Reducing Gun Violence and Making Our Communities Safer

Overview

Purpose and Intent: Executive Order 14092, signed by President Joseph R. Biden Jr. on March 14, 2023, aims to address the pervasive issue of gun violence in the United States through a multifaceted approach involving various federal agencies. It builds on prior legislative frameworks, such as the Bipartisan Safer Communities Act, and issues directives to broaden and enforce existing laws and policies. Enhancements to background check compliance, the promotion of gun safety through education, and fostered cooperation across different levels of government and communities to implement violence prevention strategies are central to this order.

Scope of Action: The EO mandates rigorous actions from departments such as Justice, Defense, Health and Human Services, Education, and Homeland Security. The aim is to close loopholes in the gun sale process, limit the arsenal of illegal weapons, and ensure that previously revoked gun dealers cannot operate under different guises. By requiring these departments to submit detailed implementation reports and strategies, the EO sets a precedent for accountability and inter-agency collaboration.

Social Context: Positioned amidst growing national demand for gun reform—highlighted by consistent mass shootings and general gun-related violence—the EO reflects the administration’s response to the increasingly urgent discourse on gun control. While not unilaterally changing existing laws, it underscores the administration’s commitment to using executive powers to address what it frames as both a public safety and public health crisis, thereby showing a shift towards prevention and intervention, alongside legislative efforts.

Implementation Strategy: Heavily reliant on existing legal frameworks, the policy aims to maximize their potential through a detailed, governmental whole-of-government approach. Emphasis is placed on immediate and long-term solutions, such as increased utilization of the National Integrated Ballistic Information Network (NIBIN) and improving firearm shipment safety, to create sustainable mechanisms for tackling gun violence. The order recognizes systemic underreporting and underutilization of current legal tools to curb illegal firearm circulation and violence, urging for public awareness and stricter policy adherence.

Expected Outcomes: By enveloping a range of legal and community intervention strategies, the EO seeks measurable declines in gun-related incidents and a robust infrastructure for addressing such incidents when they occur. This embedded accountability underscores the administration's commitment to transparency and its goal of enhancing community resilience against gun violence through structured, systematic interventions.

Legal and Policy Implications

Constitutional Basis: Executive Order 14092 is grounded in the constitutional duty of the executive branch to ensure public safety. The order does not enact new laws but directs federal agencies to employ existing legal instruments more effectively, utilizing the President's constitutional authority to guide inter-agency coordination and reformulate policy implementation.

Statutory Framework: The EO prominently references the Bipartisan Safer Communities Act, leveraging this recent legislation to facilitate the federal government’s enhanced role in reducing gun violence. By calling for "extreme risk protection orders" and more effective national background check systems, the order seeks to optimize statutory frameworks designed for gun safety and violence prevention.

Regulatory Impact: Directives for potential rulemaking by the Attorney General and others could lead to new regulations clarifying and expanding the class of individuals considered “engaged in the business” of firearms dealing. This has potential implications for federal licensing requirements, augmenting regulatory oversight while aligning with existing statutory mandates on firearm sales.

Policy Adaptations: The EO indicates a shift in federal policy toward a proactive stance on gun-related violence. It orders the expansion of federal campaigns for safe firearm storage and calls for comprehensive support mechanisms for victims and communities affected by gun violence. This involves a harmonization of policies across various departments and agencies to ensure a cohesive federal response.

Federal, State, and Local Interactions: By promoting the use of NIBIN and supporting state and local laws such as red flag laws, the EO encourages a seamless partnership between different government tiers, pushing for consistency in gun law application and enforcement. This creates a legal backdrop to support state-level initiatives, fostering cooperation for joint objectives in gun violence reduction.

Who Benefits

Communities at Risk: Communities frequently impacted by gun violence are the primary beneficiaries. The order aims to enhance these communities' safety through increased law enforcement precision and better resource allocation for violence prevention and intervention initiatives.

Youth and Families: Focusing on enhanced background checks and promoting firearm safety, the EO seeks to create safer environments for young people. Emphasizing mental health resources and education provides children and families direct support mechanisms to handle trauma associated with gun violence.

