"Common Sense" Gun Control

Quantum Windbag

Gold Member
May 9, 2010
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I thought I would take the time to point out why Obama's ideas of common sense do not mesh with the reality of the world.

Here is a summation of each of the executive orders that he signed today.

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.​
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.​
3. Improve incentives for states to share information with the background check system.​
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.​
5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.​
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.​
7. Launch a national safe and responsible gun ownership campaign.​
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).​
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.​
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.​
11. Nominate an ATF director.​
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.​
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.​
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
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
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.​
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.​
18. Provide incentives for schools to hire school resource officers.​
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.​
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.​
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.​

Read President Obama's New, Proposed Executive Orders and Legislation on Guns

Now let us see how common sense they are.


  1. We have had background checks for decades, for as long as I can remember, which is a lot longer than I care to admit. If the government hasn't figured out how to share the necessary data yet, this is not going to fix it. If they have, why haven't they been doing this already?
  2. First off, legal barriers cannot be eliminated by executive decree. Second, those barriers are there to protect the privacy of people who have not broken any laws. Third, the reason it was necessary to create those barriers was that the government requires people to violate their own right to privacy to in the first place.
  3. Improve the incentives for states, AKA bribe them with tax money. Once again, this has to come from Congress, he can't just decide to spend money because he wants to spend money. By the way, if the states haven't already jumped on the bandwagon despite the decades of federal bribery what makes Obama think a few billion more is going to make a difference?
  4. Direct the AG to review categories of people... People come in categories now? How many categories exist? What are they? What if someone walks into the wrong category?
  5. Propose new rules. Something he can actually do, except I see no reason anyone should have to submit to a check if the government illegally seizes their property. What was that? You don't see anything about illegal seizure of property? Simple question, if the seizure was legal in the first place, why do the assholes have to return it?
  6. Have the ATF write a letter. Let me repeat that, have the ATF write a letter. A-fucking-mazing, why didn't I think of that?
  7. A national safe and responsible gun ownership program. What should we call it? How about the NRA?
  8. Have the CSPC review standards for gun locks and safes. Why, have they proven to be defective? Are people accidentally firing gun safes and killing their children? Maybe they put the gun lock on their car by mistake?
  9. Require federal law enforcement to trace guns recovered in criminal investigations. Excuse me? Are we not doing this now? Why do we have serial numbers on guns? Who the fuck does he think he is talking to?
  10. Release a report on lost and stolen guns and make it available to law enforcement. That one speaks for itself, doesn't it? Can anyone explain why we kept the report classified in the first place?
  11. Nominate an ATF director. Gee willikers Wally, what a novel idea. I thought that was what he did with Todd Jones two years ago, I must be remembering wrong.
  12. Train police for active shooter situations. Umm, what?
  13. Start enforcing the existing laws. Gee, I wonder why no one ever suggested that before.
  14. Direct the CDC to investigate gun violence. This is probably the worst of the lot, violence is not a disease, and asking the CDC to investigate it as such is nothing but propaganda. They don't know enough about criminology to study the issue, if he was serious about it he would give this to the FBI, but they might come up with a solution that does not involve banning guns.
  15. Have the Attorney General tell the private sector all about the stuff the private sector invented. I am speechless.
  16. Tell people what they already know, Obamacare lets doctors ask questions about things that have nothing to do with health care, which will allow states to report who has guns. (See number 2)
  17. Tell doctors that federal law lets them report threats of violence, even if they are not credible.
  18. Give money to schools to hire armed guards. I thought this was a dumb idea because it came from the NRA.
  19. Centrally pan for emergencies so that people who actually know what the local problems are have no say.
  20. Write a letter to states about Medicaid, because they, obviously, never heard of it before.
  21. Make Obamacare more complicated by making up new rules about mental health coverage.
  22. Commit to making final regulations about mental health parity. Weren't those supposed to be done last year?
  23. Talk about mental health on a national level, because no one has ever talked about it before.
No common sense, no serious attempt to determine what the problem is, nothing but the intent to make things better through conversation and a commitment to get the job done.


