Biden Signs Executive Order on Reducing Gun Violence

— Order would crack down on gun dealers who fail to perform background checks on buyers

MedpageToday
A screenshot of President Joe Biden giving remarks about the executive order.

President Biden issued an executive order Tuesday designed to reduce gun violence in the U.S., while also calling on Congress to act on the issue.

"Last year after the mass shootings in Buffalo, New York, and Uvalde, Texas, I signed into law the Bipartisan Safer Communities Act -- the most significant gun safety law in almost 30 years," Biden said during a speech at the Boys & Girls Club of West San Gabriel Valley, in Monterey Park, California, near a dance hall where a gunman opened fire on January 21, killing 11 people and wounding nine. He added that in addition to signing other executive actions to reduce gun violence, "today, I'm announcing another executive order that will accelerate and intensify this work to save more lives more quickly."

The executive order requires Cabinet members to ensure that all background checks required by law are conducted before firearm purchases, and it tells the attorney general to ensure that gun sellers who don't realize they have to do background checks, or who are willfully avoiding doing them, come into compliance with the law. "This move would mean fewer guns will be sold without background checks, and therefore fewer guns will end up in the hands of felons and domestic abusers," according to a White House fact sheet. "The president is also directing the attorney general to develop and implement a plan to prevent former federally licensed firearms dealers, whose licenses have been revoked or surrendered, from continuing to engage in the business of dealing in firearms."

Other actions in the executive order include:

  • Increasing appropriate use of "red flag" orders and safe firearms storage. Red flag laws -- enacted by 19 states and the District of Columbia -- allow people to be temporarily barred from buying or possessing firearms if they are determined by a court to be a danger to themselves and others. The order directs the Cabinet "to encourage effective use of extreme risk protection orders, including by partnering with law enforcement, healthcare providers, educators, and other community leaders." Biden also is asking Cabinet members to do more to promote safe firearms storage.
  • Investigating firearm loss or theft during shipping. The number of firearms reported lost or stolen has risen by more than 250% -- from about 1,700 to more than 6,100 -- from 2018 to 2022, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The executive order directs the secretary of transportation, in consultation with the Department of Justice, to work to reduce the number of thefts and to improve the reporting of them.
  • Providing the public with more information about gun sellers who violate the law. Biden's order directs the attorney general to publicly release ATF records of gun dealers cited for violating federal gun laws. "This information will empower the public and policymakers to better understand the problem, and then improve our laws to hold rogue gun dealers accountable," the fact sheet noted. The president is also asking the Federal Trade Commission to report on how gun manufacturers market firearms to minors.
  • Improving federal support for gun violence survivors, victims and survivors' families, first responders, and affected communities. The fact sheet notes that when a hurricane strikes a community, the Federal Emergency Management Agency is there to coordinate government aid. "However, when a mass shooting overwhelms a community, no coordinated U.S. government mechanism exists to meet short- and long-term needs, such as mental health care for grief and trauma, financial assistance, and food." The order directs Cabinet members to propose ways the government can better support communities after a shooting, including the resources that would be needed from Congress or the executive branch.
  • Assisting Congress in efforts to prevent proliferation of firearms that metal detectors can't detect. Because modern technology allows more guns to be made with polymers and other non-detectable materials, the president "is directing the attorney general to help Congress modernize and make permanent the Undetectable Firearms Act of 1988, which is currently set to expire in December 2023." That law makes it illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive any undetectable firearm.

"Last week I laid out in my budget that we invest more in safer communities and expand access to mental health services for those affected by gun violence," Biden said in his speech. "Congressional Republicans should pass my budget instead of calling for cuts in these services or for defunding the police or abolishing the FBI, as we hear from [some] Republicans." In addition, he called for Congress to "pass universal background checks and eliminate gun manufacturers' immunity from liability."

The president also called for a ban on assault weapons and high-capacity magazines. "I led that fight and we banned them in 1994; in the 10 years that law was in place, mass shootings went down," he said. "Republicans then let it expire 10 years later -- and mass shootings tripled. So let's finish the job. Ban assault weapons; ban them again. Do it now!"

He ended with a message for the victims' families. "I promise you, the day will come when the memory of your loved one brings a smile to lips before it brings a tear to your eye," he said. "That's when you know you're going to make it. My prayer for all of you is that day will come sooner than later -- but I promise you, it will come."

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    Joyce Frieden oversees MedPage Today’s Washington coverage, including stories about Congress, the White House, the Supreme Court, healthcare trade associations, and federal agencies. She has 35 years of experience covering health policy. Follow