Pros And Cons Of The Brady Act

The final version of the Brady Act requires mandatory background checks on individuals before a firearm purchase can be made from a federally licensed dealer, manufacturer, or importer, unless there is an exception. Section 992 (g) of the Brady Bill prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:

1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding on year;

2) Is a fugitive from justice;

3) Is an unlawful user of or addicted to any controlled substance;

The NRA was the one of the biggest factors in preventing the bill passage for so long. The NRA has the veto threat of George H.W. Bush to hold over lawmakers. However, with the election of Bill Clinton, the NRA relied heavily on Senator Dole to stall and filibuster the bill. The NRA lost the battle in 1993 with a Senate vote of 63-36 (Vice). After President Clinton signed the bill, the NRA released a statement, “When Bill Clinton signed the Brady bill into law on November 30, [1993] a drop of blood dripped from the finger of the sovereign American citizen (Line Up and Shut Up. Face Forward. Stay in Line. Last Name First).” Unhappy with how things turned out the NRA turned to its distinctive hyperbole, telling members that “the Brady Law has become one more tool that government agents are using to deny Constitutional rights of law abiding citizens (LaPierre).” “The anti-gun media” and “new wave of brainwashing propaganda aimed at further destroying our Constitutional freedoms” were to blame for the Congressional defeats

The two filed separate claims challenging the constitutionality of the Brady Act’s provision that used congressional action to compel state officers to execute Federal law. The NRA stood behind them, stating that this provision violated the 10th Amendment. However, instead of just arguing for the removal of the provision, the NRA argued that the whole law must be voided. This argument contradicted prior claims from the NRA that they did, in fact, support background checks. In 1997, the Supreme Court ruled to remove the portion of the Brady Law that required local police to conduct background checks as it was an unconstitutional mandate. The rest of the law remained in place