I don't know about anyone else, but I feel so much better.


 
See the problem is that you have a whiney text wall, kiss

oU05W.jpg
 
I thought I would take the time to point out why Obama's ideas of common sense do not mesh with the reality of the world.

Here is a summation of each of the executive orders that he signed today.

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.​
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.​
3. Improve incentives for states to share information with the background check system.​
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.​
5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.​
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.​
7. Launch a national safe and responsible gun ownership campaign.​
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).​
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.​
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.​
11. Nominate an ATF director.​
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.​
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.​
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
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
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.​
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.​
18. Provide incentives for schools to hire school resource officers.​
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.​
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.​
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.​
Read President Obama's New, Proposed Executive Orders and Legislation on Guns

Now let us see how common sense they are.


  1. We have had background checks for decades, for as long as I can remember, which is a lot longer than I care to admit. If the government hasn't figured out how to share the necessary data yet, this is not going to fix it. If they have, why haven't they been doing this already?
  2. First off, legal barriers cannot be eliminated by executive decree. Second, those barriers are there to protect the privacy of people who have not broken any laws. Third, the reason it was necessary to create those barriers was that the government requires people to violate their own right to privacy to in the first place.
  3. Improve the incentives for states, AKA bribe them with tax money. Once again, this has to come from Congress, he can't just decide to spend money because he wants to spend money. By the way, if the states haven't already jumped on the bandwagon despite the decades of federal bribery what makes Obama think a few billion more is going to make a difference?
  4. Direct the AG to review categories of people... People come in categories now? How many categories exist? What are they? What if someone walks into the wrong category?
  5. Propose new rules. Something he can actually do, except I see no reason anyone should have to submit to a check if the government illegally seizes their property. What was that? You don't see anything about illegal seizure of property? Simple question, if the seizure was legal in the first place, why do the assholes have to return it?
  6. Have the ATF write a letter. Let me repeat that, have the ATF write a letter. A-fucking-mazing, why didn't I think of that?
  7. A national safe and responsible gun ownership program. What should we call it? How about the NRA?
  8. Have the CSPC review standards for gun locks and safes. Why, have they proven to be defective? Are people accidentally firing gun safes and killing their children? Maybe they put the gun lock on their car by mistake?
  9. Require federal law enforcement to trace guns recovered in criminal investigations. Excuse me? Are we not doing this now? Why do we have serial numbers on guns? Who the fuck does he think he is talking to?
  10. Release a report on lost and stolen guns and make it available to law enforcement. That one speaks for itself, doesn't it? Can anyone explain why we kept the report classified in the first place?
  11. Nominate an ATF director. Gee willikers Wally, what a novel idea. I thought that was what he did with Todd Jones two years ago, I must be remembering wrong.
  12. Train police for active shooter situations. Umm, what?
  13. Start enforcing the existing laws. Gee, I wonder why no one ever suggested that before.
  14. Direct the CDC to investigate gun violence. This is probably the worst of the lot, violence is not a disease, and asking the CDC to investigate it as such is nothing but propaganda. They don't know enough about criminology to study the issue, if he was serious about it he would give this to the FBI, but they might come up with a solution that does not involve banning guns.
  15. Have the Attorney General tell the private sector all about the stuff the private sector invented. I am speechless.
  16. Tell people what they already know, Obamacare lets doctors ask questions about things that have nothing to do with health care, which will allow states to report who has guns. (See number 2)
  17. Tell doctors that federal law lets them report threats of violence, even if they are not credible.
  18. Give money to schools to hire armed guards. I thought this was a dumb idea because it came from the NRA.
  19. Centrally pan for emergencies so that people who actually know what the local problems are have no say.
  20. Write a letter to states about Medicaid, because they, obviously, never heard of it before.
  21. Make Obamacare more complicated by making up new rules about mental health coverage.
  22. Commit to making final regulations about mental health parity. Weren't those supposed to be done last year?
  23. Talk about mental health on a national level, because no one has ever talked about it before.
No common sense, no serious attempt to determine what the problem is, nothing but the intent to make things better through conversation and a commitment to get the job done.


