Fact check: Obama executive actions spark sound and fury, but not much to see in them

 

Conservative opponents of President Obama have called him a “dictator,” a “tyrant,” “imperial,” for proposing executive actions he believes would help prevent gun violence.

“President Obama is again abusing his power by imposing his policies via executive fiat instead of allowing them to be debated in Congress,” charged Sen. Marco Rubio (R-FL), who is widely believed to be eyeing a 2016 White House run, in response to the president’s announcement Wednesday.

Reince Priebus, chairman of the Republican National Committee, accused the president of an "executive power grab." "Representative government is meant to give voice to the people; President Obama’s unilateral executive action ignores this principle," Priebus said in a statement

But the 23 executive actions the president signed today do not seem to go very far, as his critics suggest. In fact, most are administrative – publishing letters, writing memos, and appointing administrators.

There is even one the National Rifle Association would seemingly embrace -- No. 18 “Provide incentives for schools to hire school resource officers.”

Related: Obama's gun plans spark little enthusiasm with key lawmakers

The NRA called for the government to pay for an armed guard in every school in America.

The vagueness of some of the directives may cause controversy, but only one specific one jumps out that may get some talking -- No. 16: “Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”

There are some who believe the health-care law outlaws doctors from asking patients about guns in their homes. But that’s not true.

What it does prohibit, however, is “employers and the secretary of the Department of Health and Human Services from asking about gun ownership in many instances, and it prohibits HHS from collecting such data,” according to the Kaiser Health Foundation.

Seven states – Alabama, Florida, Minnesota, North Carolina, Oklahoma, Tennessee and West Virginia -- have considered laws to prevent doctors from talking to patients about guns in their homes. Only Florida’s became law, but a federal judge issued a permanent injunction against enforcing it.

“Doctors and other mental health professionals play an important role in protecting the safety of their patients and the broader community by reporting direct and credible threats of violence to the authorities,” according to a White House fact sheet released ahead of the president’s address Wednesday. “But there is public confusion about whether federal law prohibits such reports about threats of violence.”

Recommended: White House calls NRA 'repugnant,' 'cowardly' for invoking president's children in ad

It continues, “Doctors and other health care providers also need to be able to ask about firearms in their patients’ homes and safe storage of those firearms, especially if their patients show signs of certain mental illnesses or if they have a young child or mentally ill family member at home.” 

Here are the full 23 executive actions:

Gun Violence Reduction Executive Actions

Today, the President is announcing that he and the Administration will:

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 it widely 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 effective use of new gun safety technologies and challenge the private sector to develop innovative 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.

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Glad this fizzled out. I think the reason he thought he had some magic underwear on, is that he is the least knowledgeable President we have ever had with regard to the Constitution (and everything else). Now that this side show is over, we can get back to the debt ceiling.

  • 2 votes
Reply#53 - Wed Jan 16, 2013 4:34 PM EST

"The NRA called for the government to pay for an armed guard in every school in America."

Let the NRA pay for it.

    Reply#54 - Wed Jan 16, 2013 4:41 PM EST

    How about using some of the Billions we spend each month in foreign countrys that hate us. We equip, train and build build buildings for them. How about doing that here. We might even be able to find some police officers that would fit in with that type of work and do an excellent job.

    • 1 vote
    #54.1 - Wed Jan 16, 2013 5:05 PM EST

    Ourdoc......I like your logic. I pay $ 13K / year for my grandchildren to attend private Catholic grade school so I think I"ll stop paying taxes to support public education. Deal?

    • 1 vote
    #54.2 - Wed Jan 16, 2013 5:23 PM EST

    OURDOC, then let the libs pay for all the welfare and other wealth redistribution. I am for that.

    • 1 vote
    #54.3 - Wed Jan 16, 2013 5:39 PM EST
    Reply

    What is funny is that most of the 'school shooters' or 'mass shooters' STOLE The gins they used and killed themselves when done. Nothing can keep some one who is willing or worse yet, wants to die from getting a weapon of some sort and causing carnage, we are simply 'doing some thing' so we can say we did, fell oh so special and then pretend it will not happen again.

    When that fails, and we all know it will, we will whine, cry, nash our teeth and cry for some one to 'do something' again. It would be downright funny it it was not so sad.

