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Live now President Obama Delivers Remarks on Reducing Gun Violence (Original Post) Sunlei Jan 2016 OP
This is Barack's FDR Moment!!! You GO, POTUS!!!! MADem Jan 2016 #1
I admire how he is often looking directly at the camera, bringing us watching this on TV.. ChisolmTrailDem Jan 2016 #2
30,000 Americans a YEAR- DIE by gunshot. Thirty-Thousand People. Sunlei Jan 2016 #3
20k plus of that number intentionally shoot themselves pipoman Jan 2016 #4
yes, the President said some of the 30,000 are suicides. Sunlei Jan 2016 #5
"Most" would have been more accurate. nt B2G Jan 2016 #6
And assuage the sensibilities of anyone attempting to paint an irrlevant distinction. LanternWaste Jan 2016 #11
Well he just cleared that up for you gwheezie Jan 2016 #13
2/3 are suicides pipoman Jan 2016 #8
Does it do damage? rufus dog Jan 2016 #9
People don't kill themselves because they have a gun pipoman Jan 2016 #15
And people would rather use obfuscation than answer simple questions rufus dog Jan 2016 #22
The question was silly. what background check are you talking about? pipoman Jan 2016 #31
I can't imagine it would materially affect that number onew ay or another whatthehey Jan 2016 #35
So 10K is negligible? Gidney N Cloyd Jan 2016 #38
None are negligible pipoman Jan 2016 #42
Gun Lobby "can not hold America hostage"! flamingdem Jan 2016 #7
Man, I'm going to miss him nt firebrand80 Jan 2016 #10
Anyone in the business of selling guns must be licensed and conduct comprehensive background checks ChisolmTrailDem Jan 2016 #12
That's already federal law. Straw Man Jan 2016 #14
An executive order from the president that demands enforcement of existing laws. nt ChisolmTrailDem Jan 2016 #17
I have to wonder why a President needs to issue an EO dumbcat Jan 2016 #24
consistancy DustyJoe Jan 2016 #29
Directing the ATF on how to determine who is in the business of selling guns. MohRokTah Jan 2016 #18
Not really hack89 Jan 2016 #21
A person making 25 private sales per year is in the business of selling guns,... MohRokTah Jan 2016 #25
Private sales are a state issue hack89 Jan 2016 #26
The feds can close it easily under the commerce clause. MohRokTah Jan 2016 #27
Private sales by definition do not cross state lines hack89 Jan 2016 #28
Correct. Straw Man Jan 2016 #30
No they can't pipoman Jan 2016 #34
Nope, the "business of selling guns" is already defined in 18 USC Sec 921 dumbcat Jan 2016 #33
I think the president TeddyR Jan 2016 #37
But if and when a case goes to court dumbcat Jan 2016 #40
Where do you see the 25 sales per year figure in the EOs? dumbcat Jan 2016 #41
Potus shedding tears remembering first graders shot dead nt flamingdem Jan 2016 #16
Recommended! H2O Man Jan 2016 #19
I am not seeing where it accomplishes anything Chuuku Davis Jan 2016 #20
Some minor adjustments but nothing significant. nt hack89 Jan 2016 #23
By placing this in the legislatures lap randr Jan 2016 #32
There is no instances of this being a winning issue at the polls ..the opposite pipoman Jan 2016 #36
Please be specific randr Jan 2016 #43
What proposals? pipoman Jan 2016 #44
This accomplishes nothing Matrosov Jan 2016 #39

MADem

(135,425 posts)
1. This is Barack's FDR Moment!!! You GO, POTUS!!!!
Tue Jan 5, 2016, 12:42 PM
Jan 2016

He's got Sandy Hook parents and others up there with him.

I am loving this.....

Gabby Giffords is there as well with her husband, too.

Mayor of Boston, too....

:large

 

ChisolmTrailDem

(9,463 posts)
2. I admire how he is often looking directly at the camera, bringing us watching this on TV..
Tue Jan 5, 2016, 12:49 PM
Jan 2016

...into the room with him.

 

LanternWaste

(37,748 posts)
11. And assuage the sensibilities of anyone attempting to paint an irrlevant distinction.
Tue Jan 5, 2016, 01:07 PM
Jan 2016

And would also have assuaged the sensibilities of anyone attempting to paint an irrelevant distinction.

As to its accuracy, one definition being "unspecified but considerable in number, amount, degree, etc..." it appears rather valid in both context and usage.

