James BradyPosted on 11/30/2006 6:13:59 AM PST by yankeedame
The Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (Nov. 30, 1993), codified at 18 U.S.C. § 921 et seq., also known as the Brady Bill, was passed by the United States Congress, signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994.
The act was named after , who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.
James Brady
Provisions The Act initially required purchasers to wait up to five days for a background check to occur before purchasing a handgun from a federal firearms licensee.
If the background check was returned before the five days had elapsed, then the transfer could occur at that time, and if the check had not completed in five days, then the transfer was allowed to occur.
In some states, proof of a previous background check could be used to bypass the wait; for example, a state issued concealed carry permit usually included a background check equivalent to the one required by the Act and could be used in place of the Act's check.
Many states passed shall issue concealed carry laws in the wake of the Act's passing.
The Act applied only to transfers from a dealer licensed to sell guns by the U.S. Treasury Department to a private individual. Sales between private parties could not be covered under the Act because the federal government has no jurisdiction to restrict intrastate commerce.
The provision in the Act that mandated local law enforcement officials to carry out background checks was struck down by the Supreme Court in 1997 because, the court ruled, it violated the Federalism provisions of the U.S. Constitution (see below). In many jurisdictions, no attempt was made to process the background checks, and the Act became a simple five day waiting period.
The waiting period provision of the Act expired in 1998 when the National Instant Check System (NICS) came online. NICS is managed by the FBI.
The system runs database checks on criminal records. A handgun purchaser may still have to wait for up to three business days if the NICS system fails to positively approve or deny his or her application to purchase a handgun; if the denial is not issued within three days, the transfer may be completed at that time. State alternatives to the background check, such as state issued handgun permits or mandatory state or local checks, may stil bypass the NICS check.
Sarah Brady
Sarah Brady and the Brady Law
The Brady Bill was championed for over a decade by Brady's wife, Sarah Brady, who became a gun control advocate after her husband was shot. In 1989 she became chairman of the legislative lobby, Handgun Control, Inc. (HCI).
In 1991 she became chairman of HCI's "education, research, and legal advocacy" arm, The Center to Prevent Handgun Violence. After the controversial shooting of exchange student Yoshihiro Hattori, she was a guest of honor at the signing ceremony for the bill in 1993, a milestone for her organizations.
James Brady, who is severely brain damaged, appeared in a wheelchair....
The Brady Law today
The five day waiting period for handgun purchases expired on November 30, 1998 and was replaced by a computerized criminal background check prior to any firearm purchase from a federally-licensed firearms dealer.
All federally-licensed firearms dealers must now verify the identity of a customer and receive authorization from the National Instant Check System (NICS) which usually takes only a matter of minutes instead of the previously required waiting period.
Unless an exception applies or the purchase is being made using an approved alternative method, Brady Law requires that background checks for individuals be conducted before a firearm may be purchased from an FFL. Unless there are additional state restrictions the firearm may be taken upon NICS approval.
Purchases from a non-FFL are not subject to the Brady Law but may be covered under other federal, state (usually) and local (rarely) restrictions. This distinction prevails without regard to the locus of the sale. Thus FFL sales at gun shows are still subject to NICS approval while private sales are not. The so-called "Gun Show Loophole" would be more accurately called a "Private Sale Loophole."
The Brady Law does not apply to licensed Curios & Relics (C&R) collectors but only in respect to C&R firearms [1]. The FFL Category 03 Curio & Relic license costs $30 and is valid for 3 years. Licensed C&R collectors may also purchase C&R firearms from private individuals or from federal firearms dealers, whether in their home state or in another state and ship C&R firearms in interstate commerce by common carrier. Curios or relics are defined in 27 CFR 478.11 as "Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." The regulation further states "To be recognized as curios or relics, firearms must fall within one of the following categories:
(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
(b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
(c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less."
For the "true conservatives" on FR. Ronald Reagan supported the Brady bill.
Did you support the Brady bill? Gun control is the issue that initially got me interested in politics.
PS: Bush supports the "assault weapons" ban. With a democrat congress people better buy all of the high capacity mags they can get their hands on!
PS: Bush supports the "assault weapons" ban. With a democrat congress people better buy all of the high capacity mags they can get their hands on!
Uh you did not answer the question. Ronald Reagan supported the Brady bill.
Does that make Ronald Reagan an open borders gun grabbing liberal communist, in your eyes, as you call George Bush?
BTW, Korn, if I were in Congress I would have voted against the Brady bill, but wouldn't slime President Reagan in the press for his support, as you all(i.e "true conservatives", tancredbots, etc) do as your modus operandi.
UH I do not see a question in your original post.
In general a background check does not bother me (waiting period is another matter). As far as W you are comparing apples and oranges. RR did not stop a law abiding citizen from owning any gun he wants. The 'assault' weapons ban did.
You forgot to mention RINO. ;-)
Uh RR supported the Brady bill, which included the assault waepons ban.
I believe it was in the original bill that Ronald Reagan publicly endorsed.
I don't recall saying such things regarding The President. I do think he should do more to control the border. I don't recall Reagan being an advocate of gun control, but in my defense I was in elementary school at the time lol.
Seriously, WTF are you talking about and why are you calling me names? LOL!
Surely Ronald Reagan is no George Bush. When inflation is considered, Reagan's budgets spent more percentage-wise on spending than Bush's. Reagan signed into law 2 tax increases, amnesty for illegals, and supported the Brady bill. He also signed the treaty that banned Freon and cut and ran in Lebannon after 240 marines were murdered. What did Reagan ever accomplish in the area of preventing abortions? He appointed O'Connor and Kennedy to the Supreme Court. In Reagan's second term he had a major lapse of judgment in trading arms for hostages in Iran/Contra. This major scandal consumed nearly all of Reagan's entire second term. To date, Bush hasn't had a major scandal of any sort, and that includes the phony Plamegate "scandal" which is nothing but a media creation. Bush is no Reagan and Reagan is no Bush. I voted for both and don't regret either vote. Being President is a tough job. No man is perfect.
Assault weapons/An Important Ban Expires
Oh BTW, it was that gun grabbing "RINO" Bob Dole, who put in the expiration of the ban.
Oh but to the "true conservatives" on FR, Reagan was a god, even though Reagan signed true and complete amnesty in 1986 and supported the Brady bill.
I wonder why pat buchanan(or tom tancredo) never mentions that historical fact.
Also I do not understand your attacks here. Are you carring a fight from another thread?
Clinton fixed the gun violence problem. Just like he cured AIDS and got the homeless off the streets.
I keep this list handy because I'm so sick of the "true conservative", "I will not compromise" nonsense. I suspect the Democrats are surely searching for the next Ross Perot to repeat the tragedy of 1992.
A background check is a reasonable limitation on a Consitutional right. But, since it involves sending your name to the feds, I don't think there is any way to know for sure that they don't use it as a de facto gun ownership registry. Why couldn't they distribute a list on DVD to FFL's of people disallowed from buying, with daily or weekly addenda downloaded and added to a database residing at the FFL? That way we could be confident they were just checking our background as opposed to compiling one.
A totally useless law that alot of people believe has reduced crime. It had not. No evidence of that. Yes there is evidence that people were denied purchace at a FFL but that does not mean they did not get their firearm somewhere else. It is a expensive feel good law. Plus of those who committed a felony by touching, trying to buy a firearm with a prior felony conviction probably less that.05% are ever prosecuted. Clinton said that was not the purpose of the law. If that was not then what is the purpose and why have severe penalities 10 years in Federal Prison if you are not going to prosecute the criminals??????????????????
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