It's going to be almost impossible for any legislation to get through the House, which is why those executive orders are so scary. (thanks for the list RHJ).
1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system
This means any list the government has can be added to the NICs check system. It'll start with inaccurate but somewhat justifiable ones like the 'terrorist watch' list, but tied in with other exec orders, that'll expand quickly.
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.
Barriers such as doctor-patient confidentiality and HIPPA privacy disclosure rules. Basically, if any government entity finds out that you ever had anything that could be construed as a mental health issue, it can go into the NICs system.
3. Improve incentives for states to share information with the background check system.
Bribe them to go along
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.
Felons, domestic abusers and mentally incapacitated are the 'categories' in the actual law. What 'additional' categories will Mr. Holder define on his own? GOP members, NRA members, Libertarians?
OK... seriously, how about any returning vets due to 'potential PTSD', something happening individually now already?
5. Propose rule-making to give law enforcement the ability to run a full background check on an individual before returning a seized gun.
If they are returning a seized firearm, it's because the person was found 'not guilty' of the charges, was not charged, and is not a prohibited person. This simply sounds like a way to drag out the process as long as possible and make it as painful as they can.
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
This will be interesting down the road, since FFLs obviously charge for this 'requirement'. Will that change? Will there be a flat-rate? A free check? Will a carry license still be OK to bypass? Since we have no idea on the letters content, it's impossible to say what effect this will have, if any.
7. Launch a national safe and responsible gun ownership campaign.
Kickback to their friends in the media, and direct funding for Brady, VPC, MAIG, etc.
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).
You can see this coming... there are no locks that can't be defeated, so there's no 'safe storage' possible for firearms. Homes with children (one of the categories?) can't be allowed to have firearms in them since there's no safe way to keep the kids out of the guns.
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
Part of their commitment to scientific finger pointing... Should chew up enough police man-hours to offset any additional spending on public safety.
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.
They already know what they want this report to say... this is to back the criminalization of not reporting lost or stolen firearms within a certain period (probably 24 hours).
11. Nominate an ATF director.
They are pushing this, since an 'acting director' doesn't have much clout internally. B. Todd Jones (the nominee) has never met a gun control law he didn't like, and was responsible for an ominous 'chain of command' memo leaked after the Fast and Furious scandal broke.
Also, the administration can't really use the ATF to full effect if Congress has the nomination 'held hostage' for good behavior. If he is confirmed, expect to see a rash of 'sporting purposes' decisions no matter what.
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.
Bribe for the police chiefs and principals. How much will actually trickle down to train first responders, who knows? Probably depends on the area and the integrity of those getting the grants.
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
Just like 9/11 took the Mafia off the FBIs radar, focusing on 'gun' crime will lower the effort spent on crimes committed with knives, bats, chainsaws, etc. Not a useful strategy and simply demonizes firearms even more.
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
This one is ugly... Notice that they aren't supposed to research violence, but 'gun' violence.
Congress put a stop to this kind of politically driven pseudo-science after Dr. Mark Rosenberg, who was then director of the National Center for Injury Prevention and Control at the CDC, explained his aim was to make the public see firearms as âdirty, deadlyâand banned".
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.
All the high tech ways we can make your next firearm cost the same as a new car. That should cut down on ownership rates.
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
...And putting the answers in your permanent medical records, which thanks to #2 means that it now becomes part of public record and you can be one of Mr. Holders new 'categories' (see #4).
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
Kind of like the FFL letter, until we see the wording it's hard to figure out what this means. Taken at face value, it's something every doctor should already know.
18. Provide incentives for schools to hire school resource officers.
This would sit better if they (Congress and the administration) hadn't eliminated the COPS program last year that did exactly that.
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.
Sounds like Duck and Cover v2.0. Does anyone believe that armed response, the most effective deterrent, will even be mentioned here?
20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.
22. Commit to finalizing mental health parity regulations.
Depending on how these are handled, they could be part of another issue (mandatory health care), but the fact they are mentioned in reference to 'gun' violence tells me that they will have an impact on our rights.
For example, relatively benign conditions could be classified together with more violent ones, resulting in a much wider 'category' for Mr. Holder (back in #4) to use as reasons to fail a NICs check.
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.
Tell the shrinks what we expect to see on the forms required for mandatory health, and coach them on how to play the game if they want government grants.
Unfortunately, executive orders are almost never challenged directly. That may change here, but the only real way to get rid of them if for Congress to specifically overrode them in law.
The divided Congress that is probably saving us from gun ban legislation is also not going to be able to pass anything directly contradicting the Presidents orders. It looks like we're stuck with these until the next election, at best.
That being said, some of these are time-bombs, and will need to be watched closely. The House still has the budget stick, and can get some of these worded in ways that could be acceptable.
All this makes it more important than ever to get out there and let our reps know that we will not stand for any new legislation on this subject, and that we will remember their actions next year during mid-terms.
