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Le plan d'Obama : les armes à feu.

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NSCL

PRESIDENT OBAMA’S 2015 EXECUTIVE ACTIONS ON GUN CONTROL

1/5/2016

Overview

[pic 1]On Jan. 5, 2016, President Obama unveiled his new strategy to curb gun violence in America. His proposals focus on new background check requirements that will enhance the effectiveness of the National Instant Criminal Background Check System (NICS), and greater education and enforcement efforts of existing laws at the state level. As more information becomes available, this document will be updated. The 2015 plan:

  • Directs the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to require any business that engages in the sale of guns to obtain a federal license to do so and conduct background checks.  This requirement applies to gun stores, sellers of guns at gun shows, and sellers of guns over the Internet. The licensing requirement applies to all sellers “engaged in the business” of selling guns, regardless of how frequent or how many sales there are. Failure to obtain a license to sell will carry criminal penalties of up to five years in prison and a fine of up to $250,000.  Failure to conduct a required background check will also carry penalties.
  • Requires the ATF Bureau to issue a rule requiring background checks for purchasers of certain dangerous firearms and other items who purchase them through a trust, corporation or other legal entity. It will also issue a rule clarifying that gun dealers/licensees who ship firearms have the responsibility to notify law enforcement if their guns are lost or stolen in transit.
  • Encourages greater communications between federal and state authorities on criminal history information. The Obama administration seeks to increase the dialog with states to ensure the background check system is as comprehensive as it can be.
  • Instructs the FBI to overhaul the background check system to make it more efficient and accurate. Improvements include increasing personnel by 50 percent, modernize NICS to allow for background checks to be processed 24/7 and permit better notification of state and local authorities when certain prohibited persons attempt to buy a gun.
  • Calls for increased funding to ATF for the hiring of 200 new ATF agents and investigators to help enforce existing gun laws. ATF is also directed to establish an Internet Investigation Center with dedicated personnel to track illegal online firearms trafficking. The plan dedicates $4 million to and additional personnel to enhance the National Integrated Ballistics Information Network.
  • Asks the attorney general to encourage federal U.S. attorneys to work with state and local authorities and groups to increase prevention of domestic violence and to prevent prohibited persons from obtaining firearms.
  • Proposes a $500 million investment to increase access to mental health care by increasing service capacity and the behavioral health workforce. The Department of Health and Human Services will finalize a rule removing legal barriers preventing states from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.
  • Requires inclusion of mental health information from the Social Security Administration (SSA) in the background check system about beneficiaries who are prohibited from possessing a firearm. To this end. SSA will issue a rule to ensure that this information is reported to NICS. This rule will also include a waiver provision available to people seeking relief from the federal prohibition on possessing a firearm because of mental health reasons. Further details will be available upon issuance of this rule.
  • Directs the departments of Defense, Justice and Homeland Security to conduct or sponsor research into gun safety technology that would reduce the likelihood of accidental discharge or unauthorized use of a firearm. Requires that a strategy for real-world deployment of this technology be prepared within 90 days.
  • Calls upon state attorneys general to focus resources on eliminating the most dangerous and impactful cases in illegal gun trafficking, and violent offenders who bypass the background check system and purchase guns illegally.
  • Removes certain legal barriers preventing states from reporting information to NICS. HHS has been directed to clarify through a rule that certain Health Insurance Portability and Accountability Act covered entities are permitted to provide limited demographic and other necessary information about people with mental illness who are prohibited from possessing a firearm to the NICS.

Obama urges Americans to back tougher gun laws

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