Obama’s Chief of Staff Promises ‘Audacious Executive Action’ in Final Year

www.nationalreview.com

White House chief of staff Denis McDonough pushed back against the notion his president is played out in the wake of his last State of the Union address, promising “audacious executive action” in Barack Obama’s final year in office.

During a breakfast with reporters in Washington, D.C., on Tuesday, McDonough responded to the observation that the president’s final speech before Congress lacked the usual pledge to “go it alone” if lawmakers failed to act. Coupled with the feeble executive actions on gun control announced earlier this month, had President Obama rethought the utility of acting unilaterally on issues important to the White House?

“We’ll do audacious executive action over the course of the rest of the year, I’m confident of that,” said McDonough, explaining that President Obama’s decision not to outline specific executive actions was more about a commitment to process than a lack of willpower.

“Process is your friend, but process also dictates what you can do,” McDonough said. “And we do want to make sure that the executive actions we undertake are not left hanging out there, subject to Congress undoing them.”

In addition to gun control, the White House has expressed interest in further unilateral actions on immigration reform, and in working around Congress to close the prison in Guantanamo Bay. But McDonough said the White House is considering executive action on any and all issues, and that the main question President Obama plans to ask himself is “Why not?”

“And so that’s the spirit through which we’ll approach this last year,” McDonough said.

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BREAKING NEW ATF NFA RULE CHANGE 6JAN16

THIS IS VERY DANGEROUS AND ILLEGAL. CLEAR VIOLATION OF THE CONSTITUTION.

THE NATIONAL FIREARMS ACT (NFA).

This was released to day relative to the 41P NFA Trusts ruling. See link below for details on the ruling.

Building an AK from parts requires no background checks or serial numbers. Bryan Schatz. http://m.motherjones.com/politics/2013/05/ak-47-semi-automatic-rifle-building-party

Link on how to make a gun simsmm

SUMMARY: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act (NFA). This final rule defines the term "responsible person," as used in reference to a trust, partnership, association, company, or corporation; requires responsible persons of such trusts or legal entities to complete a specified form and to submit photographs and fingerprints when the trust or legal entity files an application to make an NFA firearm or is listed as the transferee on an application to transfer an NFA firearm; requires that a copy of all applications to make or transfer a firearm, and the specified form for responsible persons, as applicable, be forwarded to the chief law enforcement officer (CLEO) of the locality in which the applicant/transferee or responsible person is located; and eliminates the requirement for a certification signed by the CLEO. These provisions provide a public safety benefit as they ensure that responsible persons undergo background checks. In addition, this final rule adds a new section to ATF's regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a ''transfer" under the NF A. It also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.

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This final rule was signed by the Attorney General on January 4, 2016. It is effective 180 days after date of publication in the Federal Register.

Obama Executive Order Requires Those Selling Even a Single Firearm to Become Licensed Dealers

freebeacon.com

Attorney General Loretta Lynch and President Barack Obama / AP

BY: Stephen Gutowski Follow @@StephenGutowski January 4, 2016 7:30 pm

The Obama administration announced during a conference call with reporters Monday evening that the president’s upcoming executive order may require somebody selling even a single firearm to obtain a Federal Firearms License.

During the call White House Press Secretary Josh Earnest, White House Senior Adviser Valerie Jarrett, and Attorney General Loretta Lynch explained the details of the order, which will be announced publicly by President Obama Tuesday at 11:40 a.m. The action, officials explained, would include guidance on how the Bureau of Alcohol, Tobacco, Firearms, and Explosives will now determine who is “engaged in the business” of selling firearms under federal law and, therefore, who is required to obtain a license to sell firearms.

“ATF will make clear that whether you are ‘engaged in the business’ depends on the facts and circumstances,” Jarrett said. “On factors such as: whether you represent yourself as a dealer, such as making business cards or taking credit card statements. Whether you sell firearms shortly after they’re acquired or whether you buy or sell in the original packaging.”

“Numbers are relevant. The ATF and DOJ did not identify a magic number of weapons that makes you engaged in the business because that would limit their ability to bring prosecution.”

Jarret then said that selling as few as “two firearms” could require somebody to obtain a federal firearms license. However, later in the call, Attorney General Lynch revised that number down further. “It can be as few as one or two depending upon the circumstances under which the person sells the gun,” Lynch said.

The federal firearms license application process takes several months to complete and costs a significant amount of money, according to the ATF website.

In addition to the new guidance on who must obtain a firearms license, Valerie Jarrett announced that the president would require the Social Security Administration to begin the rule-making process for prohibiting certain Social Security recipients from legally obtaining guns, a move that could bar millions from legally owning firearms.

The order will also include a number of other initiatives, including hiring more ATF agents, increasing research into so-called “smart gun” technology, adding further state recorders to the federal background check system, and making that system operate around the clock.

