Executive to passing more legislation to keep New Yorkers safe from gun violence in the future.”
Senator Hoylman and Assemblymember Rosenthal’s legislation is named in memory of Jose Webster, a young man from The Bronx killed by gun violence in 2011. Webster’s sister, Nathalie Arzu, has become a gun violence prevention advocate.
The Scott J. Beigel Unfinished Receiver Act, S.13a, will take effect in 180 days. Individuals who currently possess an unfinished frame or receiver as defined in the new law have 360 days from today to either voluntarily surrender the unfinished frame or receiver to authorized law enforcement officials, or bring the piece into compliance with the law regarding serialization and registration.
The Jose Webster Untraceable Firearms Act, S.14a, will take effect in 180 days. There is a six month grace period to turn in ghost guns or have them registered and serialized.
Legislation S.7152/A.6522 adds firearms capable of being concealed and designed to resemble toys to the definition of a ‘disguised gun’ and prohibits their manufacture, design, or sale. Weapons capable of causing severe injury and death but that resemble toys are unjustifiably deceptive, and pose a clear threat to the safety of both children, who may mistake them for actual toys, and the public at large.
“The gun violence epidemic has stolen the lives of so many in our state and country, and we have only seen the problem grow worse in recent years,” said Senator John Brooks. “Common sense measures like this legislation to crackdown on disguised guns are critical to protecting New Yorkers. No one should live in fear of gun violence, not when walking down the street, serving our communities in law enforcement, while learning at schools, spending time at home, or anywhere else. I am thankful to local law enforcement for the support they provided in getting this bipartisan bill passed and I applaud Governor Hochul for her continued effort to keep New Yorkers safe.”
“I am proud to sponsor this critically important legislation that will prohibit the design, manufacture and possession of disguised guns in New York State,” said Assemblymember Steve Stern. “These weapons put our law enforcement personnel at a dangerous disadvantage in situations when they are facing down the barrel of a gun and have a split second to decide if it is a toy or a real weapon, a split second that could make the difference between life or death. This legis will protect our entire community and save lives. I thank my colleagues in the Legislature for their bi-partisan support of this legislation and applaud Governor Hochul’s strong leadership on this important issue.”
Nassau County Executive Laura Curran, speaking directly to Linda Biegel Schulman and husband Michael: “I know your story, your pain, and the fact you are out everyday to fight for common sense gun laws is inspiring. Nassau County is rated the safest community in America for two years in a row. But I won’t rest until everyone in county feels it is the safest.”
Governor Hochul added, “it is nothing short of extraordinary – so many affected. To have lost someone you treasured, when you lose a child, it is more than heartbreak, it is a permanent mark on your soul. So many retreat in pain, suffer in silence. It takes an extraordinary person to say, I won’t suffer in silence.
“This is a new era of collaboration, we are changing things. What we accomplished solidifies New York as having the toughest gun laws in the nation.”
