Barry’s List Of Executive Action
Tell everyone to do their goddamned jobs
The president got on TV, using children as props or human shields, and called on congress for more laws that would not have prevented Sandy Hook but we need them anyway because fuck gun owners. Or something. He then spelled out 23 executive actions (up from the originally stated 19). And those actions are (with my comments as I feel like it in bold):
1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system. (they’re supposed to do this anyway and they fail at it. It’s enforcing existing law)
2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system. Some states actually prohibit this due to privacy concerns and health care
3. Improve incentives for states to share information with the background check system. It is a self-reporting system. I don’t mind the incentives so much. It’s enforcing existing law
4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks. I think this one is up to congress not the executive.
5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun. I’ve heard of PDs doing this but I don’t know the legal justification
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers. Ok. But it’s not required by law.
7. Launch a national safe and responsible gun ownership campaign. Yay, government propaganda. Leave that to the experts
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission). This one could be something if suddenly those cheap ass locks that manufacturers sell with guns that I use as targets or to lock the occasional gate suddenly become very expensive
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations. Required traces even if unnecessary for leads the investigators will not follow
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement. Pointless
11. Nominate an ATF director. Pointless
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations. Who will provide this? But not a bad idea
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime. I think there’s something like 76,000 times per year where someone lies on a form 4473 and those are not prosecuted. I wonder if that’s what is meant. It’s enforcing existing law
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence. There’s a law that prohibits this because a lot of “studies” were politically motivated. And the last time CDC did a report in concluded that there wasn’t a link between violent crime and assault weapons. Or something similar.
15. Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies. Smart guns? Dumb idea.
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes. I’m pretty sure it does say that.
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities. I don’t have a problem here
18. Provide incentives for schools to hire school resource officers. But you told me that having armed guards at schools was crazy NRA talk!
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education. Again, I’d leave this to the professionals
20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover. The mental health angle is going to be someone else’s area of expertise but it looks like they are going after something other than guns.
21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges. See above
22. Commit to finalizing mental health parity regulations. See above
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health. See above. I’m guessing there will be a push for gun crime as public health issue.
Mostly consists of enforcing existing law. I was expecting a ban on imports of certain guns and gun parts.
Basically, nothing on this list would have prevented Sandy Hook.
Update: Geez, everyone had the same idea. More here.
January 16th, 2013 at 2:34 pm
That list is surprisingly mild compared to what I was expecting. I guess Obama read the polls and found out gun control is still unpopular.
January 16th, 2013 at 2:35 pm
I agree Les. This all seems like stuff that makes it look like he did something and that he’s unlikely to take much heat over.
January 16th, 2013 at 2:37 pm
“But you told me that having armed guards at schools was crazy NRA talk!”
The next school shooting, where there is no one present who is responsible for defending the schoolchildren against an armed attacker, is going to be Obama’s responsibility.
He’s doing an awful lot of bureaucratic BS instead of getting people in place who can protect our kids, and he needs to be held accountable for that.
January 16th, 2013 at 2:42 pm
Obozo is saying that doctors can “ask” about gunz. The law says they can’t document it. Remember the billions spent on “electronic medical records” will become federal property when obozocare starts. Likely it will combine your medical, employment and spending records. One stop shopping for despots everywhere, since every fed will have a backdoor into the “system”.
January 16th, 2013 at 2:49 pm
I wrote up the other night on why the “smart guns” thing will never actually get any serious traction.
January 16th, 2013 at 2:53 pm
This one is pointless and/or misdirection. There is no federal law because this is something regulated at the state level.
The default is that providers are prohibited from reporting any patient information without the patient’s permission, and then there are specific exceptions to that default that are spelled out in state law/regulations (including when a provider must break confidentiality).
January 16th, 2013 at 3:08 pm
Notice that several of his Executive Orders are in Violation of the Law. But Obama doesn’t care.
Plus he’s using ObamaCare to go after the 2A. Which, last I heard had Zip Point Nada to do with the RKBA. Unless he tells the Doctors to DENY Care if the Patient doesn’t follow his Illegal Edict. Or Else. But Obama doesn’t care.
But wait until the HHS Issues Edicts saying that anyone who has a Gun or wants a Gun is to be declared “Mentally Ill” and is BANNED from having Firearms. Think of the Soviet Union when they said that anyone who Opposed Communism must be Crazy and were sent to the Psych Wards. But Obama doesn’t care.
