Amendments To The Brady Bill

While there have been no major amendments to the Brady Bill since it was signed into law in 1993 by President Clinton as the Brady Handgun Violence Protection Act, there have been a few change over the years in how the law is administered. The Brady Bill was the first legislation that required a federal level background check to be done on a person who wanted to purchase a firearm.

• The law was named for James Brady who was President Ronald Regan's press secretary when John Hinckley, Jr. attempted to assassinate the President. Mr. Brady was severely injured in the attack, and suffered permanent partial paralysis.
• The case became a lightning rod for gun control advocates when it became known that the shooter had purchased the weapon he used using an old driver's license and and a false address and that he had a documented history of mental illness.

The Initial Bill

Originally the Brady Act included a five day waiting period before a handgun sale could be completed when an individual wanted to make a purchase from a licensed gun dealer, manufacturer or an importer. The purpose of the five day waiting period was to give adequate time for the background check to be completed.

The Brady Act prohibits certain individuals from possessing any firearm, or being involved in interstate or foreign shipping and transportation of items. The list of prohibited individuals includes someone who:

• Has been convicted of a crime that was punishable by more than 1 year in prison
• Has been convicted of domestic violence
• Is an unlawful addict of a controlled substance
• Has been found to be mentally defective in court
• Has been committed to a mental institution
• Is an illegal alien
• Received a dishonorable discharge from the military
• Has renounced their US citizenship
• Is subject to a restraining order for harassing, stalking or threatening violence
• Is a fugitive
• Is under indictment for illegally shipping or transporting firearms, and if convicted would be imprisoned for more than 1 year

Changes Over Time

In 1997 the Supreme Court handed down a decision in Printz vs. United States saying that the provision that required law enforcement officials at the state and local levels to perform background checks was a violation of the Tenth Amendment. However, the Court did allow state and local officials to choose to perform background checks on gun purchasers.

In November 1998 the five day waiting period ended when the FBI brought its computerized backgroundthd check program called the National Instant Criminal Background Check System on-line.

• Today, 30 states plus the District of Columbia, the Northern Mariana Islands, American Samoa and Puerto Rico use the FBI's NICS system to conduct all of their firearm background checks.
• 9 more states use the FBI for some of their firearm background checks.

The permanent provisions of the Brady Act (since 1998) now include all firearms, where initially it only covered handguns.

Get Legal Help

If you have been accused of a crime that involves firearms in any way seek a competent, experienced criminal defense attorney to represent you. Crimes committed with or including firearms are considered especially serious so you need someone on your side who can review the facts and prepare the best possible defense.