Prosecution Under The Brady Bill

The United States Congress passed a law in November of 1993 requiring the thorough background check, on a federal level, of any person who wishes to buy a handgun. This bill was passed and named the Brady Bill, after James Brady. Brady was shot in 1981 by John Hinckley Jr. in the attempted assassination of Ronald Reagan. Hinckley had purchased the handgun he used in the attempted assassination through the bypassing of a background check that would have otherwise disallowed the purchase. In situations where the Bill has been violated, it is important to understand how prosecution the Brady Bill works.

The Purpose of the Brady Act

The original intention of the Brady Act is to stop, or at least slow, the sale of handguns to people who have any type of criminal background, whether the previous offense is a felony or a misdemeanor violent crime. All federally licensed firearm dealers have to conduct a criminal background check through the NICS, or National Instant Criminal Background Check System (which is directly maintained by the Federal Bureau of Investigation) before any individual who doesn't have a background check exemption is allowed to purchase a handgun. Exemption from background checks is only permitted for those with a concealed carry permit issued by the state the purchase is occurring in, or for those with a state issued handgun purchase permit.

How the Brady Bill works in Prosecution

The Brady Act directly prohibits the transfer or possession of any firearm that causes the firearm to cross state lines, or for any firearm to be transferred through either public or private sale to any person who has committed a violent crime or any type of felony. The act also prohibits the sale to or possession of a firearm by any individual who:

• Is currently wanted by any branch of law enforcement for either arrest or questioning related to any crime.
• Is an addict or recreational user of any unlawful substances.
• Has been formally diagnosed with any type of mental illness.
• Does not hold a legal or lawful resident status within the United States.
• Is currently, or has in the past been, under any court order barring the individual from harassing or threatening another person.

Under the Brady Act, any firearm dealer who transfers through sale or barter any firearm to a person that falls under any of the above restrictions is subject to being held responsible for any crime committed by the individual he or she sold or transferred the firearm to. This is a direct attempt to make private firearm dealers consider very carefully who they are doing business with.

Getting Help

If you find yourself facing prosecution under the Brady Bill, you need to consult with a qualified attorney. Your lawyer can help you to understand the penalties you are facing and can assist you in building a defense against the charges.