Law Enforcement: Federal and local law enforcement agencies gain from improved resources and tools, such as enhanced ballistics data sharing and clearer definitions of firearm dealing. The EO’s directives streamline processes and reinforce community-oriented policing, making law enforcement operations more effective and efficient.

Healthcare Providers: Prioritizing mental health interventions and supporting extreme risk protection orders, the EO emphasizes healthcare providers' roles in preventing gun violence. This fosters a collaborative approach where healthcare systems are more integrally involved in community safety strategies.

Victim Support Organizations: Organizations focusing on victim support gain from increased federal attention and resources. The administration's initiative to understand and address the long-term impacts of gun violence on survivors and their families provides new opportunities to expand their reach and effectiveness.

Who Suffers

Gun Dealers: Licensed gun dealers may face increased scrutiny as the EO mandates stricter compliance with federal regulations. Emphasis on transparency and public release of inspection reports could impact dealers cited for violations, potentially harming reputations and business operations.

Firearm Manufacturers: The firearms industry may face challenges due to prospective regulatory changes and increased public scrutiny driven by the Federal Trade Commission’s examination of marketing strategies, particularly those targeting minors. This can affect marketing and sales strategies within the sector.

Rogue Operators: Former federally licensed firearms dealers with revoked licenses face significant limitations under this EO. It aims to curtail illegal firearms operations by ensuring these individuals cannot legally continue their business, thereby limiting avenues for firearms trafficking.

Logistics and Shipping Companies: Companies involved in firearm shipping and transport might encounter operational constraints due to new reporting requirements and safety protocols. The EO calls for improvements in handling firearm losses and thefts during shipment.

Organizations Opposed to Gun Control: Advocacy groups opposed to gun regulation may view this as a threat to Second Amendment rights. Despite the EO’s foundation on existing laws, these organizations might argue it overreaches presidential powers, potentially rallying against the administration’s agenda.

Historical Context

Trend in Executive Actions: This EO continues a broader trend of administrations applying executive orders to navigate complex societal issues such as gun control, often facing gridlocks in Congress. Gun control measures, historically contentious, frequently emerge as executive orders when legislative pathways are obstructed.

Precedent in Gun Safety Legislation: It builds on a legacy of executive orders addressing gun violence. Prior presidents, including Barack Obama, issued similar orders to close loopholes and enhance enforcement when congressional action was limited. This EO follows that tradition, reinforcing executive resolve amidst congressional gridlock.

Partisan Landscape: The EO fits within the Biden administration's expected ideological framework prioritizing public safety and gun regulation, often contested by political opponents who champion less restrictive Second Amendment interpretations.

Policy Shift: Historically, federal action on gun violence faced criticism for being reactive rather than proactive. This EO's emphasis on prevention, comprehensive safety protocols, and mental health resources marks a shift in approach, acknowledging the multifaceted nature of gun-related violence.

Public Demand: The EO’s timing and content also reflect heightened public pressure for federal action following a spate of mass shootings. This executive action aligns with a substantial segment of public opinion that supports expanded measures for gun control.

Potential Controversies or Challenges

Legal Disputes: Legal challenges could arise from interests claiming that the EO oversteps executive authority, infringing on rights typically safeguarded by the legislative process. Such challenges could question the legality of redefining gun dealer operations and mandating sweeping regulatory compliance measures.

Congressional Resistance: Political opposition in Congress may arise, particularly from members who view the EO as an encroachment on Second Amendment rights. This could lead to legislative efforts to countermand the order or block related funding initiatives.

Enforcement Viability: The EO's efficacy hinges on agency cooperation and efficient implementation. Potential failure in inter-agency coordination or discrepancies in executing directives could undermine its objectives, leading to criticisms about the federal government’s ability to enforce its own policies.

Court Interventions: Judicial interventions in executive orders on gun control have precedent. Courts may be called upon to interpret the order's scope and its congruence with statutory laws, providing ground for litigation that can delay its provisions.

Public and Political Backlash: The EO might provoke backlash from constituents in districts where gun ownership is prevalent. Political backlash from such communities can manifest in various forms, including state-level legal maneuvers intended to limit the EO's impact within those territories.