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National Politics

How the Biden Administration Plans to Crackdown on Guns

As the Biden administration continues its efforts to address gun violence and the Second Amendment, specific action items continue to trickle out.

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Last week, Biden told the nation he was reiterating his call for Congress to pass legislation to address the ‘gun violence epidemic.’

The announcement of upcoming action from the White House includes:

  • The Justice Department, within 30 days, will issue a proposed rule to help stop the proliferation of “ghost guns.”

    WHAT THE WHITE HOUSE SAID: We are experiencing a growing problem: criminals are buying kits containing nearly all of the components and directions for finishing a firearm within as little as 30 minutes and using these firearms to commit crimes. When these firearms turn up at crime scenes, they often cannot be traced by law enforcement due to the lack of a serial number. The Justice Department will issue a proposed rule to help stop the proliferation of these firearms.
  • The Justice Department, within 60 days, will issue a proposed rule to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act.

    WHAT THE WHITE HOUSE SAID: The alleged shooter in the Boulder tragedy last month appears to have used a pistol with an arm brace, which can make a firearm more stable and accurate while still being concealable.
  • The Justice Department, within 60 days, will publish model “red flag” legislation for states.

    WHAT THE WHITE HOUSE SAID: Red flag laws allow family members or law enforcement to petition for a court order temporarily barring people in crisis from accessing firearms if they present a danger to themselves or others. The President urges Congress to pass an appropriate national “red flag” law, as well as legislation incentivizing states to pass “red flag” laws of their own. In the interim, the Justice Department’s published model legislation will make it easier for states that want to adopt red flag laws to do so.
  • The Administration is investing in evidence-based community violence interventions.
  • The American Jobs Plan proposes a $5 billion investment over eight years to support community violence intervention programs.

    WHAT THE WHITE HOUSE SAID: Community violence interventions are proven strategies for reducing gun violence in urban communities through tools other than incarceration. Because cities across the country are experiencing a historic spike in homicides, the Biden-Harris Administration is taking a number of steps to prioritize investment in community violence interventions.

    The American Jobs Plan proposes a $5 billion investment over eight years to support community violence intervention programs. A key part of community violence intervention strategies is to help connect individuals to job training and job opportunities.

    The U.S. Department of Health and Human Services is organizing a webinar and toolkit to educate states on how they can use Medicaid to reimburse certain community violence intervention programs, like Hospital-Based Violence Interventions.

    Five federal agencies are making changes to 26 different programs to direct vital support to community violence intervention programs as quickly as possible. These changes mean we can start increasing investments in community violence interventions as we wait on Congress to appropriate additional funds.
  • The Justice Department will issue an annual report on firearms trafficking.

    WHAT THE WHITE HOUSE SAID: In 2000, the Bureau of Alcohol, Tobacco, and Firearms (ATF) issued a report summarizing information regarding its investigations into firearms trafficking, which is one way firearms are diverted into the illegal market where they can easily end up in the hands of dangerous individuals. Since the report’s publication, states, local, and federal policymakers have relied on its data to better thwart the common channels of firearms trafficking. But there is good reason to believe that firearms trafficking channels have changed since 2000, for example due to the emergence of online sales and proliferation of “ghost guns.” The Justice Department will issue a new, comprehensive report on firearms trafficking and annual updates necessary to give policymakers the information they need to help address firearms trafficking today.
  • The President will nominate David Chipman to serve as Director of the Bureau of Alcohol, Tobacco, and Firearms.

    WHAT THE WHITE HOUSE SAID: ATF is the key agency enforcing our gun laws, and it needs a confirmed director in order to do the job to the best of its ability. But ATF has not had a confirmed director since 2015. Chipman served at ATF for 25 years and now works to advance commonsense gun safety laws.

Last month, the House of Representatives passed H.R. 8, the Bipartisan Background Checks Act, led by GVP Task Force Chair Rep. Mike Thompson (CA-05). The chamber also passed H.R. 1446, the Enhanced Background Checks Act, led by Democratic Whip Rep. Jim Clyburn (SC-06), which seeks to address and close what Democratic lawmakers refer to as the “Charleston Loophole,” which allows a firearm sale to proceed if a background check is not completed within three business days.  

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