I don't know about anyone else, but I feel so much better.
For the progressives. Having gone through the list, point out the ones that would have, or will stop another Newtown.....

Be very specific on how this will stop a criminal bent on killing a room full of kids.
 
You might be limited to 5 rounds on that hunting rifle, but you can buy a 30 round magazine for the bottom one. Which weapon could go into a room of 15 people and kill them all?

both

If someone shoots 5 people, why are the other 10 just going to stand there and let him reload?


yep... or do you really think 10 5 year olds are going to do something?


or are you missing the idea of 5 guns, five shots each..... no reloading required.
 
Rambos don't like the top one...

Dems don't like to be reminded that the top one is capable of the same damage as the bottom one...

You might be limited to 5 rounds on that hunting rifle, but you can buy a 30 round magazine for the bottom one. Which weapon could go into a room of 15 people and kill them all?

Both rifles are hunting rifles dumb ass.
Why do you hate black? are you hiding the fact that you are a racist piece of shit?
Gun control history has always been pushed by racist going all the way back too the klan.
 
I thought I would take the time to point out why Obama's ideas of common sense do not mesh with the reality of the world.

Here is a summation of each of the executive orders that he signed today.

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.​
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.​
3. Improve incentives for states to share information with the background check system.​
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.​
5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.​
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.​
7. Launch a national safe and responsible gun ownership campaign.​
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).​
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.​
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.​
11. Nominate an ATF director.​
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.​
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.​
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
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
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.​
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.​
18. Provide incentives for schools to hire school resource officers.​
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.​
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.​
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.​
Read President Obama's New, Proposed Executive Orders and Legislation on Guns

Now let us see how common sense they are.


  1. We have had background checks for decades, for as long as I can remember, which is a lot longer than I care to admit. If the government hasn't figured out how to share the necessary data yet, this is not going to fix it. If they have, why haven't they been doing this already?
  2. First off, legal barriers cannot be eliminated by executive decree. Second, those barriers are there to protect the privacy of people who have not broken any laws. Third, the reason it was necessary to create those barriers was that the government requires people to violate their own right to privacy to in the first place.
  3. Improve the incentives for states, AKA bribe them with tax money. Once again, this has to come from Congress, he can't just decide to spend money because he wants to spend money. By the way, if the states haven't already jumped on the bandwagon despite the decades of federal bribery what makes Obama think a few billion more is going to make a difference?
  4. Direct the AG to review categories of people... People come in categories now? How many categories exist? What are they? What if someone walks into the wrong category?
  5. Propose new rules. Something he can actually do, except I see no reason anyone should have to submit to a check if the government illegally seizes their property. What was that? You don't see anything about illegal seizure of property? Simple question, if the seizure was legal in the first place, why do the assholes have to return it?
  6. Have the ATF write a letter. Let me repeat that, have the ATF write a letter. A-fucking-mazing, why didn't I think of that?
  7. A national safe and responsible gun ownership program. What should we call it? How about the NRA?
  8. Have the CSPC review standards for gun locks and safes. Why, have they proven to be defective? Are people accidentally firing gun safes and killing their children? Maybe they put the gun lock on their car by mistake?
  9. Require federal law enforcement to trace guns recovered in criminal investigations. Excuse me? Are we not doing this now? Why do we have serial numbers on guns? Who the fuck does he think he is talking to?
  10. Release a report on lost and stolen guns and make it available to law enforcement. That one speaks for itself, doesn't it? Can anyone explain why we kept the report classified in the first place?
  11. Nominate an ATF director. Gee willikers Wally, what a novel idea. I thought that was what he did with Todd Jones two years ago, I must be remembering wrong.
  12. Train police for active shooter situations. Umm, what?
  13. Start enforcing the existing laws. Gee, I wonder why no one ever suggested that before.
  14. Direct the CDC to investigate gun violence. This is probably the worst of the lot, violence is not a disease, and asking the CDC to investigate it as such is nothing but propaganda. They don't know enough about criminology to study the issue, if he was serious about it he would give this to the FBI, but they might come up with a solution that does not involve banning guns.
  15. Have the Attorney General tell the private sector all about the stuff the private sector invented. I am speechless.
  16. Tell people what they already know, Obamacare lets doctors ask questions about things that have nothing to do with health care, which will allow states to report who has guns. (See number 2)
  17. Tell doctors that federal law lets them report threats of violence, even if they are not credible.
  18. Give money to schools to hire armed guards. I thought this was a dumb idea because it came from the NRA.
  19. Centrally pan for emergencies so that people who actually know what the local problems are have no say.
  20. Write a letter to states about Medicaid, because they, obviously, never heard of it before.
  21. Make Obamacare more complicated by making up new rules about mental health coverage.
  22. Commit to making final regulations about mental health parity. Weren't those supposed to be done last year?
  23. Talk about mental health on a national level, because no one has ever talked about it before.
No common sense, no serious attempt to determine what the problem is, nothing but the intent to make things better through conversation and a commitment to get the job done.


