Brady Law Falsehoods
The Brady law has received much credit for the country's rapidly dropping crime rate. Yet with the Supreme Court striking down the laws background check requirements, it faces its ultimate test. If gun control advocates are correct, the court's decision will unleash a new crime wave.
The Justice Department continually releases "new" studies crediting the law with reducing crime. Actually, the downward crime trend started in 1991, well before the Brady law became effective in March 1994. My research shows that this decline is in great measure because of higher arrest rates and more states allowing law-abiding citizens to carry concealed handguns.
Others estimate that the Brady bill had a much smaller effect on gun sales than the 100,000 rejections its proponents claim. Last year the General Accounting Office reported that initial rejections numbered about 60,000, and more than half were for purely technical reasons, mostly paperwork errors that eventually were corrected. A much smaller number of rejections, 3,000, were due to violent crime convictions--and presumably many of these people just proceeded to buy a gun on the street.
Brady law backers have focused almost exclusively on the value of background checks, the one part of the law that the Supreme Court specifically struck down. Yet there never was much controversy over this issue: When Congress debated the law, no one, not even the National Rifle Assn., opposed background checks. The dispute was over a five-day waiting period versus an "instant check." Ultimately, the success of background checks and waiting periods must be judged by their impact on crime. To seriously evaluate their impacts, however, one must recognize that other legal changes also occurred.
For example, during 1995 and 1996, 10 more states adopted nondiscretionary concealed handgun laws. In the belief that concealed handguns deter crime, 31 states now grant permits automatically to citizens who have no significant criminal records or histories of major mental illness. In all 31 states, more people now carry legally concealed handguns.
Considerable evidence supports the notion that permitted handguns deter criminals. Polls show that there are at least 760,000 and possibly as many as 3.6 million defensive uses of guns per year. In 98% of the cases, people simply brandish weapons to stop attacks. This is further reflected in the different rates of "hot burglaries," where a resident is at home when a criminal strikes. In Canada and Britain, both with tough gun control laws, almost half of all burglaries are "hot.
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
Many Americans are now applying for a license to carry licensed concealed arms with them. The rate at which licenses are being approved is worrying. This development is concerning law enforcement authorities. Putting so many firearms at the disposal of the public is counterproductive to the gains that are being made on improving security and especially in the cities where incidences of gun crime and violence are on the rise.
Right now, the U.S. has a National Instant Background Check System; however, it contains many flaws. This system is meant to act as a filter to stop the wrong people from having guns. In 2007, the Bipartisan legislation was passed to strengthen this system. It relies on data supplied by the states, but the data is often incomplete and inadequate (Merino 104). Unlicensed gun sellers have also created a dangerous loophole. The law makes an exception for gun sellers who aren’t federally licensed gun dealers. These sellers sell guns informally through venues such as gun shows, and are not required to run background checks. This is a dangerous loophole where people who should not have guns can get them (“Gun”). Senator Frank R. Lautenberg once stated, commenting on the gun sh...
Some people believe that guns should be heavily regulated. In fact, According to Handgun Control ¨laws such as the Brady Act, which requires background checks on gun buyers, have prevented four hundred thousand felons and other prohibited purchasers from buying handguns.” These laws have done their job. This system still has its flaws. They are trying to fix a system that is not broken and usually when someone tries to fix something that is not broken they break it. Also, when there are new laws for gun
The passage of the Brady bill of 1993 is one of the best case studies of
Violence and crimes are growing in number and affecting American society. By reinforcing background checks we could reduce crimes and limit easy gun access to mentally ill people. The National Instant Criminal Background Check System (NICS) is a database where the names of people that have committed a misdemeanor, are mentally ill or drug abusers is kept to prevent them from attaining guns. Most criminals buy guns from unlicensed sellers at gun shows that don’t do properly background checks through the NICS, making it easier from criminals to purchase firearms. Another problem is missing records or information that was not reported to the background check system. Better background checks could reduce crime and gun violence in America.