 

rufus dog

(8,419 posts)
9. Does it do damage?
Tue Jan 5, 2016, 01:06 PM
Jan 2016

Will a background check increase or reduce that number?

And before you out up some lame ignorant fucking fact which is used to defend doing nothing think about it. Stop lights slow me down, I want lights all green from my house to the freeway, fuck everyone else, I want what I want, no restrictions, I drive safely, why should I be impacted by anyone else.

Finally, and caps are on purpose, YOUR FUCKING RIGHT TO UNFETTERED ACCESS TO GUNS DOES NOT TRUMP OTHERS RIGHTS TO SAFETY.

 

pipoman

(16,038 posts)
15. People don't kill themselves because they have a gun
Tue Jan 5, 2016, 01:14 PM
Jan 2016

They kill themselves because they are suicidal.

 

rufus dog

(8,419 posts)
22. And people would rather use obfuscation than answer simple questions
Tue Jan 5, 2016, 01:19 PM
Jan 2016

Simple fucking question, no fucking answer.

That is typical from the pro gun side, inability to answer simple fucking questions. It is truly pathetic.

 

pipoman

(16,038 posts)
31. The question was silly. what background check are you talking about?
Tue Jan 5, 2016, 01:48 PM
Jan 2016

There will be no change based on any description Ive seen so far...no background checks on intrastate private sales.

whatthehey

(3,660 posts)
35. I can't imagine it would materially affect that number onew ay or another
Tue Jan 5, 2016, 01:57 PM
Jan 2016

Background checks are a good idea for all sales. Nary a problem with them at all. But if you are going to kill yourself and want a gun to do it AND you are somehow precluded from buying a gun (no background check on earth can screen for suicidal desire if there is no other impediment to purchase) I doubt the penalties for an illegal purchase will deter you. It doesn't deter people who want to get high on heroin now and killing yourself is a bit more final.

Background checks even if applied universally will probably have a minimal but slightly positive OVERALL impact. The only way they will though is for people who fit ALL the below criteria.

Unable to legally buy a gun
Incapable of finding an illegal seller or deterred by possible penalties of illegal purchase
Willing to shoot self or others
Unwilling or unable to harm self or others by other means

But that's it. If any one of those does not apply, or obviously more, then perfect UBC would do bugger all.

 

pipoman

(16,038 posts)
42. None are negligible
Tue Jan 5, 2016, 03:17 PM
Jan 2016

The question must be, in the absence of guns what would the net reduction of the 30k be? Certainly some, most of the 10k are criminals motivated to kill.

Im all about reduction and have been an advocate for better enforcement for years. I just don't pretend that there will ever be a reduction in these killings by people who wish to kill or by people who want to kill themselves.

 

ChisolmTrailDem

(9,463 posts)
12. Anyone in the business of selling guns must be licensed and conduct comprehensive background checks
Tue Jan 5, 2016, 01:08 PM
Jan 2016

...and it gets better.

dumbcat

(2,120 posts)
24. I have to wonder why a President needs to issue an EO
Tue Jan 5, 2016, 01:20 PM
Jan 2016

to his own law enforcement departments to tell them to enforce Federal Law. What am I missing?

DustyJoe

(849 posts)
29. consistancy
Tue Jan 5, 2016, 01:42 PM
Jan 2016

Now if he would reverse his earlier instructions to DHS, INS, ICE and Border Patrol to ignore federal immigration laws and allow unfettered, unvetted access across our borders, THEN I would consider his views on federal law enforcement as consistant and balanced across the board. Till then, just window dressing telling one federal LEO to do their jobs right while instructing other federal LEO's to ignore the laws. You cannot be a nation of laws if you can select which ones to bother with. (PS ex LEO myself).

 

MohRokTah

(15,429 posts)
18. Directing the ATF on how to determine who is in the business of selling guns.
Tue Jan 5, 2016, 01:17 PM
Jan 2016

It's an end run round the gun show loophole. Simply putting regulations in place that will shut down most gun show sales that occur without a background check.

 

MohRokTah

(15,429 posts)
25. A person making 25 private sales per year is in the business of selling guns,...
Tue Jan 5, 2016, 01:28 PM
Jan 2016

under this executive action.

That is a reasonable breakoff point under current law.

Now we need Congress to act to require any transfer of any firearm go through an FFL, allowing the FFL to charge a fee for the service.

hack89

(39,171 posts)
26. Private sales are a state issue
Tue Jan 5, 2016, 01:33 PM
Jan 2016

that is why this "loophole" exists in the first place - when crafting the Brady bill, Congress did not have the power to regulate intrastate gun sales.

