Brady Handgun Violence Prevention Act
The Brady Handgun Violence Prevention Act, commonly known as the Brady Law, is a significant piece of legislation aimed at regulating handgun purchases in the United States. Enacted in 1993 and effective from February 1994, the law was named after James Brady, who was critically injured during an assassination attempt on President Ronald Reagan in 1981. The act initially instituted a five-day waiting period for handgun purchases and mandated background checks to prevent prohibited individuals from acquiring firearms.
Over time, the responsibility for conducting these background checks transitioned from local law enforcement to the National Instant Criminal Background Check System (NICS), established in 1998. The law has been credited with preventing millions of attempts to purchase handguns by individuals barred from owning them. However, the Brady Law faced legal challenges based on states' rights, notably culminating in the Supreme Court case Printz v. United States in 1997, which ruled that the federal government could not compel state officials to conduct background checks. Despite this ruling, the NICS continued to operate and fulfill the background check requirements. The Brady Law remains a cornerstone of gun control advocacy and discussions in the U.S., reflecting ongoing debates about gun rights and public safety.
Brady Handgun Violence Prevention Act
The Brady Handgun Violence Prevention Act, often simply called the Brady Law, is named for James Brady (1940-2014). Brady, the White House press secretary, was seriously injured in an assassination attempt on President Ronald Reagan in 1981. The attack was one of several high-profile shootings at that time. Brady campaigned for the Brady Bill from his wheelchair.
When it went into effect, the Brady Law required a five-day waiting period on handgun purchases through licensed dealers. This requirement was to be in effect for five years, while the Attorney General's Office established a national system to conduct background checks.
Initially, local officials were responsible for conducting the background checks, but this requirement was later overturned. Many viewed the legal challenge as a gun control issue, but it was in fact a states' rights issue.
Overview: Background
On March 30, 1981, Brady, President Reagan, a Secret Service agent, and a Washington, D.C., police officer were shot and wounded by John Hinckley. Brady, who was shot in the head, never fully recovered from his injuries. He remained partially paralyzed until his death in 2014. He and his wife, Sarah, joined Handgun Control, Inc. (HCI) and lobbied for stronger gun laws. Such legislation was vigorously opposed by the National Rifle Association (NRA). In November 1993, President Bill Clinton signed the Brady Bill, an amendment to the Gun Control Act of 1968. The Brady Law went into effect in February 1994.
The Brady Law required a five-day waiting period and background check on people attempting to buy handguns and placed the responsibility of conducting the checks on state and local law-enforcement officials. In a 1997 court case, Printz v. United States, the Supreme Court struck down that requirement. While the case was making its way through the court system, the Federal Bureau of Investigation (FBI) created the National Instant Criminal Background Check System (NICS). The NICS began taking on the duty of performing the background checks in November 1998.
According to The Christian Science Monitor, as of 2014, the Brady Law had thwarted more than two million attempts to purchase handguns by those prohibited by law from owning them.
Previous Gun Control Laws
Prior to the Brady Law, Americans could purchase handguns from dealers or pawnbrokers who paid a small $10 fee for a gun dealer license. A purchaser simply filled out a form, which stated that he or she was not a drug addict, a felon, or mentally incompetent. After paying for the weapon, the purchaser simply carried it away. Nothing prevented individuals from lying when they signed the form, and nothing stopped the dealer from selling the gun.
Though Hinckley had raised suspicion when he was arrested in an airport with three guns, nothing prevented him from buying other handguns. He went to a pawnshop, where he bought the weapon he used to shoot President Reagan and the others in Washington, DC.
Challenge to Brady Law
Sheriff Richard Mack of the Graham County Sheriff's Department in Arizona protested the added work of performing the federally mandated background checks. Mack said he and his department were too busy fighting crime, including gang activities, to do the research. He also believed the federal law violated the Tenth Amendment, which says that states hold any powers not spelled out as federal in the Constitution.
Mack and Sheriff Jay Printz of Ravalli County, Montana, both sued the federal government. A federal district court sided with the sheriffs, but on appeal to the circuit court, they lost their cases. The cases were combined and then went to the US Supreme Court on appeal.
Under questioning by the Supreme Court Justices, Mack supported his position. A judge asked him what he believed about the extent of state power. For example, he was asked if it was unconstitutional for a federal agent to request to see the sheriff's records. Mack said he believed it was.
Walter Dillinger, acting solicitor general, argued for the government. His argument was that if the Brady Law imposed on state and local officials, it did so in a very small way. Dillinger said that the law imposed administrative obligations on officials who were best suited to local government rather than the federal government.
During arguments, some justices indicated that they thought the Brady Law placed political accountability on the states because local officials were left to determine the extent of the reasonable effort they would make in conducting background checks.
In their decision, the justices noted that giving the responsibility of checking backgrounds to the thousands of officials in the states eroded the power of the office of the president because Congress could simply force state officials to implement laws. The justices who dissented said the framers of the Constitution did not specifically forbid Congress from placing federal duties on local officials or, for that matter, private citizens. They compared the Brady Law provision to a federal requirement for law officials to report missing children to the Department of Justice's Crime Control Center.
The Supreme Court's ruling in Mack's favor in June 1997 meant the mandate that local law-enforcement officials conduct the background checks was no longer in effect. The suit, however, made little impact. The NICS took over the responsibility the following year.
Bibliography
"Brady Law." Bureau of Alcohol, Tobacco, Firearms and Explosives, 15 July 2021, www.atf.gov/rules-and-regulations/brady-law. Accessed 25 Oct. 2024.
"States May Not Be Compelled 'to Implement...Federal Regulatory Programs." Washington Post. The Washington Post Company. 28 June 1997. Web. 23 Jun. 2015. HYPERLINK www.washingtonpost.com/wp-srv/national/longterm/supcourt/stories/062897b.htm. Accessed 25 Oct. 2024.
Strout, Richard L. "How John Got His Gun." The Christian Science Monitor. The Christian Science Monitor. 4 Sep. 1981. Web. 23 June 2015. www.csmonitor.com/1981/0904/090424.html. Accessed 25 Oct. 2024.
Swan, Noelle. "James Brady, a Champion of Gun Control Known for His Charm and Wit." The Christian Science Monitor. The Christian Science Monitor. 4 Aug. 2014. Web. 23 June 2015. www.csmonitor.com/USA/USA-Update/2014/0804/James-Brady-a-champion-of-gun-control-known-for-his-charm-and-wit-video. Accessed 25 Oct. 2024.