Gun Control: The Brady Bill

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The Brady Bill was signed into law during the nineties after president Ronald Reagan was shot at by John Hinckley, Jr.; while the assassination attempt failed, the bullet struck James Brady and led to the passage of the law named after him.

The Brady Bill

The Brady Bill is also known as the Handgun Violence Prevention Act. It was enacted by the United States Congress and imposed federal background checks on firearm purchasers within the United States for the first time. The act was signed into law by President Clinton in 1993, and it went into effect in 1994. The Act was named after James Brady, who was shot during the attempted assassination of President Ronald Reagan in 1981.

The law places restrictions on the sale of weapons. A background check is now required prior to purchase of a weapon from an authorized dealer. Under some circumstances, the right to transport or possess a weapon may be restricted. The following individuals may face limitations on weapons possession and transfer:

  1. A person who has been convicted of a crime punishable by imprisonment for a term longer than one year;
  2. A fugitive from the justice system, such as someone who has a warrant on their arrest;
  3. An unlawful user or addict of any controlled substance;
  4. A person who has been declared a mental defective or who has been committed to a mental institution;
  5. An alien illegally or unlawfully residing in the United States;
  6. A person who has received a dishonorable discharged from the Armed Forces;
  7. A citizen of the United States who has renounced citizenship;
  8. A person who is the subject of a court order that restrains that person from harassing, stalking, or threatening an intimate partner or child of an intimate partner; and
  9. A person who has been convicted of a misdemeanor crime of domestic violence.

These restrictions were enacted to better protect American citizens from the use of weapons by individuals who are not of fit mind or body.

Getting Legal Advice

If you have questions about the right to possess a weapon or gun control, contact an experienced criminal defense attorney. An attorney will be able to explain the law to you so that you can understand your rights and responsibilities as a citizen. Lack of knowledge of the law is generally not a defense, so making sure you understand your duties as well as your rights is important to avoid criminal consequences.

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