    • 1 vote
    Reply#55 - Wed Jan 16, 2013 4:46 PM EST

    If the government was really serious about making sure the American people were safe, they'd put a bit more energy into enforcing the laws that already on the books rather than making up new ones. DRUGS and Illegal guns are one in the same. You find one, you'll find the other most times. Why not crack down on gangs and the drug trade. You'll get most of your illegal guns off the street that way. Nah, that would be too difficult otherwise it would have been done already right? So, instead, lets take away the legally bought guns. Lets make sure they're not operational. Make the magazines from some of these guns illegal, thereby making them useless. And lets take these things away from law-abiding citizens because it's easier to do that than having to find and arrest gang members. God forbid someone works for their money. It's just easier to make up some new rules and taxes to get more money isn't it? Why produce something? Create jobs? NO!! JUST TAKE AND TAKE AND TAKE..... hey, that sounds a lot like the guy who tried to rob me at gun-point the other day...... Sometimes I can't tell the difference between a criminal and a politician.

    • 1 vote
    Reply#56 - Wed Jan 16, 2013 4:46 PM EST

    Why not make drugs legal, which gets rid of the gangs, the prisons, and raises tax money.

    • 1 vote
    #56.1 - Wed Jan 16, 2013 5:34 PM EST
    Reply

    @EDNYLaw

    You may impress yourself with the fact that you "believe" that you are a "trained constitutional lawyer"....but, my friend you are alone on that one. I, sir, am a "trained" gun owner and am just as impressed at my ability to refrain from using my abilites to control the thoughts and actions of others...something you evidently forgot to consider when making the public remark about your education level. The 2nd ammendment, however vague or spelled-out, is for the protection of the people from ANY tyranny...ie: MILITIAS, GOVERNMENTS, "TRAINED CONSTITUTIONAL LAWYERS", etc... You are not free to interperet this. It is what our forefathers intended and is also why you still "currently" have the ability to even use your 1st ammendment! I can tell you exactly the reason that I want to own a "MILITARY STYLE WEAPON"...but that is also protected by the 1st ammendment and choose not to. GOOD DAY SIR AND GOD BLESS!

    • 2 votes
    Reply#57 - Wed Jan 16, 2013 4:49 PM EST

    When alcohol was outlawed,it criminalized good people,lives were ruined and Citizens died.Every American Citizen should be afforded every freedom they can tolerate.I could buy a Ferrari = 200mph+ even though speed limit is 70.Just because one dresses as a Lawyer,doesn't make them a good one.Ted Kennedy killed more people than my semi-auto even if it looks like military issue.Do want to rely on cops to protect your family,or an ineffective weapon?

    • 1 vote
    Reply#58 - Wed Jan 16, 2013 4:54 PM EST

    guinius

    EDNYLaw is correct in his statements. You should read Scalia's majority opinion from District of Columbia v Heller. Congress can ban some types of "arms" and not be unconstitutional.

      #58.1 - Wed Jan 16, 2013 5:18 PM EST

      OF course EDNY is right, he underpaid some legal secretary or paralegal to do it for him. Law school is not difficult, read a lot, write a lot, learn protocol and procedure. If you actually study for the bar it's not difficult. That is why there is a huge glut of attorneys. Most pitiful classes are on ethics, should be called lack of ethics. If you can argue logical reasonable arguments and build a rapport with judge and jury you are at an advantage. As far as his mocking of pro-se individuals representing themselves, I have seen criminals with no degrees spanking attorneys in court. All you have to do is a little research. As far as bragging about ones knowledge, thats usually done by inferior attorneys.