I don't know about anyone else, but I feel so much better.
For the progressives. Having gone through the list, point out the ones that would have, or will stop another Newtown.....

Be very specific on how this will stop a criminal bent on killing a room full of kids.


For the benefit of the low information voters...those are NOT Executive Orders. That's a list things he INTENDS to do, a plan of action, most of which will be accomplished without an EO.

Yesterday, he acted upon items 1, 3 and 9 by issuing two Presidential Memorandum, which again are NOT Executive Orders and well within his Constitutional authority.

I will post them both next, then you can tell me what's wrong with them.
 
Presidential Memorandum -- Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System
Since it became operational in 1998, the National Instant Criminal Background Check System (NICS) has been an essential tool in the effort to ensure that individuals who are prohibited under Federal or State law from possessing firearms do not acquire them from Federal Firearms Licensees (FFLs). The ability of the NICS to determine quickly and effectively whether an individual is prohibited from possessing or receiving a firearm depends on the completeness and accuracy of the information made available to it by Federal, State, and tribal authorities.
The NICS Improvement Amendments Act of 2007 (NIAA) (Public Law 110-180) was a bipartisan effort to strengthen the NICS by increasing the quantity and quality of relevant records from Federal, State, and tribal authorities accessible by the system. Among its requirements, the NIAA mandated that executive departments and agencies (agencies) provide relevant information, including criminal history records, certain adjudications related to the mental health of a person, and other information, to databases accessible by the NICS. Much progress has been made to identify information generated by agencies that is relevant to determining whether a person is prohibited from receiving or possessing firearms, but more must be done. Greater participation by agencies in identifying records they possess that are relevant to determining whether an individual is prohibited from possessing a firearm and a regularized process for submitting those records to the NICS will strengthen the accuracy and efficiency of the NICS, increasing public safety by keeping guns out of the hands of persons who cannot lawfully possess them.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section 1. Improving the Availability of Records to the NICS. (a) Within 45 days of the date of this memorandum, and consistent with the process described in section 3 of this memorandum, the Department of Justice (DOJ) shall issue guidance to agencies regarding the identification and sharing of relevant Federal records and their submission to the NICS.
(b) Within 60 days of issuance of guidance pursuant to subsection (a) of this section, agencies shall submit a report to DOJ advising whether they possess relevant records, as set forth in the guidance, and setting forth an implementation plan for making information in those records available to the NICS, consistent with applicable law.
(c) In accordance with the authority and responsibility provided to the Attorney General by the Brady Handgun Violence Prevention Act (Public Law 103-159), as amended, the Attorney General, consistent with the process described in section 3 of this memorandum, shall resolve any disputes concerning whether agency records are relevant and should be made available to the NICS.
(d) To the extent they possess relevant records, as set forth in the guidance issued pursuant to subsection (a) of this section, agencies shall prioritize making those records available to the NICS on a regular and ongoing basis.
Sec. 2. Measuring Progress. (a) By October 1, 2013, and annually thereafter, agencies that possess relevant records shall submit a report to the President through the Attorney General describing:
(i) the relevant records possessed by the agency that can be shared with the NICS consistent with applicable law;
