The Brady Handgun Violence Prevention Act of 1993, Pub. L. No. 103-159, 107 Stat. 1536 (Nov. 30, 1993), codified at 18 U.S.C. § 921 and 18 U.S.C. § 922, also known as the Brady Bill, passed as H.R. 1025 ^[1] 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 James Brady, who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981. // Legal Topics Primary Organizations Liberty Belles Prominent individuals Advocates of firearms Gary Kleck Charlton Heston Wayne LaPierre John Lott Ted Nugent Advocates of firearms control Darrell Scotts Congressoinal Speech Michael D. Barnes Michael Bellesiles James Brady Sarah Brady Tom Diaz Arthur Kellermann Michael Moore (Bowling for Columbine) Josh Sugarmann... The Federal Assault Weapons Ban (AWB) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law of the United States that included a prohibition on the sale to civilians of certain semi-automatic assault weapons manufactured after the date of the bans... ATF Seal The Bureau of Alcohol, Tobacco, Firearms and Explosives (abbreviated ATF, sometimes BATF or BATFE) is a United States federal agency; more specifically a specialized law enforcement and regulatory organization within the United States Department of Justice. ... “Gun license” redirects here. ... Firearm case law decisions are numerous in the history of the United States. ... The Firearm Owners Protection Act (FOPA) is a United States federal law that revised many statutes in the Gun Control Act of 1968. ... The Gun Control Act of 1968, Pub. ... Many US states have legislated gun (firearm) laws, independent of existing federal firearms laws. ... In the United States of America the right to bear arms is addressed in the Second Amendment to the United States Constitution. ... Gun Politics, the political aspects of gun control and firearms rights, has long been among the most controversial and intractable issues in American politics. ... This article does not cite any references or sources. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... A straw purchase is any purchase where the buyer is not eligible to own the purchased item according to the law and therefore purchases the item through a proxy buyer. ... The Sullivan Act, also known as the Sullivan Law, is a controversial gun control law in New York State. ... The Violent Crime Control and Law Enforcement Act (1994) is a piece of legislation, sponsored by Rep. ... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... Order: 42nd President Vice President: Al Gore Term of office: January 20, 1993 – January 20, 2001 Preceded by: George H. W. Bush Succeeded by: George W. Bush Date of birth: August 19, 1946 Place of birth: Hope, Arkansas First Lady: Hillary Rodham Clinton Political party: Democratic William Jefferson Clinton (born... is the 334th day of the year (335th in leap years) in the Gregorian calendar. ... Year 1993 (MCMXCIII) was a common year starting on Friday (link will display full 1993 Gregorian calendar). ... is the 59th day of the year in the Gregorian calendar. ... Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ... James Brady James Scott “Jim” Brady (born August 29, 1940) was Assistant to the President and White House Press Secretary under President Ronald Reagan. ... John Warnock Hinckley, Jr. ... The Reagan assassination attempt occurred on March 30, 1981, just 69 days into the presidency of Ronald Reagan. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... is the 89th day of the year (90th in leap years) in the Gregorian calendar. ... Year 1981 (MCMLXXXI) was a common year starting on Thursday (link displays the 1981 Gregorian calendar). ...

Provisions

The Brady Bill Act initially required purchasers to wait up to five days for a background check to occur before being allowed to purchase a handgun. 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 been 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 Treasury Dept to a private individual. Sales between private parties could not be covered under the Act because the federal government had 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 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. In the United States, concealed carry is the right to carry a handgun or other weapon in public in a concealed manner. ... The United States Department of the Treasury is a Cabinet department, a treasury, of the United States government established by an Act of U.S. Congress in 1789 to manage the revenue of the United States government. ... This article does not cite any references or sources. ... For the band, see The Police. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

The waiting period provision of the Act expired in 1998 when the National Instant Criminal Background 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 firearm; if the denial is not issued within those 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 still bypass the NICS check. national instant criminal background check system ... The Federal Bureau of Investigation (FBI) is a federal criminal investigative, intelligence agency, and the primary investigative arm of the United States Department of Justice (DOJ). ...

James Brady

Image File history File linksMetadata James-Brady-August-2-2006. ... Image File history File linksMetadata James-Brady-August-2-2006. ...

