OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
John Yoo, on his Main Feed post, wrote:
There are sensible regulations of gun ownership -- which don't violate the right to bear arms -- that conservatives should support.
Okay, now that we have actual proposals and actual Executive Orders to look at, I'd like to know which of these you support.
Legislation Obama Wants
President Obama would like Congress to:
- Institute another “assault weapons” ban
- Pass a law limiting magazine capacity
- Institute universal background checks, even on private transactions
Which of these do you support? Which ones should conservatives support?
Executive Orders
These are more interesting, since they do not require Congressional approval. I'll copy/paste them in full:
1) Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.
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.
3) Improve incentives for states to share information with the background check system.
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.
5) Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.
6) Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
7) Launch a national safe and responsible gun ownership campaign.
8) Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).
9) Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
10) Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.
11) Nominate an ATF director.
12) Provide law enforcement, first responders, and school officials with proper training for active shooter situations.
13) Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
14) Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
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.
16) Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
17) Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
18) Provide incentives for schools to hire school resource officers.
19) Develop model emergency response plans for schools, houses of worship and institutions of higher education.
20) Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
21) Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.
22) Commit to finalizing mental health parity regulations.
23) Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.
I'll post which ones I can support after reviewing these a bit more. But I sure would like to hear from our lawyer-like folks as to any legal issues with any of these. (In particular, I'm thinking of #2 and #16, which seem problematic given the language in Obamacare.)
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Comments:
May '12
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
I don' support any of the orders nor do I support John Yoo's assertion that there are 'sensible' regulations that conservatives should support.
If a person is not incarcerated or on parole there should be no background checks or other restrictions on any of the enumerated rights in the Constitution.
If someone is too mentally ill to own a gun why are they wandering around society? What is stopping them from driving through a school zone and up onto a sidewalk full of children at 45mph?
Jan '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Neither of these:
- Institute another “assault weapons” ban
- Pass a law limiting magazine capacity
What Article I power allows the government to do this:
- Institute universal background checks, even on private transactions?
Apr '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Laws only affect the law-abiding. Someone who plans to go into a public place to kill people indiscrimently is by his own actions not abiding the law.
We somehow believe that by passing enough laws, there will be no lawbreaking. We are fooling ourselves when we do.
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
#4 is disturbing. "categories of individuals" So anyone prohibited from owning a gun "by the government's standards" is now considered "dangerous" and they will be on a list in the DOJ's office? Creepy!!
Dec '12
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Although I believe the federal government lacks the police power (a state power) for much of this, a few preliminary thoughts:
#1. The devil is in the details - does 'relevant data' include every patient on an antidepressant, whose right is then extinguished? (BTW a police officer friend tells me at least half of his colleagues are being treated for depression). I expect an expansive, meat-fisted expansion of this vague innocuous-sounding statement. As to physicians deciding who is dangerous - studies have definitively shown that no such determination is possible. This fact is unlikely to intrude into policy. Mass murderers do not announce their plan to their doctors.
#2. HIPAA is supposed to protect patients' privacy. The main threat to rights in that regard is state (federal) action. They obviously assume this is no barrier at all. Who protects us from them?
#7. The NRA has longstanding excellent safety programs. Will the administration outsource? If only China had an NRA...
#16. The ACA says data may not be entered into databases, not that gun matters may not be discussed. #1 suggests the administration will add this to the growing list of laws it ignores.
Edited on January 16, 2013 at 10:00pmRe: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
#14 is of concen: What, is there a "gun violence" gene? What are we going to do to those people if they are determined to have the gene? And do we really need academics doing even more research at the bidding of the government? I don't think so.
#16--if this implies in any way that doctor's need to report to the government any suspicions they have about their patients, then you will have no one with psychological issues EVER going to the doctor again. This is counter-productive to the mental health initiative.
Edited on January 17, 2013 at 12:51amMay '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
1. This one scares me. There is so much room for abuse here it's sickening.
8. What?
13. Is this something like "hate" crimes, but now it's "gun" crimes? Good god.
14. Order them to wave a magic wand while you're at it.
16 & 17. The federal government is already using their expanded role in health care for insidious purposes. Who saw that coming??
18. How'd they come up with that one?
#18 isn't a terrible idea, but is still not the role of the federal government. Over all this is a steaming pile of distraction.
Jul '12
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Why does my doctor need to know if I own a gun or not? Isn't there supposed to be a doctor/ patient confidentiality?
This list of executive orders isn't law therefore no one is required to abide by them, right? I've been seeing that there are Sheriff's in different states that say they won't enforce any executive orders (hopefully they don't buckle under pressure) but its frightening to think that the president just thinks he can do this and probably in all likelihood will get away with it.
Aug '10
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
The NRA has longstanding excellent safety programs. Will the administration outsource? If only China had an NRA...
I hope I don't give the government ideas, but if they want to neuter the NRA, this is the way to do it. Co-opt them. Enlist them as the official 'training' agency for the government. Allow them to profit handsomely from it. That will get them firmly in bed with the regulators, and once their gravy train depends on the cooperation of the feds, they'll eventually be yet another rubber-stamp crony willing to do whatever the government says in fear of losing their easy road to funding.