        #58.2 - Thu Jan 17, 2013 3:05 AM EST
        Reply

        Lets be crystal clear on a few things about government evidenced over the last 6 years. Legislation and regulations are the governments way of washing their hands of the problem or issue they are professing to fix. We are country in dire need of government overhaul. Regulations on Wall Street did absolutely nothing to stop and prevent greed and manipulation from running it. There hundreds if not thousands or regulators who reported to someone in a long line who got manipulated into turning a blind eye. The Horizon Platform debacle again there were hundreds if not thousands of regulator role players who reported to someone in a line that were bought and or paid off and manipulated into a blind eye. This current administration has resulted in a leader of a highly questionable background but again the so called regulators and overseers are easily manipulated and a blind eye is turned. So why then if we aren't willing to stop people from killings themselves from smoking do we think legislating gun laws is going to change anything. It is highly questionable even if the laws already in place to which a blind eye was again manipulated into in action could have prevented any of the events. Look around the world when you cant get guns you use bombs, when you cant get bombs you start fires, when you cant create fires you cause man made items to go haywire

        • 1 vote
        Reply#59 - Wed Jan 16, 2013 5:02 PM EST

        A bit of concern about #16. If someone goes to the doctor for stitches or a broken bone, why would a doctor need to know if you have a gun at home?

          Reply#60 - Wed Jan 16, 2013 5:02 PM EST

          My favorite part of this is number 18 and number 19 these sound a lot like they came from the NRA and appear to be the only things that would have made a difference in Newtown. As for background checks I live in Texas and even here I have NEVER bought a gun without an instant background check. Then filled out all the federal forms saying what I got and where I live etc. I can't imagine it's easier ...to buy guns elsewhere?
          Of course once I have proven my good guy Bonifides through the said system then why would they want to restrict what I may purchase? Especially after having gone through the background check that went with my conceal carry permit. I'm feeling like I ain't got to kiss anyone elses ass at this point when it comes to gun purchases. This is where I become suspicious of the government intent.

            Reply#61 - Wed Jan 16, 2013 5:06 PM EST

            Some people are very stupid. Go back to the British era and see what happen when they started fooling around with gun laws. When the SS shows up, on your door step, please don't shoot any of them. Just let them have your guns. Guest what, if they even suspect you have a weapon, the law will force it's way into your house.

              Reply#62 - Wed Jan 16, 2013 5:09 PM EST

              tag is right - stupidity is raging across this country and he is leading the pack - I find it utterly amazing that a Doctor (note it doesn't say a mental health Doctor) can ask about guns in my home as a law abiding citizen and yet the Police aren't allowed to ask someone if they are in this country legally? Are the lefties that stupid that they don't see that makes no sense whatsoever? this will actually have the reverese effect that the govt wants - who is going to answer that question and say Yes? This will deter individuals from seeking treatment for fear of being labeled "mentally ill" - Vets aren't going to seek help for PTSD - the very people who need the help and are prone to such violent acts aren't going to get the proper care because of this.We have idiots in DC and the head one is Barry (Joe's not far behind)

              • 1 vote
              Reply#63 - Wed Jan 16, 2013 5:11 PM EST

              mrwood3 your exacltly right,no internet site will just send you a gun it has to go to an FFL Dealer.

              For the liberal/dem bunch thet stands for Federal Firearms Liscense,and to get one you have to jump through a lot of hoops,and it can take months.Like buying a silencer,any one can buy one providing you fill out the proper paper work,submit it to the BATF,pay a 200.00 fee called a taxstamp,thing is you have a whole set of rules you have to follow,say for instance you want to go to the local range and shoot using it you have to present that piece of paper to the owners showing proof that you have obtained it leagally or your ask to leave and I have witnessed LE being called and informed also. I have a few guns all purchased the proper way,each time I purchased one a background check was done.I also have several weapons handed down through my family,father to son father to son. The Second amendment does not purtain to hunting it is about The People Being a Well Regulated Militia,in laymans terms it is a safe guard to keep our goverment in check,if tyranny rears it's ugly head we can chop it off to preserve our freedoms,and it SHALL NOT BE INFRINGED.

              Lets face a few facts, they tryed to "ban" alcohol,didnt work,drugs are illeagl people still buy them, they banned assault style weapons,1994,Columbine still happened.Crooks and people who want to do harm to other people will always find a way. The question should be would you rather have a gun and never need it or not have one and need one. Me I'll keep mine and keep my family safe,and I'll always hope I never need to use it.

                Reply#64 - Wed Jan 16, 2013 5:13 PM EST

                I'm pro-gun but I've been saying for days that pro-gun people have been overly worried. All the political thumb suckers in D.C. will do is strengthen existing laws. Obama can't pass laws with executive orders. A ban on black semi-auto rifles (which is all they are) won't make it through Congress. I just don't see it happening.

