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WASHINGTON — President Joe Biden will take 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” the statutory definition of firearms dealing, according to senior Biden administration officials familiar with the order.
Federal law requires individuals engaged in the business of dealing firearms 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.
More:Biden looks to stem ‘ghost guns,’ unveils other steps to curb gun violence ‘epidemic’
Biden, who faces pressure to address gun violence following a series of mass shootings this year, is set to sign the order while visiting Monterey Park California, where 11 people were killed during a mass shooting in January.
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
![President Joe Biden, seen here Monday in San Diego, plans to sign new executive action on guns Tuesday that looks to expand the number of background checks conducted during the sale of guns.](https://www.gannett-cdn.com/presto/2023/03/13/USAT/657bcbf9-b229-4f9d-9aed-ab9183f17e4e-GTY_1473357437.jpg?width=660&height=440&fit=crop&format=pjpg&auto=webp)
How does Biden’s order address 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 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.
- Preparedness: Biden’s action directs members of his administration to develop a proposal for how to structure the government to improve federal support of communities hurt by gun violence.
More:Is he running? On crime, the border and the budget, Biden signals his reelection bid
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.
But the measures have virtually no chance of passage in the Republican-controlled House, forcing Biden to take more modest steps through executive authority.
It isn’t the first time Biden has opted for 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 that Congress doesn’t act on gun control this year, Biden is likely to make his case for larger gun policy changes on the campaign trail in 2024.
Reach Joey Garrison on Twitter @joeygarrison.
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