Kara Sears
The Brady Law, or the Brady Handgun Violence Prevention Act, was created to address the issue of gun violence in the United States. The law was named after James Brady, the White House press secretary who was seriously injured in an assassination attempt on President Ronald Reagan in 1981. After the incident, Brady and his wife, Sarah, campaigned for a federal background check system for gun sales, arguing that it could help reduce gun violence. The Brady Bill, as it was commonly called, was first introduced in Congress in 1987 and faced opposition from the National Rifle Association (NRA). After several years of lobbying and bipartisan efforts, the bill was finally passed in 1993 and signed into law by President Bill Clinton. The law established a system of background checks for firearm purchasers, requiring federally licensed gun dealers to run these checks through the FBI or state/local agencies. It also imposed an interim five-day waiting period for handgun purchases until 1998, when instant background checks were implemented. The Brady Law has had a significant impact on gun buying in the United States, and it remains a critical component of gun violence prevention efforts in the country.
| Characteristics | Values |
|---|---|
| Year Created | 1993 |
| Date Enacted | November 30, 1993 |
| Date Effective | February 28, 1994 |
| Date Ceased | November 30, 1998 |
| Named After | James Brady |
| Introduced By | Representative Edward F. Feighan and Senator Howard M. Metzenbaum |
| Waiting Period | 5 days |
| Background Checks | Required |
| Background Check System | National Instant Criminal Background Check System (NICS) |
| Background Check Conducted By | FBI or State or Local Agency |
| Background Check Bypass | State-issued handgun purchase permits or mandatory state or local background checks |
| Categories Prohibited from Owning Firearms | Minors, drug users, people convicted of a felony, dishonourably discharged from the military, or those committed to a mental institution |
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What You'll Learn
To establish a federal background check system for gun sales
The Brady Handgun Violence Prevention Act, commonly known as the Brady Bill, was signed into law by President Bill Clinton on November 30, 1993. The law established a federal background check system for gun sales, requiring background checks to be conducted on individuals before they can purchase a firearm from a federally licensed dealer, manufacturer, or importer.
Prior to the Brady Bill, there was no national system in place to verify whether a prospective gun buyer was legally eligible to own a firearm. While some states had implemented their own background check systems, most states relied on an "honor system", with gun purchasers simply filling out a form attesting to their eligibility. This honor system was part of the Gun Control Act of 1968, which prohibited certain people from owning guns, including minors, drug users, and people with felony convictions or a history of mental illness.
The Brady Bill addressed this gap by mandating that all federally licensed gun dealers run background checks on their customers through either the FBI or a state or local agency. To facilitate this process, the law established the National Instant Criminal Background Check System (NICS), maintained by the FBI. The NICS allows for instant computerized background checks, eliminating the need for waiting periods between the application and the purchase of a handgun.
The creation of the Brady Bill was largely driven by James and Sarah Brady, after James Brady, a former White House press secretary, was shot during an assassination attempt on President Ronald Reagan in 1981. The shooter in this incident had a history of criminal convictions and severe mental illness. Following this experience, James and Sarah Brady campaigned for a federal background check system for gun sales, believing that it could help reduce gun violence and prevent firearms from falling into the hands of individuals intending to cause harm.
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To prevent guns from falling into the wrong hands
The Brady Law, officially known as the Brady Handgun Violence Prevention Act, was created to prevent guns from falling into the wrong hands. The law requires background checks on individuals before they can purchase a firearm from a federally licensed dealer, manufacturer, or importer. This is done through the National Instant Criminal Background Check System (NICS) maintained by the FBI.
The Brady Law was established in 1993 after a seven-year advocacy journey by Jim and Sarah Brady. In 1981, Jim Brady, the White House press secretary, was shot in the head during an assassination attempt on President Reagan. He survived, but the incident left him paralyzed. This experience prompted him and his wife, Sarah, to campaign for a federal background check system for gun purchases, which they believed would reduce gun violence.
The Brady Law initially imposed a five-day waiting period for handgun purchases until 1998, when the background check system was fully implemented. This waiting period was intended to give law enforcement time to conduct a background check and ensure that the purchaser was legally eligible to own a firearm. However, this waiting period was not without criticism, and some argued that it was an unnecessary delay for law-abiding citizens who wanted to purchase a gun.
The background check system established by the Brady Law has been effective in preventing prohibited individuals from acquiring firearms. In 2015 alone, over 619 prohibited gun transactions were prevented every day due to the system. Additionally, the NICS background check system has seen a significant increase in the number of checks conducted each year, reflecting the growing support for comprehensive background checks before gun purchases.
While the Brady Law has made significant strides in preventing guns from falling into the wrong hands, there are still loopholes that need to be addressed. For example, licensed dealers are currently allowed to transfer a gun to a buyer after three business days, even if the background check has not been completed. This loophole has allowed prohibited individuals to acquire firearms, emphasizing the need for comprehensive background checks and stricter waiting period regulations.
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To reduce gun violence
The Brady Handgun Violence Prevention Act, commonly known as the Brady Bill, was created to reduce gun violence. The law was named after James Brady, the White House press secretary who was seriously injured in an attempted assassination of President Reagan in 1981. Brady and his wife, Sarah, subsequently campaigned for a federal background check system, which they believed could reduce gun violence.