Sure glad that the AWB Signer from Massachusetts didn’t get Elected President, right? I mean, Romney would have Issued Executive Orders that would have destroyed the RKBA, correct? And Obama would NEVER do such a thing, since he didn’t do it in his First term, eh?
January 16th, 2013 at 3:11 pm
According to the PPACA law text (http://www.gpo.gov/fdsys/pkg/PLAW-111publ148/pdf/PLAW-111publ148.pdf), the keyword here is required. Your doctor cannot require you to answer a question about firearms, and if you do they cannot record it. The relevant text is pages 884-885. Yes, there really are that many pages
The one that bugs me is #14, because it asks a slanted question. Although that slanted question has been answered in our favor before. I honestly would like a study of good and bad gun uses in our country, so I can stop saying things like “estimated 1.4M defensive gun uses”. I have no idea how they’d collect the data though since so much goes unreported.
January 16th, 2013 at 3:23 pm
Whenever the doctor asks about guns, you should respond with a quiz about the 4 rules just to establish his bonafides about gun safety.
January 16th, 2013 at 3:24 pm
Like Uncle, I had expected a ban on imported magazines and ammo. Overall, this is not as bad as it could have been.
It leads me to believe that Prof. Reynolds and others are right when they suggest all this Sturm und Drang about gun control is an attempt to deflect attention from the deficit and debt crisis. Kind of like how the Argentine government threatens to invade the Falklands whenever their economy goes into the crapper.
January 16th, 2013 at 3:38 pm
These 23 points may be kinda sorta innocuous, irrelevant, and/or mild but there is nothing keeping him from adding some real whoppers to the list at 3am on a Sunday. Let’s also not forget the garbage brewing in Congress and various statehouses.
This ain’t over and it never will be.
January 16th, 2013 at 3:50 pm
Actually, guys, I am very concerned. It looks innocous, but there are danger signals here. If you parse out what O has done here, he has essentially declared that he is going to leverage the ACA to hammer at the 2A. Something that could not be done prior to 2009 will now become reality: Doctors are now going to be shock troops for disarmament.
Think this through carefully. Doctors will be empowered to not only ask you about guns, but to declare to the authorities when they believe that YOU should not have guns. All they have to do is indicate that they believe you are a danger to society. Since it is a “medical opinion”, it is not reviewable by a court. BO’s just gutted the Due Process clause and most pundits are breathing a sigh of relief. The chain for disarmament of an individual used to be this: law enforcement (arrest) –> the courts and juries (trial) –> disarmament (upon conviction). Even for domestic violence restraining orders, a judge had to sign off on the disarmament. Now, there is an alternative path: doctors (medical opinion) –> law enforcement (no arrest necessary) –> upload to a federal database –> disarmament.
You don’t have to commit a crime to be barred for life! How much do you guys want to bet that, once on the disbarred list, you’ll never get off it. Note that he has not proposed any appeal method should your doctor incorrectly label you a “danger”.
If your doctor asks about “gun safety”, change doctors. Don’t engage them in conversation; don’t try to change their minds; don’t give them an opening. You stand warned.
January 16th, 2013 at 4:16 pm
I would think 5 is already being done and I can’t find a good reason to wookie-suit up to complain about it.
Only people purporting to be non-prohibited are likely to be reporting a stolen gun. The cops can already access NICs, they run the recovered guns through the national stolen database and could just as easily then run the reported owner when they discover who that is.
The only people who would even notice it happened are dumb criminals and folks who go prohibited between theft report and gun recovery. Heck, if they “have” to run the owner it takes a peg out of the anti-gun types who don’t want recovered guns “back on the street.”
January 16th, 2013 at 4:22 pm
The “focus” on mental health is probably just a method to get as many peopole as possible on the prohibited list.
January 16th, 2013 at 4:34 pm
Last time I talked to a Doctor about guns, he wanted to know where to get a CCW License.
I know a surgeon with fat bank that never misses a gun show.
Yeah lets get the doctors on board.
January 16th, 2013 at 5:32 pm
#8 is pointless as ‘safe storage’ requirements were struck down in Heller.
January 16th, 2013 at 5:36 pm
Boils down to three categories:
1) Enforce current laws/regulations
2) Socialized medical
3) Hope for a change.
The lying sack of shit part overlaps all categories.
January 16th, 2013 at 6:42 pm
I am along the same lines of thought as Bubblehead-les is. What has been presented seems really benign to what folks were thinking was coming.
