President Obama's Actions on Gun Control Are Probably Lawful, but Are not Likely to Have a Major Impact

President Obama recently announced a series of executive actions and policy initiatives regarding gun violence. The President's actions have been praised enthusiastically by some and condemned stridently by others. This post summarizes the actions and assesses their legality and likely effectiveness. In short, the actions are almost certainly lawful, but are unlikely to reduce gun violence significantly. Summary. The White House explains the President's actions here, and PBS highlights the main points here. Some of the main initiatives are: ATF has published this new guidance on who qualifies as a firearms “dealer” and so must conduct background checks when selling a weapon pursuant to 18 U.S.C. 922(t). The FBI will hire 230 new people to help conduct background checks 24/7 The President will seek funding for more ATF agents and better mental health care The President has directed the DOJ and others to research gun safety technology, including smart gun technology The President also noted the development of several administrative rules, on topics including gun trusts; requiring dealers to notify law enforcement if guns are lost or stolen in transit; and having the Social Security Administration report certain mental health-related information to the background check system.   Legality. Most of the President’s actions are legally noncontroversial. For example, the President is the head of the executive branch, and therefore has substantial authority over executive agencies like the FBI and the Department of Justice. Likewise, the President is free to request funding for more ATF agents or for mental health treatment, though Congress [...]