The President and Vice President are <Blah, blah, guns bad, blah>the Administration is announcing a series of commonsense executive actions designed to:
blah, blah, blah
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.
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 But because of outdated regulations, individuals have been able to avoid the background check requirement by applying to acquire these firearms and other items through trusts,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. Blah, blah, number grew, blah. 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.
Improve state reporting to NICS. Ensure States are providing records to the background check system, and work cooperatively with jurisdictions to improve reporting.
Make NICS more efficient with 230 new ATFers and tech improvements.
Funding for 200 new ATF agents and investigators for enforcement
Dealers to be required to notify law enforcement about the theft or loss of dealer guns in shipping. ATF issued a final rule clarifying that the licensee shipping a gun is responsible for notifying law enforcement upon discovery that it was lost or stolen in transit.
New $500 million investment to increase access to mental health services
Information from the Social Security Administration to be used in the background check system about beneficiaries. 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. 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.
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 individuals receiving mental health care.
As the single largest purchaser of firearms in the country, the Federal Government has a unique opportunity to advance smart gun technology and ensure it becomes a reality. Issue a Presidential Memorandum directing the Department of Defense, Department of Justice, and Department of Homeland Security to increase research and development efforts, conduct or sponsor research, promote the use and acquisition of new technology. The Presidential Memorandum also directs 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. In connection with these efforts, the departments will consult with other agencies that acquire firearms and take appropriate steps to consider whether including such technology in specifications for acquisition of firearms would be consistent with operational needs.