(ii) the number of those records submitted to databases accessible by the NICS during each reporting period;
(iii) the efforts made to increase the percentage of relevant records possessed by the agency that are submitted to databases accessible by the NICS;
(iv) any obstacles to increasing the percentage of records that are submitted to databases accessible by the NICS;
(v) for agencies that make qualifying adjudications related to the mental health of a person, the measures put in place to provide notice and programs for relief from disabilities as required under the NIAA;
(vi) the measures put in place to correct, modify, or remove records accessible by the NICS when the basis under which the record was made available no longer applies; and
(vii) additional steps that will be taken within 1 year of the report to improve the processes by which records are identified, made accessible, and corrected, modified, or removed.
(b) If an agency certifies in its annual report that it has made available to the NICS its relevant records that can be shared consistent with applicable law, and describes its plan to make new records available to the NICS and to update, modify, or remove existing records electronically no less often than quarterly as required by the NIAA, such agency will not be required to submit further annual reports. Instead, the agency will be required to submit an annual certification to DOJ, attesting that the agency continues to submit relevant records and has corrected, modified, or removed appropriate records.
Sec. 3. NICS Consultation and Coordination Working Group. To ensure adequate agency input in the guidance required by section 1(a) of this memorandum, subsequent decisions about whether an agency possesses relevant records, and determinations concerning whether relevant records should be provided to the NICS, there is established a NICS Consultation and Coordination Working Group (Working Group), to be chaired by the Attorney General or his designee.
(a) Membership. In addition to the Chair, the Working Group shall consist of representatives of the following agencies:
(i) the Department of Defense;
(ii) the Department of Health and Human Services;
(iii) the Department of Transportation;
(iv) the Department of Veterans Affairs;
(v) the Department of Homeland Security;
(vi) the Social Security Administration;
(vii) the Office of Personnel Management;
(viii) the Office of Management and Budget; and
(ix) such other agencies or offices as the Chair may designate.
(b) Functions. The Working Group shall convene regularly and as needed to allow for consultation and coordination between DOJ and agencies affected by the Attorney General's implementation of the NIAA, including with respect to the guidance required by section 1(a) of this memorandum, subsequent decisions about whether an agency possesses relevant records, and determinations concerning whether relevant records should be provided to the NICS. The Working Group may also consider, as appropriate:
(i) developing means and methods for identifying agency records deemed relevant by DOJ's guidance;
(ii) addressing obstacles faced by agencies in making their relevant records available to the NICS;
(iii) implementing notice and relief from disabilities programs; and
(iv) ensuring means to correct, modify, or remove records when the basis under which the record was made available no longer applies.
(c) Reporting. The Working Group will review the annual reports required by section 2(a) of this memorandum, and member agencies may append to the reports any material they deem appropriate, including an identification of any agency best practices that may be of assistance to States in supplying records to the NICS.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) Independent agencies are strongly encouraged to comply with the requirements of this memorandum.
Sec. 5. Publication. The Attorney General is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA


Presidential Memorandum -- Tracing of Firearms in Connection with Criminal Investigations

