Obama taking action on gun background check system

April 19, 2013 @ 3:03 am


President Barack Obama, next to Vice President Joe Biden, gestures as he speaks during a news conference in the Rose Garden of the White House, in Washington, on Wednesday, April 17, 2013, about the defeat in the Senate of a bill to expand background checks on guns. (AP Photo/Manuel Balce Ceneta) | Zoom

WASHINGTON (AP) - Blocked by Congress from expanding gun sale background checks, President Barack Obama is turning to actions within his own power to keep people from buying a gun who are prohibited for mental health reasons.

Federal law bans certain mentally ill people from purchasing firearms, but not all states are providing data to stop the prohibited sales to the FBI's background check system. A federal review last year found 17 states contributed fewer than 10 mental health records to the database, meaning many deemed by a judge to be a danger still could have access to guns.

The Obama administration was starting a process Friday aimed at removing barriers in health privacy laws that prevent some states from reporting information to the background check system. The action comes two days after the Senate rejected a measure that would have required buyers of firearms online and at gun shows to pass a background check. That's already required for shoppers at licensed gun dealers.

Stung by the defeat, Obama vowed to keep up the fight for the background check expansion but also to do what he could through executive action.

"Even without Congress, my administration will keep doing everything it can to protect more of our communities," Obama said from the Rose Garden shortly after the Senate voted. "We're going to address the barriers that prevent states from participating in the existing background check system."

Obama also mentioned giving law enforcement more information about lost and stolen guns and establishing emergency plans for schools. Those measures were among the 23 executive actions the president signed in January when he announced his broader push for tighter gun laws in response to a mass shooting of first-graders and staff at Newtown, Conn.'s Sandy Hook Elementary School.

The Health and Human Services Department on Friday was beginning to ask for public comment on how the Health Insurance Portability and Accountability Act, passed by Congress in 1996 and known as HIPAA, is preventing some states from reporting to the background check system and how to address the problem. Under HIPAA, health care providers such as hospitals may release limited information to police, but only in certain circumstances such as when a court is involved.

Since 1968, federal law has banned the sale of guns to those who have been deemed a danger to themselves or others, involuntarily committed or judged not guilty by reason of insanity or incompetent to stand trial. The background check system _ which is also used to prevent convicted felons from buying guns _ was established under the 1993 Brady Bill.

A few state agencies shared mental health records voluntarily for years, but the Virginia Tech massacre in 2007 spurred passage of legislation that required states to submit the records or eventually risk losing up to 5 percent of the federal funding they receive to fight crime.

Last year's review by the Government Accountability Office found that although the number of mental health records available to the background check system increased 800 percent since 2004, some states said they were not sharing mental health information because of concerns about restrictions under HIPAA privacy law. Obama is interested in a change that would specifically allow disclosure of mental health records for the system, and he wants to increase financial incentives for states to contribute the information.

In the Virginia Tech rampage, student Seung-Hui Cho shot 32 people to death and committed suicide. He was able to buy two guns even though he had been ruled a danger to himself during a court hearing in 2005 and was ordered to undergo outpatient mental health treatment.

Authorities have not described a possible motive or released details of any mental health condition that might explain why Sandy Hook shooter Adam Lanza killed 20 children and six adults before killing himself. The rifle he used was purchased by his mother, whom he also killed at home before heading to the school.

The background check system does not give retailers access to mental health records but simply tells them whether a buyer is approved, denied or needs additional investigation before a firearm may be purchased. The system doesn't tell the seller why a potential buyer was denied.

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Follow Nedra Pickler on Twitter: https://twitter.com/nedrapickler


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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Comments (122)


  • Add A Comment

  • CH wrote...
    Be worried about Congress Dear Leader -
    January 17, 2013 6:17 am
    he is. See his pen and his executive orders? Do it King Obama send the NRA over the cliff!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • It's me! Ha ha! wrote...
    and what exactly it is he does not want us to focus on?
    January 17, 2013 6:30 am
    You tell me Dude! I didn't vote for this regime. I voted to end it.

    Obama, the Dear Leader is attempting to limit one of the bill of rights. The Second amendment. The very same amendment that these Liberals have wanted to abolish for decades. And now we have a nation full of mindless Sheep who will follow their Dear Leader anywhere and support the destruction of whatever American tradition and values that they are told to do so by their Dear Leader Obama.

    SUBTERFUGE? You seriously think that this regime is not doing anything to undermine our Constitution and our nation while this battle rages on? Remember the party line of "Never let a crisis go to waist?"

