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Brady Bill

Federal Mandates Project

Saffan Ali

on 20 September 2011

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Transcript of Brady Bill

Brady Bill Big Provisions: Brought in: By: Saffan Ali Anthony Osbourne Saqib Ali Rodrick Williams Gov't. AP Period 1 Reasons for Passing: Arguments of Proponents: Arguments of Opponents: Yield Other Relevant Issues Big Federal and State Gov't Issues: Issues of Federalism: Legislation and Political Parties' Positions Legislation's Controversy Delivery of Legislation Effective? The End Works Cited: The restrictions included in the Brady Act prohibit any person to ship, transport, or receive any firearm in interstate or foreign commerce.

The 10 provisions of this legislation that apply to all people who:
1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
2. Is a fugitive from justice;
3. Is an unlawful user of or addicted to any controlled substance;
4. Has been adjudicated as a mental defective or committed to a mental institution;
5. Is an alien illegally or unlawfully in the United States;
6. Has been discharged from the Armed Forces under dishonorable conditions;
7. Having been a citizen of the United States, has renounced U.S. citizenship;
8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
9. Has been convicted in any court of a misdemeanor crime of domestic violence;
10. Has a record of being a felon. Introduced to Congress for the first time on February 4, 1987

Bill Clinton signed the Brady Bill into law on November 30, 1993

It took effect soon after on February 8, 1994 • A man named John Hinckley bought a revolver using fake documents, which was a felony in itself, that included a fake address and an old driver’s license
• Hinckley had been arrested four days earlier In Nashville for trying to board an American Airlines Airplane
• On March 30, 1981 he attempted to assassinate President Ronald Reagan, but instead shot Jim Brady in the head which cause him to be partially paralyzed for the rest of his life
• Sarah Brady fought to pass the bill in which an in depth background check would make it more difficult for people to get guns
• The law aims to limit handgun applications, and in turn limit violence
• Hinckley would not be able to buy the gun because: he was charged for a misdemeanor crime and he had also provided fake documents
• The main opponent towards the Brady Bill was the National Rifle Association (NRA), who spent millions of dollars in its process to stop the bill from passing
• Its arguments were based off the grounds that the legislation was unconstitutional by the 10th amendment
• Although the legislation passed, the NRA still fought at state courts to remove the bill as unconstitutional
• Eventually this argument found its way to the Supreme Court in the case Printz V. United States
• The final decision of the court ruled that the provision did violate the 10th amendment
• However, the statute of the Brady Bill was upheld as local law enforcement remained free to continue background checks at their whim
Bill Clinton, Sarah Brady, and their supporters stated:
Visible drops in homicide with a 31 year low and gun crim with a 35% drop were evident because of the law
Half a million people including felons, fugitives, and stalkers could not get guns
Reduction in lies about background from criminals and others • Majority of the public greatly advocated for the Brady Bill
• However opponents that were better organized and financed kept the bill from passing (in the 100th Congress, the House vote was 228-182)
• The bill kept popping in Congress for more than 5 years until Clinton stated “ If you’ll [Congress] pass the Brady bill, I’ll sure sign it”
• Congress then passed the bill November 22, 1993 by a vote of 138-188; Clinton signed it into law a week later
• Overall, the Brady Bill took more than 6 tedious years to pass, but finally prevailed because of its importance and future impact A major issue of federalism raised in the Brady Bill was the unconstitutionality of the legislation in accordance with the 10th amendment
People and major associations like the NRA believed the state level governments and local law enforcement should not be so controlled by the national government in background checks
Rather, that power should rest in the states • Liberals
They are open to new ideas and reform. They would have wanted to enact the Brady Bill as shown when President Bill Clinton quickly accepted the idea of firearms regulation. Thus, Liberals are pro-Brady Bill.
• Conservatives
By definition, they are those who advocate traditional values and are unwilling to bring about change in society.
Therefore, they would want to keep the status quo and maintain the free availability of guns.
Consequently, conservatives have opposed the Brady bill.
• Libertarians
They are those that advocate civil liberties above anything else.
Therefore, libertarians oppose any laws that persecute or oppose an individual from exercising their rights to bear arms.
In conclusion, they oppose any law that requires registration or restricts the ownership, manufacture, or sale of firearms and ammunition. • The legislation has been effective from the huge results shown through the FBI records of past felons attempting to ship firearms

• Chairwoman of Gun Control Inc. Sarah Brady stated, “The new FBI report demonstrates that the significant drop in the homicide rate last year is clearly linked to new efforts at gun tracing by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Brady Law, and state anti-gun trafficking initiatives such as Virginia's one-gun-a-month law" (Oct. 18, 1999 U.S. Newswire).

• According to the denial records 56 percent of the background checks done resulted in felons, and 13 percent were fugitives from justice

• Clearly the hindering of criminals from purchasing firearms is a huge success at regulating the commerce of firearms, overall inhibiting civil safety Aborn, Richard M. "Battle Over the Brady Bill." Second Amendment Foundation Online. Fordham University School of Law, 1995. Web. 14 Sept. 2011. <http://www.saf.org/lawreviews/aborn1.html>.

"Platform | Libertarian Party." Libertarian Party | Maximum Freedom, Minimum Government. Libertarian Party 2010, May 2010. Web. 14 Sept. 2011. <http://www.lp.org/platform>.
Takes away states' rights
Give power to federal government
Power also taken from the people Unconstitutional according to 10th amendment- Power to States and People
Breaks right to privacy- 5th amendment
The attack on the World Trade Center increased background checks on individuals
Full transcript