Promoting Smart Gun Technology

On January 4, 2016, President Obama unveiled in a Presidential Memoranda his new plan to control gun violence in America. His proposals are to perform background checks and tighter rules for gun buyers. Therefore, President Obama directs:

·     “Section 1. Research and Development. The Department of Defense, the Department of Justice, and the Department of Homeland Security (departments) shall, to the extent practicable and permitted by law, conduct or sponsor research into gun safety technology that would reduce the frequency of accidental discharge or unauthorized use of firearms, and improve the tracing of lost or stolen guns.”

·         “Section 2.  Department Consideration of New Technology. The departments shall, to the extent permitted by law, regularly (a) review the availability of the technology described in section 1, and (b) explore potential ways to further its use and development to more broadly improve gun safety.  In connection with these efforts, the departments shall consult with other agencies that acquire firearms and take appropriate steps to consider whether including such technology in specifications for acquisition of firearms would be consistent with operational needs.”

In conclusion President Obama hereby authorized and directed the Attorney General to publish this memorandum in the Federal Register.

What are the differences between Executive Orders, Executive Actions and Presidential Memoranda?

Executive Actions are just actions – for example: informal proposals or moves – made by a president. Executive Actions can include Executive Orders, but they can also include Presidential Memoranda, Proclamations, or any number of other ways the president directs the operations of the executive branch. But most Executive Actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress.

An Executive Order is a specific type of Executive Action — an official, legally binding mandate passed down from the president to federal agencies under the executive branch. Executive Orders are legally binding and published in the Federal Register, though they also can be reversed by the courts and Congress.

Presidential Memoranda are similar to Executive Orders in that they carry legal weight allowing the president to direct government officials and agencies. Unless the President determines the rules have "general applicability and legal effect”, the Presidential Memoranda are usually not printed in the Federal Register.

by: A. Magel, BridgehouseLaw LLP, Atlanta, GA