Issue link: https://www.epageflip.net/i/624400
ByAliciaA.Caldwell The Associated Press WASHINGTON President Barack Obama's propos- als to tighten gun control rules may not accomplish his goal of keeping guns out of the hands of would- be criminals and those who aren't legally allowed to buy a weapon. In short, that's because the conditions he is changing by executive action are murkier than he made them out to be. Obama will be talking again about guns Thurs- day evening when he plans to take questions from gun control supporters and op- ponents alike in a televised town hall meeting on CNN. Some of Obama's com- ments and how they com- pare with the facts: OBAMA: "A violent felon can buy the exact same weapon over the Internet with no background check, no questions asked." THE FACTS: It's not that straightforward. In fact, federally licensed gun deal- ers are required by law to conduct background checks for gun purchases no mat- ter where the sale takes place — in a store, at a gun show or online. While pri- vate gun sales can be con- ducted over the Internet, if the sale involves peo- ple in different states, a li- censed gun dealer in the state where the gun is go- ing still has to be involved in the transfer. Regardless of the seller, it is illegal for a convicted felon to buy or possess a gun unless they have had their rights restored. But prohibited buyers have evaded the law to buy guns. OBAMA: "We're going to require firearms dealers to report more lost or stolen guns on a timely basis." THE FACTS: The effect of this is unclear because the government already re- quires gun dealers to re- port all lost or stolen guns within 48 hours of discov- ering that they are missing. This is true for guns in their shops or those being sent to them. Obama did not say how much faster he wants the reporting to be or how he would achieve that. OBAMA: "Anybody in the business of selling firearms must get a license and con- duct background checks, or be subject to criminal pros- ecutions. It doesn't mat- ter whether you're doing it over the Internet or at a gun show. It's not where you do it, but what you do." THE FACTS: "In the business" is the key condi- tion for coming under this requirement, and the def- inition may have a lot of wiggle room. Federal law defines people who "repeti- tively buy and sell firearms with the principal motive of making a profit" as be- ing "engaged in the busi- ness" of selling guns and re- quires them to be licensed. The license process includes a $200 application fee and a criminal background check. People who only occasion- ally sell guns from their personal collections don't have to apply for a license. The law does not specify how many guns a person has to sell to be considered "engaged in the business" of selling guns and neither did Obama. His new guidance definesadealerasonewhose "principal motive" is profit. OBAMA: "Even after San Bernardino, they've (Con- gress) refused to make it harder for terror suspects who can't get on a plane to buy semi-automatic weap- ons." THE FACTS: That's at least in part because gun ownership is a constitu- tional right and getting on an airplane isn't. Be- ing placed on the govern- ment's no-fly list is a pro- cess that generally is not subjected to an indepen- dent legal review or a judi- cial process such as a court- room trial. A person can be barred from boarding a U.S. airline based merely on sus- picion that he or she might pose a threat. Having one's name removed from the no-fly list is arduous and can take years. The bar is higher, such as a criminal conviction, for the govern- ment to take away a per- son's constitutional right to own a firearm. EXECUTIVE ACTION Fact check: Obama's gun proposals may fall short of goals JACQUELYNMARTIN—THEASSOCIATEDPRESS An emotional President Barack Obama, joined by Vice President Joe Biden, pauses while speaking in the East Room of the White House in Washington on Tuesday. By Jack Gillum The Associated Press WASHINGTON The State Department produced "in- accurate and incomplete" responses to public records requests while Democratic presidential hopeful Hill- ary Clinton led the depart- ment, including its inability to find documents showing she used a private email ac- count for official business, the agency's watchdog re- ported Thursday. The inspector general's findings come the same day the State Department is ex- pected to release thousands more pages of Clinton's cor- respondence. The report found personnel responsi- ble for Freedom of Informa- tion Act requests in the sec- retary's office often missed deadlines and didn't meet legal requirements for con- ducting complete searches. Overall, the report from Inspector General Steve Linick found a "lack of oversight" by agency lead- ership, as well as a "failure to routinely search emails" as part of FOIA requests. The report faulted ongo- ing staff shortages amid re- quests that have taken more than 16 months to process, stretching back to requests during former President George W. Bush's adminis- tration. Clinton, the front-runner for her party's presidential nomination, has faced criti- cism for relying on a private, homemade email server to conduct State Department business. The AP first re- ported in March 2014 the existence of a server in her Chappaqua,NewYork,home. She used that server instead of an official account on gov- ernment email systems. Linick found that records involving Clinton's private email account, requested in 2012 by the nonprofit Citi- zens for Responsibility and Ethics in Washington, had turned up no records. It was one of four examples the re- port highlighted while Clin- ton was in charge, includ- ing how a request for her schedules by the AP "sat dormant for several years" until the news cooperative sued the State Department last March. Four months later, the agency disclosed in court filings it finally conducted a search and lo- cated at least 4,440 records. Clinton has since handed over 55,000 pages of emails to the State Department she said pertained to her work as secretary using her per- sonal address. But Linick's report un- derscored inherent prob- lems for public responses to records requests when government employees use such a private account. The federal public re- cords law "neither autho- rizes nor requires agen- cies to search for federal records in personal email accounts maintained on private servers or through commercial providers" such as Gmail or Yahoo, the re- port stated. "Furthermore, the FOIA analyst has no way to independently locate federal records from such accounts unless employees take steps to preserve offi- cial emails in department record-keeping systems." State Department spokesman John Kirby said in a statement the agency is "committed to transpar- ency, and the issues ad- dressed in this report have the full attention" of Sec- retary of State John Kerry. Kirby said the volume of FOIA requests had tripled since 2008, and resources "have not kept pace." The former secretary of state has faced questions during her campaign about whether her unusual email setup was sufficient to en- sure the security of govern- ment information and re- tention of records. 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