                If by some slim chance they do get something through Congress it won't affect all of the existing firearms/magazines that are already owned or currently out in the marketplace.

                I do wish I had a pile of 20-round & 30-round magazines I could sell right now. People are making a fortune off of them. I looked today:

                1. Ten 20-round AR-10 .308 caliber pmags sold for $1,025....Normally, you could buy 10 of them for around $170.

                2. Five 30-round AR-15 pmags are going for $450 right now

                3. A case of 100 30-round AR-15 pmags are going for $5,225 right now

                Normally you could buy 5 30-round AR-15 pmags for around $75. Oh well, another opportunity to make a few extra bucks is passing me by.

                  Reply#65 - Wed Jan 16, 2013 5:14 PM EST

                  Obama Blinked --These are EXECUTIVE ACTIONS --- NOT---EXECUTIVE ORDERS - WAKE-Up America !!! Praise 'God Amen Because ;
                  I Thought the SHOOTING WAR WAS Going to start today, in America if the Bans ect went forward with UN-'Constitutional EXECUTIVE ORDERS against are right to Fight against tyranny , with which would cause WAR ! and I mean with all intent and purposes of the meaning of the word WAR.! But they Don't seam to be ready for that yet at least Publicly.
                  UN-'God-ly-ness =NO Love=NO'God=Evil= Lawlessness= Illegal laws made against the Highest Law of the Land='Constitution & Bill of Rights !=Crime=by Usurpers =Rebels. (Illegal laws ) Thus aren't Laws = So They are Nullified by the People. *** This is the LAW., with the 2nd if need be.Wake-Up U.S.A. Lolove for you STAND ! & We STAND ! FIRM ! You- We SHALL NOT Waver ! NO FEAR HERE or Where You are !!! STAND !!! ~♥♥ † ♥♥~ American Christians & Christians in the World & Nations. May the FAITH be with you Always. Amen.♥♥♥ in life or death you are the 'Lords.----Amen

                    Reply#66 - Wed Jan 16, 2013 5:16 PM EST

                    Since we seem to have a do nothing congress, who only wants to protect the rich, and big businesses such as the manufactures of big guns, I hope the President uses his executive power to circumnavigate the congress and get things done. If congress would shut down and go home for a couple years and take the lobyiest with them our country could get along just fine.

                      Reply#67 - Wed Jan 16, 2013 5:17 PM EST

                      "Reince Priebus, chairman of the Republican National Committee, - "Representative government is meant to give voice to the people"

                      OK then, Reince - so why is it that the RNC is NOT listening to the wishes of the people - as they are pretending the November election never happened. Reaching out to women and emerging demographics? Nope, he's encouraging R-controlled state houses to subvert the voice of the people by hatching new election laws that will put better advantage to their gerrymandering.No need to change or listen to the people - I mean, if we were going by popular vote - the Dems would have won back the HOuse. Dems received 1.2 million more votes.

                      GOP - has lost popular vote in 5 of the last 6 elections. No problem! Just cheat!

                        Reply#68 - Wed Jan 16, 2013 5:18 PM EST

                        What a pair, Dumb and really Dumber. Thank Gof or the repubs.

                          Reply#69 - Wed Jan 16, 2013 5:27 PM EST

                          So it's ok when a Republican president (Bush) power grabs, but it's tyrannical if a Democrat does it? Let us not forget some of the power Obama is using is thanks to Bush and his power grabbing.

                          • 1 vote
                          Reply#70 - Wed Jan 16, 2013 5:29 PM EST

                          Nobody likes to see things like Sandy Hook and Aurora. This feel good stuff will not help. Mental health is a big issue. An even bigger issue is the gangs across the country. Not a thing said about the biggest killer of kids and gun related violence in the country. This from a guy that comes from Chicago. He should know all to well that gangs are the biggest source of gun related violence. They openly recruit kids to a life of crime. Yet, he ignores this and says nothing. Can't appeal to voters that way. To get serious about reducing gun reated violence and killing you need to declare gangs a terrorist organization. They have choosen a life of crime and murder. Lock them up and keep them there. You will see a huge decrease in gun related violence and murder by doing this. To deny this is to deny the gang problem across the country.