January 16, 2013
*
*
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
*
SUBJECT: Tracing of Firearms in Connection with Criminal Investigations
*
*
Reducing violent crime, and gun-related crime in particular, is a top priority of my Administration. A key component of this effort is ensuring that law enforcement agencies at all levels -- Federal, State, and local -- utilize those tools that have proven most effective. One such tool is firearms tracing, which significantly assists law enforcement in reconstructing the transfer and movement of seized or recovered firearms. Responsibility for conducting firearms tracing rests with the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Over the years, firearms tracing has significantly assisted law enforcement in solving violent crimes and generating thousands of leads that may otherwise not have been available.
*
Firearms tracing provides two principal benefits. First, tracing is an important investigative tool in individual cases, providing law enforcement agents with critical information that may lead to the apprehension of suspects, the recovery of other guns used in the commission of crimes, and the identification of potential witnesses, among other things. Second, analysis of tracing data in the aggregate provides valuable intelligence about local, regional, and national patterns relating to the movement and sources of guns used in the commission of crimes, which is useful for the effective deployment of law enforcement resources and development of enforcement strategies. Firearms tracing is a particularly valuable tool in detecting and investigating firearms trafficking, and has been deployed to help combat the pernicious problem of firearms trafficking across the Southwest border.
*
The effectiveness of firearms tracing as a law enforcement intelligence tool depends on the quantity and quality of information and trace requests submitted to ATF. In fiscal year 2012, ATF processed approximately 345,000 crime-gun trace requests for thousands of domestic and international law enforcement agencies. The Federal Government can encourage State and local law enforcement agencies to take advantage of the benefits of tracing all recovered firearms, but Federal law enforcement agencies should have an obligation to do so. If Federal law enforcement agencies do not conscientiously trace every firearm taken into custody, they may not only be depriving themselves of critical information in specific cases, but may also be depriving all Federal, State, and local agencies of the value of complete information for aggregate analyses. *
*
Maximizing the effectiveness of firearms tracing, and the corresponding impact on combating violent crimes involving firearms, requires that Federal law enforcement agencies trace all recovered firearms taken into Federal custody in a timely and efficient manner.
*
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
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Section 1. Firearms Tracing. (a) Federal law enforcement agencies shall ensure that all firearms recovered after the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF at the earliest time practicable. Federal law enforcement agencies, as well as other executive departments and agencies, are encouraged, to the extent practicable, to take steps to ensure that firearms recovered prior to the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF.
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(b) Within 30 days of the date of this memorandum, ATF will issue guidance to Federal law enforcement agencies on submitting firearms trace requests.
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(c) Within 60 days of the date of this memorandum, Federal law enforcement agencies shall ensure that their operational protocols reflect the requirement to trace recovered firearms through ATF.
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(d) Within 90 days of the date of this memorandum, each Federal law enforcement agency shall submit a report to the Attorney General affirming that its operational protocols reflect the requirements set forth in this memorandum.
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(e) For purposes of this memorandum, "Federal law enforcement agencies" means the Departments of State, the Treasury, Defense, Justice, the Interior, Agriculture, Energy, Veterans Affairs, and Homeland Security, and such other agencies and offices that regularly recover firearms in the course of their criminal investigations as the President may designate.
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Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to a department or agency, or the head thereof.
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(b) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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Sec. 3. Publication. The Attorney General is authorized and directed to publish this memorandum in the Federal Register.
*
BARACK OBAMA