COMMENTS

BREAKING NEWS: FACT SHEET: New Executive Actions to Reduce Gun Violence and Make Our Communities

Gun violence has taken a heartbreaking toll on too many communities across the country. Over the past decade in America, more than 100,000 people have been killed as a result of gun violence—and millions more have been the victim of assaults, robberies, and other crimes involving a gun. Many of these crimes were committed by people who never

should have been able to purchase a gun in the first place. Over the same period, hundreds of thousands of other people in our communities committed suicide with a gun and nearly half a million people suffered other gun injuries. Hundreds of law enforcement officers have been shot to death protecting their communities. And too many children are killed or injured by firearms every year, often by accident. The vast majority of Americans—including the vast majority of gun owners—believe we must take sensible steps to address these horrible tragedies.

The President and Vice President are committed to using every tool at the Administration’s disposal to reduce gun violence. Some of the gaps in our country’s gun laws can only be fixed through legislation, which is why the President continues to call on Congress to pass the kind of commonsense gun safety reforms supported by a majority of the American people. And while Congress has repeatedly failed to take action and pass laws that would expand background checks and reduce gun violence, today, building on the significant steps that have already been taken over the past several years, the Administration is announcing a series of commonsense executive actions designed to:

1. Keep guns out of the wrong hands through background checks.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.

ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.

Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history.

The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks.

2. Make our communities safer from gun violence.

The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws.

The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws.

ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.

ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit.

The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts.

3. Increase mental health treatment and reporting to the background check system.

The Administration is proposing a new $500 million investment to increase access to mental health care.

The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.

The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.

4. Shape the future of gun safety technology.

The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology.

The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety.

Congress should support the President’s request for resources for 200 new ATF agents and investigators to help enforce our gun laws, as well as a new $500 million investment to address mental health issues.

Because we all must do our part to keep our communities safe, the Administration is also calling on States and local governments to do all they can to keep guns out of the wrong hands and reduce gun violence. It is also calling on private-sector leaders to follow the lead of other businesses that have taken voluntary steps to make it harder for dangerous individuals to get their hands on a gun. In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do.

New Actions by the Federal Government

Keeping Guns Out of the Wrong Hands Through Background Checks

The most important thing we can do to prevent gun violence is to make sure those who would commit violent acts cannot get a firearm in the first place. The National Instant Criminal Background Check System (NICS), which was created by Congress to prevent guns from being sold to prohibited individuals, is a critical tool in achieving that goal. According to the Bureau of Justice Statistics, the background check system has prevented more than 2 million guns from getting into the wrong hands. We know that making the system more efficient, and ensuring that it has all appropriate records about prohibited purchasers, will help enhance public safety. Today, the Administration is announcing the following executive actions to ensure that all gun dealers are licensed and run background checks, and to strengthen the background check system itself:

Clarify that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks. Background checks have been shown to keep guns out of the wrong hands, but too many gun sales—particularly online and at gun shows—occur without basic background checks. Today, the Administration took action to ensure that anyone who is “engaged in the business” of selling firearms is licensed and conducts background checks on their customers. Consistent with court rulings on this issue, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has clarified the following principles:A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted. For example, a person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions at gun shows or through the Internet. Those engaged in the business of dealing in firearms who utilize the Internet or other technologies must obtain a license, just as a dealer whose business is run out of a traditional brick-and-mortar store.Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present.There are criminal penalties for failing to comply with these requirements. A person who willfully engages in the business of dealing in firearms without the required license is subject to criminal prosecution and can be sentenced up to five years in prison and fined up to $250,000. Dealers are also subject to penalties for failing to conduct background checks before completing a sale.Require background checks for people trying to buy some of the most dangerous weapons and other items through a trust or corporation. The National Firearms Act imposes restrictions on sales of some of the most dangerous weapons, such as machine guns and sawed-off shotguns. But because of outdated regulations, individuals have been able to avoid the background check requirement by applying to acquire these firearms and other items through trusts, corporations, and other legal entities. In fact, the number of these applications has increased significantly over the years—from fewer than 900 applications in the year 2000 to more than 90,000 applications in 2014. ATF is finalizing a rule that makes clear that people will no longer be able to avoid background checks by buying NFA guns and other items through a trust or corporation.Ensure States are providing records to the background check system, and work cooperatively with jurisdictions to improve reporting. Congress has prohibited specific categories of people from buying guns—from convicted felons to users of illegal drugs to individuals convicted of misdemeanor crimes of domestic violence. In the wake of the shootings at Virginia Tech in 2007, Congress also created incentives for States to make as many relevant records as possible accessible to NICS. Over the past three years, States have increased the number of records they make accessible by nearly 70 percent. To further encourage this reporting, the Attorney General has written a letter to States highlighting the importance of receiving complete criminal history records and criminal dispositions, information on persons disqualified for mental health reasons, and qualifying crimes of domestic violence. The Administration will begin a new dialogue with States to ensure the background check system is as robust as possible, which is a public safety imperative.Make the background check system more efficient and effective. In 2015, NICS receiv

Obama to impose new gun control curbs next week

www.washingtonpost.com

President Obama and first lady Michelle Obama are greeted by San Bernardino County Third District Supervisor James Ramos (L) and San Bernardino Mayor Carey Davis (2L) at San Bernardino International Airport. (AFP/Getty/Brendan Smialowski)

HONOLULU — President Obama will meet with Attorney General Loretta E. Lynch on Monday to finalize a set of executive actions on guns that he will unveil next week, according to several individuals briefed on the matter.

