Analysis of The Brady Bill

Analysis of The Brady Bill

Introduction

The legislative process in the United States Congress shows us an

interesting drama in which a bill becomes a law through compromises made by

diverse and sometimes conflicting interests in this country. There have been

many controversial bills passed by Congress, but among all, I have taken a

particular interest in the passage of the Brady bill. When the Brady debate was

in full swing in Congress about three years ago, I was still back in my country,

Japan, where the possession of guns is strictly restricted by laws. While

watching television news reports on the Brady debate, I wondered what was making

it so hard for this gun control bill to pass in this gun violence ridden

country. In this paper, I will trace the bill's seven year history in Congress,

which I hope will reveal how partisan politics played a crucial role in the

Brady bill's passage in this policy making branch.

The Brady bill took its name from Jim Brady, the former press secretary

of President Reagan, who was shot in the head and partially paralyzed in the

assassination attempt on the president in 1981. This bill was about a waiting

period on handgun purchases allowing police to check the backgrounds of the

prospective buyers to make sure that guns are not sold to convicted felons or to

those who are mentally unstable. Even the proponents of the bill agreed that

the effect of the bill on curbing the gun violence might be minimal considering

the fact that the majority of guns used for criminal purposes were purchased

through illegal dealers. However, the Brady Bill represented the first major

gun control legislation passed by Congress for more than 20 years, and it meant

a significant victory for gun control advocates in their way toward even

stricter gun control legislation in the future.

Gun Rights vs. Gun Control

The Brady bill, the Brady Handgun Violence Prevention Act, was first

introduced by Edward F. Feighan (D-OH) in the House of the100th Congress as

HR975 on February 4, 1987. The bill was referred to the Judiciary Committee,

and the debate began. Throughout the debate on the Brady bill, there was always

a clear partisan split; most of the Democrats, except for those from the

Southern states, supported the bill while most of the Republicans were in the

opposition. For example, when the first in...

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...he Brady Handgun Violence Prevention Act

violates the 10th Amendment of the Constitution which protects state and local

government from certain federal interference. The NRA says it wants to repeal

the waiting period as well as the background checks,14 which reveals the

organization's true intention when it supported the background checks in its

fight against the passage of the Brady bill. The battle between the NRA and the

Handgun Control Inc. will continue with the NRA supporters leading the Congress

and President Clinton challenging them with the veto power. Nevertheless, the

Brady bill, with its unwavering public support, will be the hardest bill to

repeal.

The passage of the Brady bill of 1993 is one of the best case studies of

the legislative process in the U.S. Congress. The seven year history of the

bill demonstrated how partisan politics played a crucial role in the outcome of

the bill, and how difficult it was to make bipartisan compromises to move the

bill through Congress.

In concluding this research report, I would like to express my deepest

respect for those who worked hard for the passage of the Brady bill, including

Jim and Sarah Brady.