Sarah Brady and the Brady Law

The Bill was championed for over a decade by Brady's wife, Sarah Brady, who became a gun control advocate after her husband, James Brady was shot durring an assassination attempt on President Ronald Reagan. 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. front cover snapshot of A Good Fight, published in 2002 Sarah Brady (born February 6, 1942) is the wife of former White House Press Secretary James Scott Brady. ... Gun politics is a set of legal issues surrounding the ownership, use, and control of firearms as well as safety issues related to firearms both through their direct use and through criminal use. ... An advocate is one who speaks on behalf of another, especially in a legal context. ... James Brady James Scott “Jim” Brady (born August 29, 1940) was Assistant to the President and White House Press Secretary under President Ronald Reagan. ... The Reagan assassination attempt occurred on March 30, 1981, just 69 days into the presidency of Ronald Reagan. ... Reagan redirects here. ... This article is about the political effort. ... It has been suggested that Brady Center to Prevent Gun Violence be merged into this article or section. ... The Brady Center to Prevent Gun Violence was founded in 1974 as The National Council to Control Handguns (NCCH) by Dr. Mark Borinsky, a victim of gun violence. ... Yoshihiro Hattori (服部剛丈 Hattori Yoshihiro) (November 22, 1975 - October 17, 1992) was a Japanese exchange student residing in Baton Rouge, Louisiana, United States at the time of his death. ...

In 2000 Sarah Brady purchased a .30-06 Springfield rifle in Delaware for her son^[2]. Second amendment rights groups claimed that this action was a straw purchase, intended to avoid the NICS^[3][4]. While a purchase as a gift is not considered a straw purchase under US federal law, as long as the recipient is not prohibited from possessing the firearm; this is the same as any other private transfer, private transfers are a common target of gun control advocates, who usually call this the gun show loophole, and would make these transfers illegal^[5]. .30-06 Springfield cartridge specifications. ... A straw purchase is any purchase where the buyer is not eligible to own the purchased item according to the law and therefore purchases the item through a proxy buyer. ... The Gun show loophole is a term of art used by anti-gun rights organizations, such as Handgun Control, Inc. ...

Court challenge

In 1997 one provision of interim Brady Law was ruled Constitutionality|unconstitutional]] by the Supreme Court in Printz v. United States on 10th amendment grounds. The provison compelled state and local law enforcement officials to perform the background checks mandated by federal law. The Court determined that this provision violated both the concept of federalism and that of the unitary executive. However, state and local law enforcement officials were free to conduct the check if they so chose and many continued to do so. This issue became moot when NICS came online. Holding The Brady Handgun Violence Prevention Acts interim provision commanding the chief law enforcement officer (CLEO) of each local jurisdiction to conduct background checks, §922(s)(2), is unconstitutional. ... For Ireland, see Tenth Amendment of the Constitution of Ireland. ...

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 dealer holding a Federal Firearms License (FFL). All dealers, manufacturers and importers must verify the identity of a non-FFL customer and receive authorization from the National Instant Check System (NICS) which often takes only minutes instead of the several-day waiting period. is the 334th day of the year (335th in leap years) in the Gregorian calendar. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... “Gun license” redirects here. ... national instant criminal background check system ...

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 a dealer, manufacturer or importer. Unless there are additional state restrictions, the firearm may be taken upon NICS approval. Purchases from a non-FFL seller are not subject to the Brady Law, but may be covered under other federal, state, and local 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." Houston gun show at the George R. Brown Convention Center. ...

The Brady Law does not apply to licensed Curios & Relics (C&R) collectors, but only in respect to C&R firearms.^[6] 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.

Notes and references

Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 241st day of the year (242nd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 241st day of the year (242nd in leap years) in the Gregorian calendar. ... The Brady Campaign or The Brady Campaign to Prevent Gun Violence or The Brady Campaign united with the Million Mom March was founded in 1974 as The National Council to Control Handguns (NCCH) by Dr. Mark Borinsky, a victim of gun violence. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 241st day of the year (242nd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 295th day of the year (296th in leap years) in the Gregorian calendar. ...

External links

Wikisource has several original texts related to:

Brady Handgun Violence Prevention Act

• The text of the Brady Bill
• The Brady Campaign website
• The Supreme Court decision
• Senate roll call vote
• House roll call vote