1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system
This means any list the government has can be added to the NICs check system. It'll start with inaccurate but somewhat justifiable ones like the 'terrorist watch' list, but tied in with other exec orders, that'll expand quickly.
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.
Barriers such as doctor-patient confidentiality and HIPPA privacy disclosure rules. Basically, if any government entity finds out that you ever had anything that could be construed as a mental health issue, it can go into the NICs system.
3. Improve incentives for states to share information with the background check system.
Bribe them to go along
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.
Felons, domestic abusers and mentally incapacitated are the 'categories' in the actual law. What 'additional' categories will Mr. Holder define on his own? GOP members, NRA members, Libertarians?
OK... seriously, how about any returning vets due to 'potential PTSD', something happening individually now already?
5. Propose rule-making to give law enforcement the ability to run a full background check on an individual before returning a seized gun.
If they are returning a seized firearm, it's because the person was found 'not guilty' of the charges, was not charged, and is not a prohibited person. This simply sounds like a way to drag out the process as long as possible and make it as painful as they can.
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
This will be interesting down the road, since FFLs obviously charge for this 'requirement'. Will that change? Will there be a flat-rate? A free check? Will a carry license still be OK to bypass? Since we have no idea on the letters content, it's impossible to say what effect this will have, if any.
7. Launch a national safe and responsible gun ownership campaign.
Kickback to their friends in the media, and direct funding for Brady, VPC, MAIG, etc.
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).
You can see this coming... there are no locks that can't be defeated, so there's no 'safe storage' possible for firearms. Homes with children (one of the categories?) can't be allowed to have firearms in them since there's no safe way to keep the kids out of the guns.
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
Part of their commitment to scientific finger pointing... Should chew up enough police man-hours to offset any additional spending on public safety.
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.
They already know what they want this report to say... this is to back the criminalization of not reporting lost or stolen firearms within a certain period (probably 24 hours).
11. Nominate an ATF director.
They are pushing this, since an 'acting director' doesn't have much clout internally. B. Todd Jones (the nominee) has never met a gun control law he didn't like, and was responsible for an ominous 'chain of command' memo leaked after the Fast and Furious scandal broke.
Also, the administration can't really use the ATF to full effect if Congress has the nomination 'held hostage' for good behavior. If he is confirmed, expect to see a rash of 'sporting purposes' decisions no matter what.
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.
Bribe for the police chiefs and principals. How much will actually trickle down to train first responders, who knows? Probably depends on the area and the integrity of those getting the grants.
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
Just like 9/11 took the Mafia off the FBIs radar, focusing on 'gun' crime will lower the effort spent on crimes committed with knives, bats, chainsaws, etc. Not a useful strategy and simply demonizes firearms even more.
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
This one is ugly... Notice that they aren't supposed to research violence, but 'gun' violence.
Congress put a stop to this kind of politically driven pseudo-science after Dr. Mark Rosenberg, who was then director of the National Center for Injury Prevention and Control at the CDC, explained his aim was to make the public see firearms as âdirty, deadlyâand banned".
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.
All the high tech ways we can make your next firearm cost the same as a new car. That should cut down on ownership rates.
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
...And putting the answers in your permanent medical records, which thanks to #2 means that it now becomes part of public record and you can be one of Mr. Holders new 'categories' (see #4).
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
Kind of like the FFL letter, until we see the wording it's hard to figure out what this means. Taken at face value, it's something every doctor should already know.
18. Provide incentives for schools to hire school resource officers.
This would sit better if they (Congress and the administration) hadn't eliminated the COPS program last year that did exactly that.
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.
Sounds like Duck and Cover v2.0. Does anyone believe that armed response, the most effective deterrent, will even be mentioned here?
20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.
22. Commit to finalizing mental health parity regulations.
Depending on how these are handled, they could be part of another issue (mandatory health care), but the fact they are mentioned in reference to 'gun' violence tells me that they will have an impact on our rights.
For example, relatively benign conditions could be classified together with more violent ones, resulting in a much wider 'category' for Mr. Holder (back in #4) to use as reasons to fail a NICs check.
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.
Tell the shrinks what we expect to see on the forms required for mandatory health, and coach them on how to play the game if they want government grants.
Unfortunately, executive orders are almost never challenged directly. That may change here, but the only real way to get rid of them if for Congress to specifically overrode them in law.
The divided Congress that is probably saving us from gun ban legislation is also not going to be able to pass anything directly contradicting the Presidents orders. It looks like we're stuck with these until the next election, at best.
That being said, some of these are time-bombs, and will need to be watched closely. The House still has the budget stick, and can get some of these worded in ways that could be acceptable.
All this makes it more important than ever to get out there and let our reps know that we will not stand for any new legislation on this subject, and that we will remember their actions next year during mid-terms.
