The Brady Handgun Violence Prevention Act
Provisions
NICS
- National Instant Criminal Background Check System.
- Implemented as a result of the Brady Act in 1998.
- Makes sure people who are in violation of the Brady Act's provisions cannot purchase firearms.
Under the Brady Act, you may not purchase firearms if any of the following applies:
- Convicted of a crime punishable by imprisonment for one year or more.
- A fugitive from justice.
- Unlawful user of or addicted to any controlled substance.
- Mental defective or committed to a mental institution.
- Alien illegally in the US.
- Dishonorably discharged from the Armed Forces.
- Having citizenship revoked.
- Having a restraining order form a partner or child of said partner.
- Convicted of domestic violence.
What Does This Act Do?
Background
- Named for Jim Brady, Press Secretary to President Reagan, who was shot and paralyzed in an assassination attempt against the President.
- Bill originally proposed in March 1991.
- Final version passed on November 11, 1993.
- Enacted November 30, 1993
- Requires a waiting period before purchasing firearms.
- Institutes federally mandated background checks on all firearm purchases.
Controversy
- Opposed by National Rifle Association.
- States that the Brady Act is unconstitutional because it violates the 10th Amendment.
- As a result of this opposition, the five-day waiting period was replaced with an instant computer system.