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[h=4]Obama gun actions will focus on unlicensed dealers at gun shows, online[/h]The executive action falls short of completely closing the "gun show loophole."
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President Obama is announcing a series of executive actions aimed at curbing gun violence in the U.S. Here is what you need to know about the decision that is already being met with mixed emotions. VPC
President Obama speaks with Attorney General Loretta Lynch in the Oval Office Monday. Obama is poised to unveil a raft of executive actions to tackle gun violence, kicking-off his last year in the White House with a show of political power.(Photo: Jim Watson, AFP/Getty Images)
WASHINGTON<span style="color: Red;">*</span>— President Obama will announce a series of executive actions to curb gun violence Tuesday, focusing on businesses that buy and sell guns at gun shows, flea markets and online without a license<span style="color: Red;">*</span>— thus allowing buyers to evade the criminal background check required at brick-and-mortar gun stores.
The initiative stops far short of completely closing what's been called the "gun show loophole." Instead, the Justice Department will<span style="color: Red;">*</span>clarify an existing law that gun sellers who market firearms through gun shows and online can be "engaged in the business" of dealing in guns and require a federal license. That's important because under the law, gun sales by hobbyists and collectors do not require background checks, but licensed gun dealers do.
Attorney General Loretta Lynch<span style="color: Red;">*</span>said gun sellers would no longer be able to<span style="color: Red;">*</span>"hide behind the exception" to claim they're not a dealer simply because they sell at gun shows.
"Let me be clear: It’s not where you are located but what you are doing that determines whether you are engaged in the business of dealing in firearms," Lynch told reporters Monday. But she emphasized that the new initiative does not change any laws or regulations, and that<span style="color: Red;">*</span>the exception for legitimate hobbyists<span style="color: Red;">*</span>and<span style="color: Red;">*</span>collectors remains in the law.
The new guidance, which will be issued by<span style="color: Red;">*</span>the Bureau of Alcohol, Tobacco, Firearms and Explosives this week, also<span style="color: Red;">*</span>stops short of setting any numerical threshold of gun sales that would require a federal license.
While the numbers are relevant, White House Senior Adviser Valerie Jarrett said<span style="color: Red;">*</span>the ATF<span style="color: Red;">*</span>will consider all the "facts and circumstances" of the gun seller: Whether he or she has business cards, accepts<span style="color: Red;">*</span>credit card payments, makes a profit<span style="color: Red;">*</span>or<span style="color: Red;">*</span>sells guns in their original packaging or<span style="color: Red;">*</span>shortly after acquiring them.
Lynch noted that courts have held that as few as two sales could trigger the requirement.
The Obama administration will also hire more examiners to conduct gun background checks, clarify rules on lost and stolen guns, upgrade its criminal history and ballistics databases, and urge states to report more domestic violence convictions to the federal government. The Social Security Administration is also exploring a process that would submit information<span style="color: Red;">*</span>about beneficiaries with mental health disabilities to the background check system.
And in a presidential memorandum Monday, Obama directed the departments of Defense, Justice and Homeland Security to study "smart gun" technology to prevent accidental gunshots and allow better tracking of lost and stolen guns<span style="color: Red;">*</span>— with the idea of using the federal government's purchasing power<span style="color: Red;">*</span>to encourage gun makers to market safer firearms.
USA TODAY
Through executive orders, Obama tests power as purchaser-in-chief
Even before formally announcing the new actions, Obama<span style="color: Red;">*</span>promised Monday<span style="color: Red;">*</span>that the steps would be both within his legal authority and supported by "the overwhelming majority of the American people, including gun owners."
But he also acknowledged the limitations on his strategy of acting without congressional legislation. "It is my strong belief that for us to get our complete arm around the problem,<span style="color: Red;">*</span>Congress needs to act," he told reporters in the Oval Office after meeting with top law enforcement officials.
"We’ll be making sure that people have a very clear understanding of what can make a difference and what we can do," he said.<span style="color: Red;">*</span>"We have to be very clear that this is not going to solve every violent crime in this country. It’s not going to prevent every mass shooting. It’s not going to keep every gun out of the hands of a criminal."
House Speaker Paul Ryan said Monday that anything Obama proposes would be <span style="color: Red;">*</span>"a<span style="color: Red;">*</span>dangerous level of executive overreach" and predicted a public backlash. But the National Rifle Association offered a restrained assessment of the White House actions.
"There is nothing in this set of proposals that would improve public safety," NRA spokeswoman Jennifer Baker said Monday. "President Obama is distracting the American people from his inability to keep us safe. This underscores the lack of seriousness the president has placed on this issue."
USA TODAY
Ryan sees 'overreach' in Obama gun action
Obama will announce the new measures at the White House on Tuesday morning, with families of gun violence victims<span style="color: Red;">*</span>invited<span style="color: Red;">*</span>to the event.
Gun control advocates called the move "historic."
“President Obama has taken the bold and meaningful action that Brady and its millions of supporters have been calling for," said Dan Gross, the president of the<span style="color: Red;">*</span>Brady Campaign to Prevent Gun Violence.
White House Press Secretary Josh<span style="color: Red;">*</span>Earnest pointed to recent polls showing 89% of Americans<span style="color: Red;">*</span>— and<span style="color: Red;">*</span>84% of gun owners<span style="color: Red;">*</span>—<span style="color: Red;">*</span>support universal background checks.
"This is not a partisan endeavor. And this is not just something that is being advanced by people who are strong advocates of gun control. Gun owners and Republicans overwhelmingly support at least this common-sense step,<span style="color: Red;">*</span>closing the gun show loophole," he said.
Obama described the problem of gun violence as including both the headline-grabbing mass shootings and the everyday homicides, suicides and accidents that claim tens of thousands of lives a year.
Obama met Monday with Lynch, Jarrett, Deputy Attorney General Sally Yates, FBI Director James Comey, Acting Bureau of Alcohol, Tobacco and Firearms Director Thomas Brandon<span style="color: Red;">*</span>and White House Counsel Neil Eggleston.
He also met Monday<span style="color: Red;">*</span>with Democrats in Congress who have been pushing gun legislation.
Contributing: Kevin Johnson
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