In other words, if you can't beat them, bribe them, corrupt them, co-opt them, and control them.
Jun '10
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
I've heard lots of preening about anyone on the no-fly list prohibited from buying guns - "If they can't fly, why should they be able to buy a gun?"
Let's see. Teddy Kennedy was on the no-fly list. Representative John Lewis on the no-fly list. No guns for them?
My brother was on the no-fly list. He was pulled aside at the airport and asked about past history and associations. When he didn't "come clean," they said "What about that time you were in the Irish Republican Army?" When he was told when, he said "Actually, I was in the Air Force at that time."
Someone with his same name was in the IRA. Curiously, they didn't notice my brother's American passport vs. Mr. IRA's Irish passport. "Oops, sorry."
I'm sure when your NICS check comes back improperly denied, it should only take a few months to get it squared away.
Mar '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
This seems somewhat reasonable to me. If we have collectively decided that some people should not have access to firearms, and that background checks at the point of sale will be the mechanism of enforcement, it makes little sense to leave a huge and easy workaround. Besides, why burden commercial gun dealers with an onerous regulation and give private sellers a competitive advantage?
Everything else on the list is just drivel - but at least the kind of drivel that will likely be toothless.
Jan '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Mendel
This seems somewhat reasonable to me. If we have collectively decided that some people should not have access to firearms, and that background checks at the point of sale will be the mechanism of enforcement, it makes little sense to leave a huge and easy workaround. Besides, why burden commercial gun dealers with an onerous regulation and give private sellers a competitive advantage?
Everything else on the list is just drivel - but at least the kind of drivel that will likely be toothless. · 5 minutes ago
I have two problems with this one.
#1 Federalism -- If I want to sell my gun to my best friend here in Texas, how the Federal Govt has any authority there is beyond me. I realize I've lost this argument several decades ago, but like Plessy, those cases can be overturned.
#2 Private sellers do not in any way compete with commercial sellers; we're talking about individuals selling an old rifle here, a pistol there, not a store on the Internet.
Aug '12
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
The laws will be -as ever -subject to the law of unintended consequences. The private transaction background check would, absent some way of making the check easy to do, end private transactions. The other two have been discussed around here before and don't need to be relitigated.
As for the orders, most of them strike me as harmless, but the devil is always in the details. I wouldn't be in favor of any of them, but I'd preserve my ire for 2 and 4. I'd be OK with implementing 3, 7, 12, and 19 provided the money came out of something else. Number 23 I'd allow only if they serve lunch. If I'm going to be hectored, it will be on a full stomach.
Jan '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
So far, I think I can support #11, 12, 18 and 19.
Jan '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Sabrdance:
As for the orders, most of them strike me as harmless, but the devil is alwaysin the details. I wouldn't be in favor of any of them, but I'd preserve my ire for 2 and 4. I'd be OK with implementing 3, 7, 12, and 19 provided the money came out of something else. Number 23 I'd allow only if they serve lunch. If I'm going to be hectored, it will be on a full stomach. · 2 minutes ago
On #3... I was looking at that wondering what state-level information they're wanting for the NICS system that they don't already have.
Maybe more restraining order/family law type stuff? Just trying to think what state databases there are that might be relevant to a firearms background check.
Aug '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Two questions that must be asked:
1) What is the problem that these regulations will supposedly fix, and
2) Will they?
If the answer to the first is "Sandy Hook" the answer to the second is "No." Therefore, I cannot support any of them.
Furthermore, I would recommend conservatives refuse to even consider any firearms regulations until Eric Holder, a man who supplies arms to drug lords and murderers, is behind bars.
Edited on January 16, 2013 at 10:25pmApr '12
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
On the Executive Order this is the best "English language translation" I've seen
Apr '11
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
I support the nomination of an ATF director.
Dec '10
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
None. Even the ATF director. Abolish the ATF and you don't have to worry about it.
In the last 30 days I have:
1. Joined the NRA
2. Taken a pistol safety and shooting course
3. Applied for a concealed carry permit
I'm 35 and used to think the above three things would never happen. I always thought my brother, a lifetime NRA member, was a little paranoid. No longer. I will be buying more guns (I have three now) and more ammo each month as I get paid.
Jun '10
Re: OK, Conservatives: Which of These New Regulations and Gun Control Proposals Do You Support?
Most of the items on the executive order list look they came from The Onion:
11) Nominate an ATF director. [We don't have one?? Fast and Furious problem?]
14) Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence. [That Memo's going to be a game-changer].
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. ["Challenge," as in "coerce"]
18) Provide incentives for schools to hire school resource officers. [Are resource officers going to be armed? That would help.]
19) Develop model emergency response plans for schools, houses of worship and institutions of higher education. [Jobs for 10,000 more bureaucrats]
20) Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover. [???]
23) Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health. [Nothing says "fun" more than talking to these two]
Edited on January 16, 2013 at 11:16pm