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sambra27 wrote...
    Ha ha
    January 17, 2013 8:55 am

    Thank you for providing me with endlessly entertaining points. I enjoy reading what you and your alter ego CH have to say

    In case you forgot, you used the word subterfuge. Subterfuge effectively means deceit in order to acheive ones goal. In other words, a trick. You used the word, so back it up. What trick?

    I wouldn't want a crisis to go to my waist...that would hurt

    And thank you for respecting myself and your President enough to capitalize Dude and Dear Leader.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • It's me! Ha ha! wrote...
    Again Sambra.
    January 17, 2013 9:28 am
    What do you suppose this regime and it's Dear Leader are up to with all this media coverage on him attempting to shred my US Constitution?

    What subterfuge, dude!

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sambra27 wrote...
    No subterfuge
    January 17, 2013 9:47 am

    To answer your question, I do not think he is deceiving the American Public. Every one of Obama's gun control measures has to be approved by Congress and by the Senate. Any one of Obama's spending plans has to be approved by Congress and the Senate, so I do not think in any way that he is using this gun control talk as trickery to make the American public oblivious to an alterior motive.

    To be frank, there are some measure I agree with that he has put forth and some that I do not. I agree with the eliminating the background check loophole and I agree with adding extra security to schools. I am not sure about the assualt weapons ban and the smaller magazine clips. I do think there is a statistical "probability" that smaller magazines and outlawing automatic weapons can reduce the number of deaths in massacres (not necessarily the number of massacres). I do not think that it is necessarily fair to take away the right of a law-abiding gun owner to own those particular weapons. What they use those weapons for (recreationally) is a moot point. Alot of us on here have talked about the 2nd Amendment and how it applies to the common citizen being able to arm him or herself to thwart the hostile takeover of a tyrannical government. Perhaps it's time to change the wording of the amendment, to keep those same rights but also make it more indicative of the times?

    Nope, no deceit going on here. Maybe a subtle reduction of the rights of gun owners under the 2nd amendment, but then again, they already KNEW that, so there is no deceit going on. Answer your own question, because I love conspricary theorists.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sambra27 wrote...
    I should say
    January 17, 2013 9:49 am
    it is NOT necessarily fair to take away the right of law-abiding gun owners to use those paerticular weapons.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sambra27 wrote...
    By the way, Ha ha
    January 17, 2013 9:53 am
    "Never let a crises go to waste" is the same as saying "let it not have happened in vain"...it's almost the same as saying "let a negative action have a positive reaction".
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • It's me! Ha ha! wrote...
    it is NOT necessarily fair to take away the right of law-abiding gun owners to use those paerticular weapons
    January 17, 2013 10:19 am
    No it is not fair or right at all, Sambra.

    How does it benefit me or anyone else for Obama to limit at best, the second amendment? My ability to protect my family and friends and myself? And, at the same time, giving felons, gang bangers, and insane people, literally, more ammo to use against me and my fellow law abiding Americans.

    Criminals see what is happening here and where Obama wants to take this. They thank those of you who did what you were supposed to do and give the Dear Leader 4 more years in America.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sambra27 wrote...
    ...
    January 17, 2013 3:23 pm
    Uh huh
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    You tell me Dude! I didn't vote for this regime. I voted to end it.
    January 30, 2013 6:47 pm
    and how did that work out for you? You only got 4 more years till you lose again. LOL
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • calapete wrote...
    never underestimate the publics ability to drift off...
    March 28, 2013 9:01 am
    but as we know in our leading nation of killers and gun violence, more dead kids will happen in the future.

    It will be the "oh yeah" moment for the masses when they remember the previous tragedies and why Congress hasn't done anything.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HPD 5-0 wrote...
    Hey, Barry.
    April 2, 2013 4:51 pm
    B.U.D.G.E.T. We need one from you. It's the law. Oh, I forgot. You don't care about the law...or The Constitution!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • hnuh wrote...
    Score one for freedom
    April 17, 2013 2:21 pm
    We know what the left seeks with its gun control efforts. We need to remain vigilant because the forces of the left will never stop trying to disarm the public. They will never feel free to conduct their underlying agenda openly until they have succeded in this effort. Fight on! Your children's freedom depends on you.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HLC wrote...
    Great news for the American people.
    April 17, 2013 3:28 pm
    Not so much for the socialist fools following Obozos agenda. I do feel sorry for the Newtown families he used as puppets in his quest to take away law abiding citizens guns. In the end history has proven the socialist agenda will fail.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HLC wrote...
    Sambra27
    April 17, 2013 3:33 pm
    Whats the first thing I think of when I think of Hitler? Con man. Exactly what comes to mind when I think about Obama.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }