WASHINGTON — President Joe Biden took executive action Tuesday that seeks to increase the number of background checks conducted during gun sales as the White House reverts to unilateral ways to tackle gun control amid bleak prospects in Congress.
The order stops short of requiring universal background checks, which the president has asked Congress to pass through legislation. His action instead directs Attorney General Merrick Garland to clarify what it means to be “engaged in the business” of selling firearms.
Federal law requires that individuals in the business of selling guns be federally licensed and therefore check the backgrounds of buyers. Under the order, Garland will use his discretion to ensure gun sellers “willfully violating the law” and those unaware of background requirements become compliant.
“We remember and mourn today, but I’m here with you today to act,” Biden said at a Boys & Girls Club in Monterey Park, California, where he grieved with family members of 11 people killed in a mass shooting there in January. “It’s just common sense to check whether someone is a felon, a domestic abuser before they buy a gun.”
Biden faces increasing pressure to address gun violence following a series of mass shootings this year, but his proposals to reinstate a ban on assault weapons and require universal background checks lack the votes in the Republican-controlled House.
What else does Biden’s order do on gun safety?
“As close … as possible”: Biden’s gun order moves the United States “as close to universal background checks as possible without additional legislation,” the White House said.
Implementation: Federal agencies responsible for carrying out the Bipartisan Safer Communities Act – a landmark gun law passed by Congress last year – must detail how they’re implementing it within 30 to 60 days. A key piece of the legislation expands background checks on gun buyers 21 and younger to include their mental health and juvenile justice records.
“Red flag” laws: The order promotes the use of extreme-risk protection – a move meant to complement the 19 states that have “red flag” laws that allow a court to order the removal of a person’s firearms if they’re considered dangerous.
Promoting safety: The order directs Biden’s cabinet to do everything it can to promote the safe storage of firearms.
More: President Biden says ‘no rationale for assault weapons’ after Michigan State University shooting
‘I’m here on behalf of the American people,’ Biden tells Monterey Park
The shooting in Monterey Park, a cultural hub of the Asian-American community, took place in a dance studio after a Lunar New Year celebration.
“I’m here on behalf of the American people to mourn with you, to pray with you, to let you know that you’re loved and not alone,” Biden said.
Biden read off the names and stories of Monterey Park victims and recognized Brandon Tsay, a 26-year-old dance studio employee who disarmed the gunman. Tsay was a guest at Biden’s State of the Union address last month.
As part of his order, Biden directed members of his administration to develop a proposal to improve federal government support for communities affected by gun violence.
How does Biden’s order target the gun industry?
Rogue gun dealers: In an effort to expose “rogue” gun dealers, the order directs Garland to publicly release, to the fullest extent possible, ATF records that detail violations from the inspection of firearms dealers.
Gun marketing: It also orders the Federal Trade Commission to issue a public report analyzing how gun manufacturers market to minors and to all Americans through the use of military imagery.
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What they’re saying
Democrats in favor of gun control praised Biden’s action. “President Biden’s executive order is bold, sweeping, and will save thousands of lives,” said Sen. Chris Murphy, D-Conn.
Former New York Mayor Mike Bloomberg said increasing gun background checks will save lives. “Criminals will hate it – and so will the gun lobby that protects them. But it will help make America safer.”
“More must be done,” said former Arizona U.S. Rep. Gabrielle Giffords, “but there’s no telling how many lives will be saved thanks to the meaningful actions announced today.”
Second Amendment advocates blasted the order. Katie Pointer Baney, managing director of government affairs for the U.S. Concealed Carry Association, said none of the directives would have stopped recent mass shootings. “Our elected leaders should be supporting those law-abiding Americans instead of finding more ways to hinder their right to defend themselves.”
The big picture
Biden renewed his call for Congress to ban assault weapons and high-capacity magazines and require universal background checks following recent mass shootings at a dance studio in Monterey Park, California, Michigan State University and elsewhere.
“Let’s finish the job,” Biden said Tuesday. “Ban assault weapons. Ban them again. Do it now. Enough. Do something. Do something big.”
But the measures have virtually no chance of passage in Congress, forcing Biden to take more modest steps through executive authority.
It isn’t the first time Biden has taken this approach. In 2021, Biden directed his administration to tighten restrictions on so-called ghost guns, or untraceable weapons that can be constructed from parts purchased online.
Assuming Biden runs for a second term and Congress doesn’t act on gun control this year, expect Biden to make his case for more sweeping gun policy changes on the campaign trail in 2024.
Reach Joey Garrison on Twitter @joeygarrison.