White House officials declined to comment on Obama’s plans beyond releasing his weekly radio address on Friday, a day earlier than usual. But according to those familiar with the proposal, who asked for anonymity because it was not yet public, the president will expand new background-check requirements for buyers who purchase weapons from high-volume gun dealers.

The president will also use his executive authority in several other areas, these individuals said, but the overall package has not yet been finalized.

In the radio address, Obama said he was moving unilaterally because Congress had failed to address the growing problem of gun violence.

In a New Year's Day message, President Obama said his resolution for 2016 was to complete "unfinished business," adding that tackling gun violence was at the top of the list. (Reuters)

“A few months ago, I directed my team at the White House to look into any new actions I can take to help reduce gun violence,” he said in the recorded address. “And on Monday, I’ll meet with our Attorney General, Loretta Lynch, to discuss our options.”

“Because I get too many letters from parents, and teachers, and kids, to sit around and do nothing,” Obama continued. “I get letters from responsible gun owners who grieve with us every time these tragedies happen; who share my belief that the Second Amendment guarantees a right to bear arms; and who share my belief we can protect that right while keeping an irresponsible, dangerous few from inflicting harm on a massive scale.”

[President Obama on current level of U.S. gun violence: 'This is not normal.']

Obama began examining how he could tighten the nation’s gun rules after October’s mass shooting at Umpqua Community College in Roseburg, Ore., but administration lawyers have spent months reviewing any proposals to ensure they can withstand legal scrutiny. The idea of requiring informal gun dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms and Explosives and perform background checks on potential buyers first came up two years ago, but was shelved over legal concerns.

The current federal statute dictates that those who are “engaged in the business” of dealing firearms need to obtain a federal license — and, therefore, conduct background checks — but exempts anyone “who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”

Gun control advocates — including former Rep. Gabrielle Giffords (D-Ariz.), who was gravely injured in a 2011 mass shooting, and former New York City mayor Michael R. Bloomberg — have met personally with Obama over the past month to push for the background checks expansion and other measures.

Everytown spokeswoman Erika Soto Lamb, whose group was founded with Bloomberg’s support, said the current interpretation of what it means to be “engaged in the business” of selling firearms is “a hazy definition that allows high-volume sellers to transfer thousands of guns without background checks, no questions asked.”

[This is what the White House wants to do on guns]

Other proposals the administration has been weighing include requiring federally-licensed gun dealers to report any lost and stolen guns to the National Crime Information Center; publishing aggregate background check denial data for guns sold by unlicensed sellers; clarifying that convicted abusers are prohibited from having guns regardless of their marital status; and instructing federal law enforcement to identify and arrest criminals who attempt to buy illegal guns.

Any action by the president is sure to trigger a major backlash from gun rights activists, and Republican lawmakers who have blocked legislative action in the past. On Thursday, the National Rifle Association’s Institute for Legislative Action launched the first in a video seriesattacking gun control advocates.

The first ad targets Democratic presidential hopeful Hillary Clinton, who revived the plan to expand background checks in the wake of the Roseburg shooting by proposing it on the campaign trail. The ad is labeled “New Year’s Resolutions of the Rich and Anti-Gun (Actually, Just Hillary Clinton),” and it shows a woman outlining her plans on Clinton’s campaign stationary beside a photo of the president and his former Secretary of State as “Auld Lang Syne” blares in the background.

“Stop trying to ban guns,” she writes as her first point, in black marker, followed by, “Read the Constitution.”

“Meet an actual gun owner,” the Clinton impersonator scribbles, before adding, “In Person!”

At that point the woman crosses out all three points, crumples up the paper and throws it aside, as Clinton’s laugh is heard in the background.

Groups such as MoveOn.org, however, have begun to mobilize firearm owners to support expanded background checks and other measures aimed at curbing gun violence. David Mark Williams, a farmer in Halfway, Ore., described guns as “a tool. If you’re hunting or living a rural lifestyle, you’re going to have a firearm.”

But Williams, who came to Washington this fall with MoveOn.org to meet with members of both parties, said he resigned his NRA membership after its president opposed stricter gun laws in the aftermath of the 2012 mass shooting at Sandy Hook Elementary School.

“I’m also a supporter of rational reasonable gun control measures,” he said.

Advocates from groups such as the Metro Industrial Association said the president could do much more to curb the nearly 90 gun-related deaths that take place each day in the U.S., by not coming to the aid of gun manufacturers who are being sued for negligence; providing additional funding for the development of “smart gun” technology; and failing to use the federal government’s purchasing power to pressure gun manufacturers to take more responsibility for reducing gun violence.

But Arkadi Gerney, a senior fellow at the liberal think tank Center for American Progress, said in an email Thursday it was “extremely encouraging that the president appears poised” to enhance the enforcement of existing gun laws given congressional resistance to such measures.

“Along with progress in state legislatures and actions taken by governors and attorneys general, the steps the White House is considering would make it somewhat less likely that guns will end up in the wrong hands,” Gerney said. “And, with gunfire claiming the lives of 33,000 American a year, even incremental steps can have life-saving impact."

COMMENTS