The Brady Bill was first introduced in 1987 by two Ohio Democrats, Representative Edward F. Feighan and Senator Howard M. Metzenbaum, in the 100th Congress. It mandated a seven-day waiting period between a person applying for a handgun and the sale being completed. Various iterations of the bill were discussed and rejected by Congress between 1987 and 1993, when it finally became law.
The Brady Bill requires background checks to be conducted on individuals before they can purchase a firearm from a federally licensed dealer, manufacturer, or importer, unless an exception applies. Specifically, it requires all federally licensed gun dealers to run background checks on their customers through either the FBI or a state or local agency. The National Instant Criminal Background Check System (NICS), maintained by the FBI, was set up to streamline this process.
The Brady Bill also expanded the categories of people prohibited from owning firearms. This included those dishonorably discharged from the military or convicted of certain misdemeanours or domestic violence offences. Since the national background checks system was put in place, the most common reason for application denial has been felony convictions.
The Brady Bill has been instrumental in reducing gun violence. In 2015 alone, over 619 prohibited gun transactions were prevented every day. A 2018 Quinnipiac poll showed that 97% of Americans, including 97% of gun-owning households, support a background check for every gun sale.
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To amend the Gun Control Act of 1968
The Brady Law, or the Brady Handgun Violence Prevention Act, was established to amend the Gun Control Act of 1968. The law was signed by President Bill Clinton on November 30, 1993, and came into effect on February 28, 1994.
The Brady Law was named for James Brady, the White House press secretary who was seriously injured in an assassination attempt on President Ronald Reagan in 1981. Brady and his wife, Sarah, subsequently campaigned for a federal background check system for gun sales, which they believed would reduce gun violence.
The law requires that background checks be conducted on individuals before they can purchase a firearm from a federally licensed dealer, manufacturer, or importer. The National Instant Criminal Background Check System (NICS), maintained by the FBI, is used to approve firearm transfers to individuals. However, in some states, proof of a previous background check can be used to bypass the NICS check. For example, a state-issued concealed carry permit typically includes an equivalent background check. Other alternatives include state-issued handgun purchase permits or mandatory state or local background checks.
The Brady Law also imposed an interim five-day waiting period for handgun purchases until 1998. After this date, federally licensed dealers were required to use the NICS system to conduct background checks on individuals purchasing any firearm. This waiting period applied only in states without an acceptable alternative system for conducting background checks on handgun purchasers.
The Brady Law has been subject to legal challenges, with the National Rifle Association (NRA) arguing that it was unconstitutional and funding lawsuits in several states. Despite this, the law has had a significant impact on gun purchases and public safety in the United States.
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To honour the work of James and Sarah Brady
The Brady Law, officially known as the Brady Handgun Violence Prevention Act, was created to honour the work of James and Sarah Brady in campaigning for gun control. James Brady, a former White House press secretary, was shot and paralysed during an assassination attempt on President Ronald Reagan in 1981. After surviving a bullet to the head, he and his wife, Sarah, began advocating for a federal background check system to prevent guns from falling into the wrong hands.
The Bradys' efforts were bipartisan, lobbying both the House and Senate, Republicans and Democrats. They worked with a committed team of advocates, law enforcement, medical professionals, civic leaders, civil rights organisations, and educators to build support for the legislation. Their work culminated in the passage of the Brady Bill, which was signed into law by President Bill Clinton on November 30, 1993. The Brady Bill established a system of background checks for firearm purchasers, requiring federally licensed gun dealers to run these checks through the FBI or a state or local agency.
The Brady Law also imposed an interim five-day waiting period for handgun purchases until 1998, when the instant background check system was implemented. This waiting period applied only in states without an acceptable alternative system for conducting background checks. The permanent provisions of the Brady Law apply to all firearms, ensuring that gun sales are thoroughly vetted.
The impact of the Brady Law has been significant. In 2015, over 619 prohibited gun transactions were prevented every day due to the background check system. A 2018 Quinnipiac poll found that 97% of Americans supported background checks for every gun sale, including gun-owning households. The Brady Law has saved lives and reduced gun violence, honouring the tireless work of James and Sarah Brady in advocating for gun control and public safety.
The legacy of James and Sarah Brady's advocacy extends beyond the Brady Law. In 2000, the Boards of Trustees for HCI and the Center to Prevent Handgun Violence voted to rename their organisations after the Bradys, recognising their commitment to gun control. The Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence continue to work towards strengthening and expanding background checks, ensuring that the system is comprehensive and effective in preventing gun violence.
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Frequently asked questions
The Brady Law was created to prevent gun violence and stop illegal handgun purchases.
James Brady, a former White House press secretary, was shot and paralysed during a 1981 assassination attempt on President Ronald Reagan. This incident left Brady determined to campaign for a federal background check system to reduce gun violence.
The Brady Law established a system of background checks for firearm purchasers, bringing about a significant shift in the way firearms are bought and sold in the United States. It is considered the critical underpinning of all gun violence prevention laws.
