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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.
More:Biden looks to stem ‘ghost guns,’ unveils other steps to curb gun violence ‘epidemic’
Biden is set to discuss the order in Monterey Park, California, where 11 people were killed during a mass shooting in January. The president has faced pressure to address gun violence following a series of mass shootings this year.
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
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 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.
More:Is he running? On crime, the border and the budget, Biden signals his reelection bid
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.”
- Second Amendment advocates blasted the order. Katie Pointer Baney, managing director of government affairs for the U.S. Concealed Carry Association, said nothing in the order 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.
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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