LEGAL EASE
by Shane Givens and Summer McWhorter

Jan. 21, 2013

President Obama's gun control plan


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After I have been asked this question a number of times, and from what I can gather these are a few of the predicted “highlights” of President Obama's plan:

1) Assault weapons ban. As of 1994, there is a standing weapons ban on 19 types of military-style assault weapons, including semi-automatic rifles and pistols like AK-47s and Uzis. This was originally a 10-year ban. The ban technically ran out in 2004, and has languished around in Congress since then. President Obama intends to extend the ban already in place, and make the ban tougher than the one that expired in 2004. Many legislators, however, are skeptical that such a law will pass, primarily because of strong opposition from the National Rifle Association.

2) Ban on high-capacity magazines. One issue that has surfaced in the wake of recent mass shootings is the legality of high-capacity ammunition magazines, which can enable a shooter to fire off dozens of rounds without having to reload. Accordingly, Obama will push for magazines to be capped at 10 bullets per.

3) Universal background checks. The idea of universal criminal and mental health background checks for all firearms sales is emerging as the central priority in the president's gun legislation. Currently, criminal background checks are required only for guns sold through licensed firearm dealers, which account for only 60 percent of gun sales in the United States. One loophole also allows those not "engaged in the business" of gun selling to peddle firearms without a license or without filing any paperwork.

4) Federal funds for national background checks. President Obama will also call for increased federal funds to improve the national background check system for gun purchases. That would mean money for more personnel to answer phones when background checks are made, and more agents to inspect licensed firearms dealers.

5) Research on gun violence. President Obama has also suggested he'll make a push for expanding the research opportunities on gun violence. Many people have criticized the lack of federal funding for the research and prevention of gun violence. Vice President Joe Biden suggested last week that the White House is looking to change that trend.

6) Mental health. The Department of Health and Human Services later this year will issue a rule to implement the Mental Health Parity Act, which equalizes mental health services and access with other "traditional" forms of medical care. This is to expand the coverage and availability of mental health services to vulnerable populations. Also, the president will call for more training for mental health professionals and school counselors and may provide some federal funds for this goal. He will also seek better mental health training for first responders so they might detect mental health problems or warning signs.  


This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to
givenslaw@tds.net.