Brady Handgun Violence Prevention Act

Although the Brady Bill failed in its first attempt at passage in 1991, Congress passed the Brady Handgun Violence Prevention Act in November 1993. The law established a five-day waiting period, after which the gun could be sold if the purchaser met an expanded list of requirements. (In addition to barring convicted felons and the mentally ill, the law also barred from gun purchase anyone who was currently under a court order for stalking or harassment.)... 

The federal Brady Handgun Violence Prevention Act ( Brady Bill ) of 1994 required the chief law enforcement officer of each local jurisdiction to conduct bac%round checks of all persons wishing to buy a firearm, but no federal money was appropriated for the purpose. Two sheriffs, Jay Printz of Ravalli County, Montana, and Richard Mack of Graham County, Arizona, filed separate suits that challenged this provision of the Brady Act, claiming that forcing sheriffs to perform the checks at their own expense went beyond the powers of Congress as restricted by the Tenth Amendment to the U.S. Constitution. 

Montgomery, Jill. National Instant Criminal Bac%round Checks System. USA Bulletin, vol. 50, January 2002, pp. 50-51. Describes the national instant check system (NICS) developed to implement the Brady Handgun Violence Prevention Act. Montgomery explains how the databases are searched and what efforts are being made to speed up the system and to deal with the fact that the databases remain incomplete. Between November 1998 and the end of 2001, NICS had processed more than 23 million transactions and denied more than 190,000 sales to felons or other ineligible persons. 

This title may be cited as the Brady Handgun Violence Prevention Act. SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO NON-LICENSEE. 

Starting February 28, 1994, the Brady Handgun Violence Prevention Law (the Brady Act) required a five-day waiting period for all handguns purchased from dealers (but not private sales). This resulted in waiting periods being enforced in 32 states that did not previously have them. The federal... 

November Congress passes and President Bill Clinton signs the Brady Flandgun Violence Prevention Act. This law establishes nationwide background checks and a five-day waiting period for all handgun purchases. 

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