Presidential Memoranda | The White House
 
Presidential Memorandum -- Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System
Since it became operational in 1998, the National Instant Criminal Background Check System (NICS) has been an essential tool in the effort to ensure that individuals who are prohibited under Federal or State law from possessing firearms do not acquire them from Federal Firearms Licensees (FFLs). The ability of the NICS to determine quickly and effectively whether an individual is prohibited from possessing or receiving a firearm depends on the completeness and accuracy of the information made available to it by Federal, State, and tribal authorities.
The NICS Improvement Amendments Act of 2007 (NIAA) (Public Law 110-180) was a bipartisan effort to strengthen the NICS by increasing the quantity and quality of relevant records from Federal, State, and tribal authorities accessible by the system. Among its requirements, the NIAA mandated that executive departments and agencies (agencies) provide relevant information, including criminal history records, certain adjudications related to the mental health of a person, and other information, to databases accessible by the NICS. Much progress has been made to identify information generated by agencies that is relevant to determining whether a person is prohibited from receiving or possessing firearms, but more must be done. Greater participation by agencies in identifying records they possess that are relevant to determining whether an individual is prohibited from possessing a firearm and a regularized process for submitting those records to the NICS will strengthen the accuracy and efficiency of the NICS, increasing public safety by keeping guns out of the hands of persons who cannot lawfully possess them.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section 1. Improving the Availability of Records to the NICS. (a) Within 45 days of the date of this memorandum, and consistent with the process described in section 3 of this memorandum, the Department of Justice (DOJ) shall issue guidance to agencies regarding the identification and sharing of relevant Federal records and their submission to the NICS.
(b) Within 60 days of issuance of guidance pursuant to subsection (a) of this section, agencies shall submit a report to DOJ advising whether they possess relevant records, as set forth in the guidance, and setting forth an implementation plan for making information in those records available to the NICS, consistent with applicable law.
(c) In accordance with the authority and responsibility provided to the Attorney General by the Brady Handgun Violence Prevention Act (Public Law 103-159), as amended, the Attorney General, consistent with the process described in section 3 of this memorandum, shall resolve any disputes concerning whether agency records are relevant and should be made available to the NICS.
(d) To the extent they possess relevant records, as set forth in the guidance issued pursuant to subsection (a) of this section, agencies shall prioritize making those records available to the NICS on a regular and ongoing basis.
Sec. 2. Measuring Progress. (a) By October 1, 2013, and annually thereafter, agencies that possess relevant records shall submit a report to the President through the Attorney General describing:
(i) the relevant records possessed by the agency that can be shared with the NICS consistent with applicable law;
(ii) the number of those records submitted to databases accessible by the NICS during each reporting period;
(iii) the efforts made to increase the percentage of relevant records possessed by the agency that are submitted to databases accessible by the NICS;
(iv) any obstacles to increasing the percentage of records that are submitted to databases accessible by the NICS;
(v) for agencies that make qualifying adjudications related to the mental health of a person, the measures put in place to provide notice and programs for relief from disabilities as required under the NIAA;
(vi) the measures put in place to correct, modify, or remove records accessible by the NICS when the basis under which the record was made available no longer applies; and
(vii) additional steps that will be taken within 1 year of the report to improve the processes by which records are identified, made accessible, and corrected, modified, or removed.
(b) If an agency certifies in its annual report that it has made available to the NICS its relevant records that can be shared consistent with applicable law, and describes its plan to make new records available to the NICS and to update, modify, or remove existing records electronically no less often than quarterly as required by the NIAA, such agency will not be required to submit further annual reports. Instead, the agency will be required to submit an annual certification to DOJ, attesting that the agency continues to submit relevant records and has corrected, modified, or removed appropriate records.
Sec. 3. NICS Consultation and Coordination Working Group. To ensure adequate agency input in the guidance required by section 1(a) of this memorandum, subsequent decisions about whether an agency possesses relevant records, and determinations concerning whether relevant records should be provided to the NICS, there is established a NICS Consultation and Coordination Working Group (Working Group), to be chaired by the Attorney General or his designee.
(a) Membership. In addition to the Chair, the Working Group shall consist of representatives of the following agencies:
(i) the Department of Defense;
(ii) the Department of Health and Human Services;
(iii) the Department of Transportation;
(iv) the Department of Veterans Affairs;
(v) the Department of Homeland Security;
(vi) the Social Security Administration;
(vii) the Office of Personnel Management;
(viii) the Office of Management and Budget; and
(ix) such other agencies or offices as the Chair may designate.
(b) Functions. The Working Group shall convene regularly and as needed to allow for consultation and coordination between DOJ and agencies affected by the Attorney General's implementation of the NIAA, including with respect to the guidance required by section 1(a) of this memorandum, subsequent decisions about whether an agency possesses relevant records, and determinations concerning whether relevant records should be provided to the NICS. The Working Group may also consider, as appropriate:
(i) developing means and methods for identifying agency records deemed relevant by DOJ's guidance;
(ii) addressing obstacles faced by agencies in making their relevant records available to the NICS;
(iii) implementing notice and relief from disabilities programs; and
(iv) ensuring means to correct, modify, or remove records when the basis under which the record was made available no longer applies.
(c) Reporting. The Working Group will review the annual reports required by section 2(a) of this memorandum, and member agencies may append to the reports any material they deem appropriate, including an identification of any agency best practices that may be of assistance to States in supplying records to the NICS.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) Independent agencies are strongly encouraged to comply with the requirements of this memorandum.
Sec. 5. Publication. The Attorney General is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA


Presidential Memorandum -- Tracing of Firearms in Connection with Criminal Investigations

January 16, 2013
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MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
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SUBJECT: Tracing of Firearms in Connection with Criminal Investigations
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Reducing violent crime, and gun-related crime in particular, is a top priority of my Administration. A key component of this effort is ensuring that law enforcement agencies at all levels -- Federal, State, and local -- utilize those tools that have proven most effective. One such tool is firearms tracing, which significantly assists law enforcement in reconstructing the transfer and movement of seized or recovered firearms. Responsibility for conducting firearms tracing rests with the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Over the years, firearms tracing has significantly assisted law enforcement in solving violent crimes and generating thousands of leads that may otherwise not have been available.
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Firearms tracing provides two principal benefits. First, tracing is an important investigative tool in individual cases, providing law enforcement agents with critical information that may lead to the apprehension of suspects, the recovery of other guns used in the commission of crimes, and the identification of potential witnesses, among other things. Second, analysis of tracing data in the aggregate provides valuable intelligence about local, regional, and national patterns relating to the movement and sources of guns used in the commission of crimes, which is useful for the effective deployment of law enforcement resources and development of enforcement strategies. Firearms tracing is a particularly valuable tool in detecting and investigating firearms trafficking, and has been deployed to help combat the pernicious problem of firearms trafficking across the Southwest border.
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The effectiveness of firearms tracing as a law enforcement intelligence tool depends on the quantity and quality of information and trace requests submitted to ATF. In fiscal year 2012, ATF processed approximately 345,000 crime-gun trace requests for thousands of domestic and international law enforcement agencies. The Federal Government can encourage State and local law enforcement agencies to take advantage of the benefits of tracing all recovered firearms, but Federal law enforcement agencies should have an obligation to do so. If Federal law enforcement agencies do not conscientiously trace every firearm taken into custody, they may not only be depriving themselves of critical information in specific cases, but may also be depriving all Federal, State, and local agencies of the value of complete information for aggregate analyses. *
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Maximizing the effectiveness of firearms tracing, and the corresponding impact on combating violent crimes involving firearms, requires that Federal law enforcement agencies trace all recovered firearms taken into Federal custody in a timely and efficient manner.
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Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
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Section 1. Firearms Tracing. (a) Federal law enforcement agencies shall ensure that all firearms recovered after the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF at the earliest time practicable. Federal law enforcement agencies, as well as other executive departments and agencies, are encouraged, to the extent practicable, to take steps to ensure that firearms recovered prior to the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF.
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(b) Within 30 days of the date of this memorandum, ATF will issue guidance to Federal law enforcement agencies on submitting firearms trace requests.
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(c) Within 60 days of the date of this memorandum, Federal law enforcement agencies shall ensure that their operational protocols reflect the requirement to trace recovered firearms through ATF.
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(d) Within 90 days of the date of this memorandum, each Federal law enforcement agency shall submit a report to the Attorney General affirming that its operational protocols reflect the requirements set forth in this memorandum.
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(e) For purposes of this memorandum, "Federal law enforcement agencies" means the Departments of State, the Treasury, Defense, Justice, the Interior, Agriculture, Energy, Veterans Affairs, and Homeland Security, and such other agencies and offices that regularly recover firearms in the course of their criminal investigations as the President may designate.
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Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to a department or agency, or the head thereof.
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(b) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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Sec. 3. Publication. The Attorney General is authorized and directed to publish this memorandum in the Federal Register.
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BARACK OBAMA

Presidential Memoranda | The White House

Will Not Comply
 
You might be limited to 5 rounds on that hunting rifle, but you can buy a 30 round magazine for the bottom one. Which weapon could go into a room of 15 people and kill them all?

both

If someone shoots 5 people, why are the other 10 just going to stand there and let him reload?

Probably.

But as I said one can buy a 10, 20, or 30 round mag for either rifle.

I can tape two 10 round mags together and still fire 20 rounds almost as fast as one person can empty one 20 round mag.
 
So if these ideas aren't worth a damn, let's hear your common sense solutions.
 

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