                            Reply#71 - Wed Jan 16, 2013 5:29 PM EST

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

                            Didn't anyone tell Washington that FEMA and the Emergency Management Institute (EMI) already have a training program in place addressing this specific item its been rolled out over all 50 states. The name of the training program is "Multihazard Emergency Planning for Schools", if you want to know more contact your local state Emergency Management Office. Don't reinvent the wheel its already on the rack all that is needed is for institutions mentioned is avail themselves of it...!!

                              Reply#72 - Wed Jan 16, 2013 5:31 PM EST

                              Can somebody please tell me what affect this will have on the record number of murders in the South Chicago hood where any gun is outlawed? Why did it take the Newton shootings to provide the urgency in more gun laws instead of the endless murders in the hood? This is all politics and Newton just provides another opportunity. Kind of like the politicians who show up when a plane load of dead GI'S comes back to get the 15 minutes of TV time to tell us how proud they are of the young men and women THEY sent to get killed while making ridiculous rules that prevent them from winning. Wake up people, dem or rep they are full of Bull&hit. re-election is their only goal.

                                Reply#73 - Wed Jan 16, 2013 5:34 PM EST

                                Why not tax all gun sales and use the money to support the NRA's recommendation for Guards, Automatic Door Locks and Silent Alarms in schools?

                                This has nothing to do with the 2nd Amendement and should be done right now anyway.

                                • 1 vote
                                Reply#74 - Wed Jan 16, 2013 5:34 PM EST

                                Why not tax the libs for the nanny state they so desperately want? So lets do a survey and if you are for something you will be taxed a portion of its cost so only people for it will carry the burden. If people knew they had to pay for something there would be less of it. The problem is the Libs sell it on the basis that someone else will pay for it and to you it is free. Reminds me of a sign in an Atlanta bar I remember,, "We Fu&k the other guy and pass the savings on to you" That should be the mantra of the democratic party.

                                  #74.1 - Wed Jan 16, 2013 5:45 PM EST
                                  Reply

                                  HAD the President's EXECUTIVE ACTION on gun storage safety been strictly enforced,

                                  there is a good chance that Newtown never would have happened…. Because the son would
                                  not have been able to access the mother’s weapons….probably guaranteed if the gun safe
                                  had a finger ID lock.

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

                                  .

                                  .

                                  .

                                  QUESTION: If one State's limited, or non existant gun laws is responsible for a gun to cross State lines ... and become a weapon of death...can one State sue another State?

                                  If that gun was illegally transferred to someone with a
                                  criminal record...and winds up firing at innocent people...what about a class
                                  action suit?

                                  This web site shows the disparity between States

                                  on gun laws/ restrictions/ permitting/ regulations

                                  http://www.guardian.co.uk/world/interactive/2013/jan/15/gun-laws-united-states

                                  Click on your State in the "wheel"...

                                  Don’t freak because it is a UK site…. Look at the bottom:

                                  Sources:

                                  The Law Center to Prevent Gun Violence,

                                  NRA Institute for Legislative Action,

                                  National Conference of State Legislatures

                                  YES….NRA is a source

                                  .

                                  .

                                  For all those that think that concealed carry is the way to go...WATCH

                                  http://www.youtube.com/watch?v=8QjZY3WiO9s

                                  And here's part two...

                                  http://www.youtube.com/watch?v=rLN6_s66wTg

                                  I BEG you to LOOK at these before you go RAMBO on your posts.

                                  • 1 vote
                                  Reply#75 - Wed Jan 16, 2013 5:37 PM EST

                                  The people that Ole Barry needs to worry most about are his tit-sucking voters who own guns. The day the tit dries up and the money runs out gonna be the day a whole lotta Obama voters start blazing away! Duck Barry!

                                    Reply#76 - Wed Jan 16, 2013 5:37 PM EST

                                    Why not tax all gun sales and use the money to support the NRA's recommendation for Guards, Automatic Door Locks and Silent Alarms in schools?

                                    This has nothing to do with the 2nd Amendement and should be done right now anyway.

                                      Reply#77 - Wed Jan 16, 2013 5:37 PM EST

                                      TB- you make way too much sense. Stop it!

                                        #77.1 - Wed Jan 16, 2013 5:44 PM EST
                                        Reply
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