John R. Lott, Jr., PhD, author of More Guns, Less Crime: Understanding Crime and Gun Control Laws, stated, "States with the largest increases in gun ownership also have the largest drops in violent crimes... The effect on 'shall-issue ' [concealed gun] laws on these crimes [where two or more people were killed] has been dramatic. When states passed these laws, the number of multiple-victim shootings declined by 84 percent. Deaths from these shootings plummeted on average by 90 percent and injuries by 82
Although the Second Amendment prevents the federal government from completely banning guns in America, limited restrictions are allowed on the distribution and possession of firearms. Certain groups of people such as criminals, the mentally unstable, and soldiers dishonorably discharged from the military are prohibited from possessing or interacting with firearms (Flynn). These restrictions are enforced by background checks in some states on both a state and federal level. However, gun laws vary from state to state and are often not thorough enough; the background checks are flawed due to lack of information and misinformation, and guns can easily end up in the hands of criminals and malevolent individuals. The ease of obtaining a firearm in America fosters crime and a dangerous environment. Hence, the Second Amendment should be reinterpreted so that stricter gun laws can be implemented because modern citizens do not require guns, current background checks are flawed, gun...
Moorhouse, J.C. and Brent Wanner. “Does Gun Control Reduce Crime or Does Crime Increase Gun Control?” Cato Journal, 26(1), (2006): 103-124. ProQuest. Web. 30 Nov. 2015.
Jacobs, James B., and Kimberly A. Potter. "Keeping Guns out of the ‘Wrong’ Hands: The Brady Law and the Limits of Regulation." The Journal of Criminal Law & Criminology 86.1 (1995): 93-120. Print.
If a person don’t carry a concealed weapon, how will they be able to protect themselves and their precious family from vicious criminals? Shall issue states are states that citizens may apply and be considered by the state for a gun permit which is also known as concealed carry. John R. Lott, is an economist and has received his Ph.D. in economics from UCLA. He claimed "shall-issue" concealed carry laws reduced murders by 8.5%, rapes by 5%, aggravated assaults by 7%, and robbery by 3%, according to a 2000 analysis of FBI crime data” (Lott, John R.) This refers to how concealed carry reduces crime and information was reported by the FBI compared to the other states that don’t allow concealed carry. This quote shows real evidence on how guns
Guns, Crime, and Freedom states that, no gun law which restricts the right of law-abiding citizens to own guns has been proven to reduce crime or homicides, not even the Brady Law and the “Clinton Crime Bill.” These two laws st...
Crime and guns. The two seem to go hand in hand with one another. But are the two really associated? Do guns necessarily lead to crime? And if so do laws placing restrictions on firearm ownership and use stop the crime or protect the citizens? These are the questions many citizens and lawmakers are asking themselves when setting about to create gun control laws. The debate over gun control, however, is nothing new. In 1924, Presidential Candidate, Robert La Follete said, “our choice is not merely to support or oppose gun control but to decide who can own which guns under what conditions.” Clearly this debate still goes on today and is the very reason for the formation of gun control laws.
Gun violence is one of the United States' most serious crime problems. The total cost of gun violence in the United States, including medical, criminal justice, and other government and private costs, is at least $6 to $12 billion a year (Cook, P. J. & Ludwig, J., 2000). The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) mission is to track firearms. It reported that firearms sales have risen since 2005. According to the ATF Online Statistics website, in 2005, ATF processed 147,484 National Firearms Act forms.... ...
Did you know the second amendment states that you have a right to own and use arms for protection? Kentucky passed a law in 1813 that prohibits the carrying of concealed weapons. In May 1987, Florida passed a “shall-issue” law that became a model for other states. There were 11 states that have the “may-issue” law which allowed permits. On July 8, 2011, Wisconsin became the 49th state to allow concealed carry. (ProCon.org) Adults who go through training and obtain a permit should be able to carry a concealed handgun.