ONTD Political

The 23 Executive Orders On Gun Safety Signed Today By The President

5:05 pm - 01/17/2013

President Obama has signed 23 executive orders designed to address the problem of gun violence in America. The following are the items addressed:

Gun Violence Reduction Executive Actions:

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.

2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.

3. Improve incentives for states to share information with the background check system.

4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.

5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.

6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

7. Launch a national safe and responsible gun ownership campaign.

8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).

9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.

10. Release a DOJ report analyzing information on lost and stolen guns and make itwidely available to law enforcement.

11. Nominate an ATF director.

12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.

13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.

14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.

15. Direct the Attorney General to issue a report on the availability and most effectiveuse of new gun safety technologies and challenge the private sector to developinnovative technologies.

16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.

17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

18. Provide incentives for schools to hire school resource officers.

19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.

20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.

21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.

22. Commit to finalizing mental health parity regulations.

23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.

It does not appear that any of the executive orders would have any impact on the guns people currently own-or would like to purchase- and that all proposals regarding limiting the availability of assault weapons or large ammunition magazines will be proposed for Congressional action. As such, any potential effort to create a constitutional crisis—or the leveling of charges that the White House has overstepped its executive authority—would hold no validity.


(no subject) - Anonymous
jasonbeast 18th-Jan-2013 04:28 am (UTC)
Some jackass commenter on NBCNews.com was blathering on today about doctors asking patients about gun ownership. Not sure if they were being willfully dense or if they actually thought that's what item #2 actually meant.
moonshaz 18th-Jan-2013 05:35 am (UTC)
I wouldn't panic just yet. The way this is worded is pretty darned vague. "Address unnecessary legal barriers" MIGHT just mean addressing the way people are interpreting certain provisions of HIPAA, and providing clarification on that. Or something.

I'm not going to get worried till I hear more specifics.
corinn 18th-Jan-2013 08:25 am (UTC)
I think it refers to the letter HHS sent out to health care providers:

HHS Issues Message to Nation's Health Care Providers About HIPAA and Threats to Health and Safety
Posted by Rachel Grunberger on January 17, 2013

Following the release of the President’s plan to reduce gun violence [PDF link], the Office for Civil Rights within the Department of Health and Human Services (HHS) issued a “Message to Our Nation’s Health Care Providers” [PDF link] regarding HIPAA and reporting threats of violence.

In the letter, which was prompted by the recent mass shootings in Newtown, Connecticut, and Aurora, Colorado, HHS states that it wants to ensure that health care providers are aware that the HIPAA Privacy Rule does not prevent them from disclosing necessary information about a patient to law enforcement, family members of the patient, or other persons, when the health care provider believes the patient “presents a serious danger to himself or other people.”

Specifically, under 45 C.F.R. § 164.512(j), a covered health care provider who believes in good faith that a warning is necessary to prevent a serious threat to health or safety may, consistent with applicable law and standards of ethical conduct, alert those persons whom the provider believes are reasonably able to prevent or lessen the threat. As an example, a mental health professional whose patient has made a credible threat to inflict serious bodily harm on another person may alert the police, a parent, school administrators, and others who may be able to intervene.

HHS also pointed out that, in addition to professional ethical standards, most states have laws and/or court decisions that address and often require disclosure of patient information to prevent or lessen the threat of harm; and providers must understand their duties and authority in those situations. The letter closes by emphasizing that, because health care providers may have information about a patient that indicates a serious and imminent threat to health or safety, they “play an important role in protecting the safety of their patients and the broader community.”


IDK if "states... making information available to the background check system" means they want for any such threats to be logged for background checks instead of buried in a patient file unreported or what.
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