Simone Lawson
The Brady Handgun Violence Prevention Act, often referred to as the Brady Bill, was signed into law by President Bill Clinton on November 30, 1993. The bill was named after James Brady, who was press secretary to President Ronald Reagan and was shot in the head during an assassination attempt on Reagan in 1981. The Brady Bill mandates federal background checks on firearm purchasers in the United States and imposes a waiting period for handgun sales. The constitutionality of the bill has been challenged, with arguments centering on the Tenth Amendment and states' rights.
| Characteristics | Values |
|---|---|
| Date of introduction | February 4, 1987 |
| Introduced by | Ohio Democrats Representative Edward F. Feighan and Senator Howard M. Metzenbaum |
| Date passed | November 30, 1993 |
| Passed by | President Bill Clinton |
| Waiting period | 5 days |
| Background check | To be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer |
| Constitutional challenges | Tenth Amendment |
Explore related products
![Gun Politics in America: Historical and Modern Documents in Context [2 volumes]](https://m.media-amazon.com/images/I/81G-6lNsV3L._AC_UY218_.jpg)
What You'll Learn
The NRA's challenge to the Brady Act
The Brady Handgun Violence Prevention Act, often referred to as the Brady Act, the Brady Bill, or the Brady Handgun Bill, was introduced by US Representative Chuck Schumer of New York and passed in the 103rd Congress on November 11, 1993. It was enacted on November 30, 1993, and mandated federal background checks on firearm purchasers in the United States.
The National Rifle Association (NRA) has long been an opponent of stricter gun control laws and has spent millions lobbying Congress and paying off politicians to block such legislation. In the case of the Brady Act, the NRA was able to win a concession: the original seven-day waiting period for handgun sales was reduced to five days, and this was replaced by an instant computerized background check with no waiting period in 1998.
Despite this concession, the NRA continued to challenge the Brady Act, funding lawsuits in multiple states that sought to strike down the Act as unconstitutional. These lawsuits argued that the Brady Act violated the Tenth Amendment to the Constitution by imposing mandatory duties on local law enforcement officers to conduct background checks, thus "commandeering" state resources. The Supreme Court's decisions on Tenth Amendment questions have been ambiguous and inconsistent, and the lower courts were split over the constitutionality of the Brady Bill.
The NRA's opposition to the Brady Act is part of a broader pattern of the organization's efforts to block gun control measures. The NRA has introduced bills seeking statutory immunity from lawsuits in 46 state legislatures and has successfully passed industry immunity laws in 32 states. Gun control advocates have turned to the courts as a way to pursue gun control policies that they have been unable to achieve through the political process due to what they perceive as the NRA's corruption of the legislative process.
Amending Italy's Constitution: The Process Explained
You may want to see also
The Tenth Amendment
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The amendment was introduced by James Madison in Congress, and its purpose was to reaffirm the principles of federalism and reinforce the notion that the federal government maintains only limited, enumerated powers. In other words, it clarifies that any powers not explicitly granted to the federal government in the Constitution are reserved for the states or the people.
The Brady Bill, or the Brady Handgun Violence Prevention Act, was challenged on the basis of the Tenth Amendment. The National Rifle Association (NRA) argued that the Brady Bill was unconstitutional because its provisions requiring local law enforcement officers to conduct background checks violated the Tenth Amendment. The Supreme Court reviewed the Brady Act in the case of Printz v. United States, and the NRA's argument centred on the belief that the Bill unconstitutionally commandeered state resources by imposing mandatory duties on local law enforcement officers.
Amending the Texas Constitution: A Multifaceted Approach
You may want to see also
The Supreme Court's fragmented history
The Brady Handgun Violence Prevention Act, often referred to as the Brady Bill or the Brady Act, is not a constitutional amendment. It is an Act of the United States Congress that mandates federal background checks on firearm purchasers and imposes a waiting period for handgun sales. The bill was signed into law by President Bill Clinton on November 30, 1993, and was a landmark legislative enactment during his administration.
The first two federal district courts to consider the constitutionality of the Brady Bill disagreed over the Tenth Amendment issue. Printz v. United States and Koog v. United States were the two cases that created this initial district split. The Supreme Court's decisions on Tenth Amendment questions have been ambiguous and inconsistent, which has influenced the trajectory of the Brady Bill through the lower courts.