So looking at the details, there is a whole lot of Physiological/medical stuff being suggested.
All I can say is, that when the Fed.Gov gets everyone’s electronic medical records, then sorts for even the most minor of mental/behavioral issues………Oh you took SSRI’s for a six month period, ten years ago? Letter comes in the mail stating you are not allowed to own firearms. Or you might be allowed to keep them, but you have to go thru an onerous medical/physiological evaluation, including a medical board before you are cleared. And very few people get cleared.
It is going to be a very interesting couple of years, snakes in the grass as far as im concerned.
January 16th, 2013 at 6:56 pm
Number 5 is already done, at least in my experience. Like Matthew said, it just weeds out the dumbasses.
Number 9, however – “… require federal law enforcement to trace guns recovered in criminal investigations” means mandating ATF e-trace, which violates the spirit of Tiahrt.
January 16th, 2013 at 7:21 pm
Blather. Pure blather.
January 16th, 2013 at 7:55 pm
Kind of off topic, but I’d be curious where the props came from. Who would let their kid(s) be used in such a manner?
Maybe some newspaper should print the parents’ names and addresses.
January 16th, 2013 at 8:05 pm
Devil is always in the details –
http://www.scribd.com/doc/120650415/White-House-list-of-executive-orders-on-gun-violencehttp://www.scribd.com/doc/120650415/White-House-list-of-executive-orders-on-gun-violence
January 16th, 2013 at 10:16 pm
As of now, I am using the Wikipedia definition of “gun” as “However, in contemporary military and naval parlance the term gun has a very specific meaning and refers solely to any large-calibre, direct-fire, high-velocity, flat-trajectory artillery piece employing an explosive-filled hollowed metal shell or solid bolt as its primary projectile.”
No Doc, I have no “guns” in the house.
If they can define words, so can I.
January 16th, 2013 at 10:17 pm
Number 4 may be an attempt to get the terrorist watch list part of the NICS check.
January 16th, 2013 at 10:48 pm
Obama did a fine job. Now when is he going to address the “criminals” and guns?
There is a clause in US code that states when one violates your righ
To and harm is caused to you, then the violates can be held responsible. Wonder which of our fine leaders will take the fall for the first home invasion that results in a death due to not enough rounds to handle the threat?
January 16th, 2013 at 11:26 pm
#16 – Since the doctors will determine if I can keep my 2nd amendment right, does that mean my orthodontist will determine if I can keep my first amendment right?
January 16th, 2013 at 11:34 pm
#23 “Diologue” = You listen, I talk. Guns are evil. You are evil and racist if you don’t agree.
The desire to own a firearm will be proof of mental illness and NICS will automatically turn you down.
January 17th, 2013 at 12:05 am
I agree that the scariest part of the orders is the medical/mental issue. Doctors are already required or encouraged to report anyone threatening to hurt/kill themselves or others.
The Newtown-type killer falls in three general catagories: 1) a teenager on an anti-depressive medication (SSRI,etc) who may have been misdiagnosed as having depression; 2) a sociopath/psychopath who may seem to be basically a normal person; 3) psychotic with a break from reality like the guy who did the Gabby Giffords shooting.
TS
January 17th, 2013 at 1:02 am
See also: http://www.michaelzwilliamson.com/blog/item/dismantling-the-mouthbreather-in-chief-s-gun-policies
January 17th, 2013 at 8:04 am
The area that I see concern is the call for citizen private sale. Fine if they want people selling guns at a show to go through the background check, no problem with that one. It’s the one where I buy one from my buddy down the street that the problem comes in. What is to determine when that weapon was purchased from said buddy?
How are they to know if I am currently buying it or did I purchase it 5 yrs. ago ? If I have to take every weapon which I’ve previously purchased privately before that law went into effect ,in for a background check…is this not in fact an overall gun registration and locator ?
What will be the proof of when the weapon was purchased ?
January 17th, 2013 at 9:57 am
#20 – Keyword is MEDICAID.
If you can identify someone as mentally defective early in life – as such as many children receive Medicaid benefits, they can be denied their 2A rights later. Most children with ADHD on Ritalin in my experience have been from low income families on government assistance. They are not mental – they just lack parental guidance. This is another outcome of the breakdown of our society thanks to LBJ and his “Great Society” programs and those that followed. This is a long term solution to their “problem”, these wheels have been turning for a long time and if not stopped will grind on many more years unless reigned in soon.