 

MohRokTah

(15,429 posts)
27. The feds can close it easily under the commerce clause.
Tue Jan 5, 2016, 01:34 PM
Jan 2016

Guns are sold across state lines, thus the feds have governing control under the commerce clause.

The feds can easily require all gun sales be through an FFL.

hack89

(39,171 posts)
28. Private sales by definition do not cross state lines
Tue Jan 5, 2016, 01:37 PM
Jan 2016

by existing federal law any gun sale that crosses state lines must go through a licensed gun dealer. Private sales are when a citizen of a state sells a gun to another citizen of that state while both are physically in that state.

Straw Man

(6,625 posts)
30. Correct.
Tue Jan 5, 2016, 01:47 PM
Jan 2016

Definitions for clarity:

intrastate: within one state
interstate: between two states

Interstate sales, even between two "private" (non-dealer) individuals, must go through a dealer and a background check, per current federal law. That hasn't changed.

 

pipoman

(16,038 posts)
34. No they can't
Tue Jan 5, 2016, 01:56 PM
Jan 2016

For exactly the same reason they were exempted in 1994 and why they are still exempt today....20 years later....exactly why the president didn't order it today...can't be done.

dumbcat

(2,120 posts)
33. Nope, the "business of selling guns" is already defined in 18 USC Sec 921
Tue Jan 5, 2016, 01:55 PM
Jan 2016

An Executive Action does not change the law.


U.S. Code › Title 18 › Part I › Chapter 44 › § 921
18 U.S. Code § 921 - Definitions

(11) The term “dealer” means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.

(21) The term “engaged in the business” means—
(
(C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;


Neither the law nor the BATFE states how many guns one must sell to be considered "intent to make a livelihood" of selling firearms. That is up to judges and juries. The prosecutor must prove "intent" beyond a reasonable doubt.
 

TeddyR

(2,493 posts)
37. I think the president
Tue Jan 5, 2016, 02:13 PM
Jan 2016

Is trying to clarify (and arguably broaden) the definition of "person engaged in the business of selling firearms." At least that's what an article on the WaPo said.

dumbcat

(2,120 posts)
40. But if and when a case goes to court
Tue Jan 5, 2016, 02:27 PM
Jan 2016

what counts is what the law says, not what the President would like it to be. The prosecutor has to convince a jury beyond a reasonable doubt that the accused broke the law as written. A judge cannot allow the prosecutor to try to submit an EO as "law." And the defense will so inform the jury. If these principles are violated it is grounds for appeal.

randr

(12,413 posts)
32. By placing this in the legislatures lap
Tue Jan 5, 2016, 01:49 PM
Jan 2016

Obama is handing the Democrats a social issue to run on. The fright wing has used their so called right to life and anti gay issues for decades to get out their vote. I hope the Democrat's running for office jump on this as the proposals Obama has put forth are enormously popular and should give our winning candidates an even larger victory.

randr

(12,413 posts)
43. Please be specific
Tue Jan 5, 2016, 06:37 PM
Jan 2016

When has anyone run based on the items of Obama's proposals?
Every poll I have seen for the last number of years has the people wanting stricter rules for acquiring weapons by wide margins. Even the NRA keeps up the mantra of "just enforce the laws we have".

 

pipoman

(16,038 posts)
44. What proposals?
Tue Jan 5, 2016, 06:51 PM
Jan 2016

Gun control as a whole doesn't have much support and tends to cost more than it gains in a lot of states.

 

Matrosov

(1,098 posts)
39. This accomplishes nothing
Tue Jan 5, 2016, 02:20 PM
Jan 2016

His heart is in the right place, but I don't see this as accomplishing anything. Many shooters passed the background checks and were 'law-abiding gun owners' before they started shooting. Meanwhile, those with prior convictions aren't going to go to a licensed dealer in the first place. They'll either steal a weapon or buy it off the streets.

While he didn't mention them, I also think we are too obsessed with the subjects of assault rifles and high capacity magazines. Let's not forget that the majority of gun deaths are not the result of mass shootings like in San Bernardino. Long guns in general are involved in only a small percentage of the overall gun deaths.

Let's start going after a major source of the problem, handguns. They are by far the most popular choice when it comes to firearm-related crimes. Sadly, as long as most gun owners are white and most victims are people of color, that won't happen. (Remember, much of the earliest gun control was actually meant to keep weapons out of the hands of African-Americans; now that the law can no longer discriminate based on race, whites have been trying to push in the opposite direction and reduce the amount of gun control).

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