The Brady Bill's statutory language and constitutionality have been analysed and interpreted by the lower courts, with suggestions made to remedy the Tenth Amendment issues. The Act's journey through the courts highlights the fragmented nature of the Supreme Court's Tenth Amendment history, with the courts themselves split over the constitutionality of the Bill. The Brady Bill's impact on the interpretation of the Tenth Amendment and the powers of the federal government in relation to the states remains a significant aspect of its legislative legacy.
UMC Constitutional Amendments: Why Did They Fail?
You may want to see also
Explore related products
The Bill's journey to becoming law
The Brady Handgun Violence Prevention Act, commonly referred to as the Brady Act, the Brady Bill, or the Brady Handgun Bill, was first introduced in the 100th US Congress on February 4, 1987, by two Ohio Democrats, Representative Edward F. Feighan and Senator Howard M. Metzenbaum. The bill was named after James Brady, who was press secretary to President Ronald Reagan and was shot and critically wounded in an assassination attempt on the president in 1981.
In its original form, the Brady Bill mandated a seven-day waiting period between the time a person applied for a handgun and the time the sale could be completed. The Bill was approved as an amendment to the Omnibus Drug Initiative Act by the House Judiciary Committee in June 1988. However, in September of the same year, the Brady Bill was defeated in the House by a vote of 228-182.
The Bill was reintroduced in the House of Representatives in March 1991 by Representative Chuck Schumer but was never brought to a vote. Finally, on February 22, 1993, the bill was reintroduced for the final time by Rep. Schumer, and the final version was passed in the 103rd Congress on November 11, 1993. It was signed into law by President Bill Clinton on November 30, 1993, and the law went into effect on February 28, 1994.
The Brady Act mandated federal background checks on firearm purchasers in the United States and imposed a five-day waiting period on purchases until the National Instant Criminal Background Check System (NICS) was implemented in 1998. The Act was appended to the end of Section 922 of title 18, United States Code, which prohibits certain persons from shipping, transporting, or receiving firearms in interstate or foreign commerce.
Despite the passage of the Brady Act, there were several legal challenges to its constitutionality. The National Rifle Association (NRA) argued that the Act was unconstitutional as it violated the 10th Amendment, and funded lawsuits in several states seeking to strike it down. The Supreme Court reviewed the Brady Act in the case of Printz v. United States, and there was a district split regarding the constitutionality of the Bill, with the cases of Printz v. United States and Koog v. United States creating the split.
Amendments Expanding Voting Rights: A Historical Overview
You may want to see also
The impact of the Brady Law
The Brady Handgun Violence Prevention Act, commonly referred to as the Brady Act, the Brady Bill, or the Brady Handgun Bill, was signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994. The law mandated federal background checks on firearm purchasers in the United States and imposed a five-day waiting period on purchases until the National Instant Criminal Background Check System (NICS) was implemented in 1998.
The Brady Law also made gun trafficking across state lines more difficult, resulting in an immediate reduction in gun crime. Researchers have recognized the significant impact of the Brady Background Check System on gun trafficking. However, one loophole in the current law is that purchases facilitated online from unlicensed dealers are not subject to the federal background check system. This loophole has allowed 1 in 5 guns to be sold via private sales without a Brady Background Check, undermining the effectiveness of gun laws.
Despite the overall positive impact of the Brady Law, critics argue that it has a limited impact on the nation's issue with violent crime as it only deals with firearm sales from registered dealers and does not address guns obtained illegally. The National Rifle Association (NRA) has also challenged the constitutionality of the Brady Act, arguing that it violates the 10th Amendment by imposing mandatory duties on local law enforcement officers to conduct background checks.
The Fourth Amendment: Protecting Your Privacy and Property
You may want to see also
Frequently asked questions
The Brady Handgun Violence Prevention Act, often referred to as the Brady Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States.
No, the Brady Bill is not a constitutional amendment. However, it was passed as an amendment to the Gun Control Act of 1968. The Bill has faced several lawsuits challenging its constitutionality, with the National Rifle Association (NRA) arguing that it violates the 10th Amendment to the Constitution.
The Supreme Court reviewed the Brady Act in the case of Printz v. United States, and the lower courts have been split over the tenth amendment issue.
The intention of the Brady Bill was to prevent persons with previous serious convictions from purchasing firearms. This was in response to the shooting of James Brady, who was press secretary to President Ronald Reagan, during an assassination attempt in 1981.
