New Executive Actions to Reduce Gun Violence and Make Our Communities Safer.

(Yet another EO from the CNC)

This hit the web earlier today. Thanks to the gang at The Liberty Zone, [http://thelibertyzone.com/] I found a link to the release [https://www.whitehouse.gov/the-press-office/2016/01/04/fact-sheet-new-executive-actions-reduce-gun-violence-and-make-our] and read through it. A few thoughts went through my mind as I read.

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

(never mind that back-ground checks failed to prevent any of the recent “mass” shootings)

 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.

(and you honestly think that back-ground checks help? You think that career criminals go through proper chains to get their weapons?)

 According to the Bureau of Justice Statistics, the background check system has prevented more than 2 million guns from getting into the wrong hands.

(source please, quotes and statistics without a source are just hot air.)

 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

(Internet? What guns are sold through the Internet?! Oh, this also means if you sell from your own home.)

 Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement.

(so I take this to mean even *1* gun)

 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.

(Nice ideas, until you take a closer look. Illegal drug users – not sellers, users. Using marijuana is not a violent crime (according to those who want to reform the Justice system) so why would they be excluded? Misdemeanor crime of domestic violence … this sounds like an oxymoron to me. DV usually involves physical assault, which is rarely a misdemeanor. Or perhaps it is intentionally vague, so they can later say all misdemeanor crimes above a Minor Misdemeanor.)

 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.

(What are the qualifications for mental health? Not specific enough. Who is making the determination? The state? It could be in the state’s interest to start saying that anyone wanting to own a firearm is mentally unstable.)

 Make the background check system more efficient and effective.

(Let’s become more dependent on computers. We all know they are never wrong and cannot be accessed by unauthorized persons.)

 

  1. Make our communities safer from gun violence.

Ensure smart and effective enforcement of our gun laws.

(Start with enforcing the laws on the books, not adding new ones. )

 Attorney General discussed the importance of today’s announcements and directed the Nation’s 93 U.S. Attorneys across the country to continue to focus their resources—as they have for the past several years under the Department’s Smart on Crime initiative—on the most impactful cases, including those targeting violent offenders, illegal firearms traffickers, and dangerous individuals who bypass the background check system to acquire weapons illegally. During the call, the Attorney General also emphasized ongoing initiatives to assist communities in combating violent crime, including ATF’s efforts to target the “worst of the worst” gun crimes.

(Like Fast and Furious (the gun deal, not the movie) where you sent guns to Mexico? And those guns were used to Murder Americans?)

 200 new ATF agents and investigators / ATF is dedicating $4 million and additional personnel / ATF has established an Internet Investigations Center (IIC) staffed with federal agents, legal counsel, and investigators

(Note that these are *all* federal positions, nothing is indicated to be going to the states to help them enforce laws.)

 Ensure that dealers notify law enforcement about the theft or loss of their guns.

(Yes, because we know that legitimate dealers will decline to report a lost or stolen gun. Most of dealers I know would not hesitate to report it as soon as they become aware that something is wrong.)

 Issue a memo directing every U.S. Attorney’s Office to renew domestic violence outreach efforts.

(Because there are no known instances of DV involving a knife, club, fists or shoving someone down the stairs. Oh, wait that is so you can add them to your database, right. What about the instances of false reports?)

 

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

While individuals with mental illness are more likely to be victims of violence than perpetrators, incidents of violence continue to highlight a crisis in America’s mental health system. In addition to helping people get the treatment they need, we must make sure we keep guns out of the hands of those who are prohibited by law from having them.

(Who is making the determination? What are the criteria? Is there a time period, or is it a life time ban? Not all mental illness are lifetime or dangerous.

 Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm. Current law prohibits individuals from buying a gun if, because of a mental health issue, they are either a danger to themselves or others or are unable to manage their own affairs. The Social Security Administration (SSA) has indicated that it will begin the rulemaking process to ensure that appropriate information in its records is reported to NICS. The reporting that SSA, in consultation with the Department of Justice, is expected to require will cover appropriate records of the approximately 75,000 people each year who have a documented mental health issue, receive disability benefits, and are unable to manage those benefits because of their mental impairment, or who have been found by a state or federal court to be legally incompetent.

(again, who is making the determination? Does this mean that you become suspect as soon as you go on SS? What about cases where a family member decides to have mom or dad declared incompetent? Yes, it does happen.  Plus, I have heard stories of Vets, people who are trained in the use of firearms, being declared unfit.)

 The rulemaking will also provide a mechanism for people to seek relief from the federal prohibition on possessing a firearm for reasons related to mental health.

(Is this going to be like the No Fly List? There is no due process. You don’t find out you’re on the list until you try to board an airplane. People are put on the list with little to no supporting evidence and getting off is next to impossible.)

Remove unnecessary legal barriers preventing States from reporting relevant information to the background check system. Although States generally report criminal history information to NICS, many continue to report little information about individuals who are prohibited by Federal law from possessing or receiving a gun for specific mental health reasons. Some State officials raised concerns about whether such reporting would be precluded by the Privacy Rule issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Today, the Department of Health and Human Services issued a final rule expressly permitting certain HIPAA covered entities to provide to the NICS limited demographic and other necessary information about these individuals.

(In other words, HIPAA does not apply to the Federal Government – just you and your family.)

  1. Shape the future of gun safety technology.

Millions of dollars have already been invested to support research into concepts that range from fingerprint scanners to radio-frequency identification to microstamping technology.

(Yes, they keep the guns from being used if they are stolen. But a wife cannot use a gun that her husband bought to protect herself and the children when he is not home – not unless there have been some huge changes recently. These are single user firearms.)

 The Presidential Memorandum directs the departments to conduct or sponsor research into gun safety technology that would reduce the frequency of accidental discharge or unauthorized use of firearms, and improve the tracing of lost or stolen guns.

(The best safety technology is a smart gun owner, not some device.)

 

In summary: A lot of hot air. Remember, criminals don’t follow the rules so nothing here will make a difference. The only people who will really be hurt as, as always, the law abiding citizens.

The best way to curb so called gun violence is to consistently enforce the laws that are already on the books. Making and adding to Federal lists does not help the citizen, it only helps the Federal Government. Interfering in private transactions does not help the citizen, or curb violence. Telling people that if they have a mental illness they will be banned for owning arms is not going to help them or their families. In fact, it is more likely to give them an incentive to avoid seeking help.

This is not gun control, sensible or otherwise, it is another attempt to restrict access to arms. What is gun control? Gun control is using good technique, identifying your target, keeping your finger off the trigger until you are ready to fire, and checking the background to make sure no one else is in the line of fire.

 

 

“the right of the people to keep and bear arms shall not be infringed.”

“the people” means everyone, not just select people.

“arms” does not mean just guns. It means all arms – including guns, swords and knives. Keep in mind that England, after banning most guns, is now trying to ban knifes.

“shall not be infringed” – meaning the Right should not be breached, violated, or contravened. Restricting access to anyone but the most violent of offenders is breaching that right.

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