(From my blog.)
For weeks after Newtown, liberals said the government needed to do something, and conservatives were on the defensive. At one point, President Obama talked about using the power of the executive branch to make changes, and then conservatives went from being merely defensive to utterly freaking out. The calls of dictator and overreach and molon labe etc. grew to a crescendo as gun owners jumped to conclusions about this representing their worst fears coming to pass.
I never bought any of this hysteria, of course. But even given that, I was surprised when I saw Obamas list of proposed changes. My initial reaction was: thats it? Most of the measures, at first glance, struck me as either impractical or just mom-and-apple-pie pablum. But I figured Id wait a couple of days and then go through the list point by point and try to see whats really what here.
Here are Obamas 23 executive orders and my comments, for what they are worth.
In the end, my initial impressions were confirmed: there is not much here. I dont think this shows that Obama doesnt care about gun control, nor that he wouldnt like to do more. I think it demonstrates two facts: first, that there isnt actually that much he can legally about gun control using executive orders; and second, hes nowhere near the dictator or power grabber that right-wing mouth-foamers portrayed him to be.
For weeks after Newtown, liberals said the government needed to do something, and conservatives were on the defensive. At one point, President Obama talked about using the power of the executive branch to make changes, and then conservatives went from being merely defensive to utterly freaking out. The calls of dictator and overreach and molon labe etc. grew to a crescendo as gun owners jumped to conclusions about this representing their worst fears coming to pass.
I never bought any of this hysteria, of course. But even given that, I was surprised when I saw Obamas list of proposed changes. My initial reaction was: thats it? Most of the measures, at first glance, struck me as either impractical or just mom-and-apple-pie pablum. But I figured Id wait a couple of days and then go through the list point by point and try to see whats really what here.
Here are Obamas 23 executive orders and my comments, for what they are worth.
1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.
A bit too vague to assess. In general, I think information sharing to improve the background check system is a good idea.
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.
Okay, good idea, but I doubt it will have much impact on gun violence.
3. Improve incentives for states to share information with the background check system.
Not likely to have much impact, nor to be terribly effective. Incentives also usually implies a carrot but ends up being more of a stick. This will be resisted heavily.
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.
Another item that nobody would really disagree with, but is too vague to properly assess. What dangerous people are being discussed here, and what cracks are they slipping through?
5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.
Fine, but how often does this even happen? My guess is pretty rarely.
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
This is a good idea, but frankly, FFLs shouldnt be getting licenses at all if they dont already know this. Its basically an admission that the background check system is failing.
7. Launch a national safe and responsible gun ownership campaign.
This is one of the better ideas here. Cheap, effective, and mostly non-controversial. Should cut down on accidental deaths and cost pretty much nothing.
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).
Feel-good provision that will have little impact on anything, IMO.
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
You mean they dont already?
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.
More efforts to deal with stolen guns are required. I know someone who thought he had a gun stolen, and tried to inform the state police. They basically told him not to worry about it.
11. Nominate an ATF director.
Well, yes.
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.
Cant disagree here.
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
Meaningless pablum.
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
This is going to be pretty controversial, and if Im not mistaken, would come into direct conflict with a congressional prohibition on same. Expect this to end up in court.
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.
Im in favor, but this will be heavily opposed, not just for the usual reasons, but because these technologies often make firearms less accessible or effective when they are needed.
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
I dont think doctors should be asking patients about guns in their homes. Either way, this is not going to have much impact on anything.
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
Seems reasonable, but again, I would think they know that already. Some of these measures seem more about padding the count than anything substantive.
18. Provide incentives for schools to hire school resource officers.
What does that even mean?
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.
Good idea.
20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
Again a good idea, but strikes me as not going nearly far enough to address the massive mental health issues in this country.
21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.
Beyond some of the other measures that wont really curb gun violence, this seems pretty irrelevant.
22. Commit to finalizing mental health parity regulations.
Maybe I just dont know enough about the ACA, but again, this seems exceedingly vague.
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.
Ah, a national dialog. Who could possibly oppose that?
In the end, my initial impressions were confirmed: there is not much here. I dont think this shows that Obama doesnt care about gun control, nor that he wouldnt like to do more. I think it demonstrates two facts: first, that there isnt actually that much he can legally about gun control using executive orders; and second, hes nowhere near the dictator or power grabber that right-wing mouth-foamers portrayed him to be.
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