The Brady Pollution Prevention Act (Pub.L. 103-159, 107Ã, Stat.Ã, 1536, enacted November 30, 1993), commonly referred to as the Brady Act or Brady Bill , is the United States Congress Act mandating federal background checks on firearms buyers in the United States, and imposed a five-day waiting period on purchases until the NICS system was implemented in 1998.
The original law was introduced to the House of Representatives by Representative Charles E. Schumer in March 1991, but never brought to voting. The bill was reintroduced by Rep. Schumer on February 22, 1993 and its latest version was passed on 11 November 1993. It was signed into law by President Bill Clinton on November 30, 1993 and the law came into force on February 28, 1994. The law was named James Brady, who was shot by John Hinckley Jr. during the assassination attempt of President Ronald Reagan on March 30, 1981.
Video Brady Handgun Violence Prevention Act
Terms
The Brady Bill requires that background checks be conducted on individuals before firearms can be purchased from authorized dealers, manufacturers or federal importers - unless there are exceptions. In the absence of additional state restrictions, firearms may be transferred to the individual once approved by the FBI-administered National System of Instant Crimes (NICS). In some states, previous background check evidence may be used to pass NICS checks. For example, state-imposed permissions typically include background checks that are equivalent to those required by the Act. Other alternatives to NICS inspections include state-issued weapons purchase permits or mandatory or local state background checks.
Section 922 (g) of Brady Bill prohibits certain persons from sending or transporting any firearms in interstate or foreign trade, or receiving firearms that have been shipped or transported in interstate or foreign commerce, or possessing firearms anything inside or affecting trade. This prohibition applies to anyone who:
Section 922 (n) of the Law makes it illegal for any person under the indictment of an offense punishable by a term of more than one year to ship or carry any firearm in an inter-state or foreign trade, or to receive firearms that have been delivered or transported in interstate or foreign trade.
Currently, 92% of Brady background checks via NICS are completed while the FBI is still on the phone with a weapons dealer. In rare cases, the arms buyer may have to wait up to three business days if the NICS system fails to approve or reject positively the request to purchase a firearm. If the refusal is not issued within the three days, the transfer can be completed at that time.
The transfer of firearms by unlicensed private sellers who are "not involved in business" in handling firearms are not subject to the Brady Act, but may be covered under other federal, state and local restrictions.
The Brady Bill also does not apply to Curios & amp; Relic Passenger (C & amp; R), but only with firearms C & amp; R. Category FFL 03 Curio & amp; The relic license costs $ 30 and is valid for three years. Collector C & amp; R licensed ones can also purchase C & amp; R from an individual or from a federal gun dealer, either in their home country or in another state, and sends C & amps firearms R in interstate commerce with common carriers. Curios or relics are defined in 27 C.F.R. 478.11 as "Firearms that have special interest for collectors on the grounds of certain qualities in addition to being associated with firearms intended for sports use or as offensive or defensive weapons." The rules further state:
To be recognized as antiques or relics, firearms must fall into one of the following categories:
(a) Firearms made at least 50 years before the current date, but excluding replicates thereof;
(b) Firearms certified by city, state, or federal museum curators displaying firearms to be antiques or relics of museum flowers; or
(c) Any other firearms that derive a substantial part of their monetary value from the fact that firearms are new, rare, strange, or because of their association with some historical figures, periods, or events. Evidence of certain firearm qualifications under this category may be established with evidence of present value and evidence that such a firearm is not available except as a collector item, or that the value of firearms as available on ordinary commercial channels is much less.
Maps Brady Handgun Violence Prevention Act
James J. and Sarah Brady
James Brady is the press secretary for President Ronald Reagan when he and the president, along with Secret Service agents Tim McCarthy and District of Columbia police officers Thomas Delehanty, were shot on March 30, 1981, during an assassination attempt by John Hinckley Jr., Brady shot in the head and suffered serious injuries that paralyzed him partly for life.
John Hinckley Jr. bought a.22 caliber caliber of 0.22 caliber RÃÆ'¶hm RG-14 used in shooting at a Dallas, Texas pawnshop, on October 13, 1980. In a purchasing application he filled before taking over the gun, he gave the fake home address on the form and showed Texas's old license as "proof" that he lives there. This is a crime offense. In addition, Hinckley had been arrested four days earlier at the Metropolitan Airport in Nashville, Tennessee, when he tried to board American Airlines for New York with three handguns and some loose ammunition in his carry-on bag. On the same day, President Jimmy Carter was in Nashville and was scheduled to travel to New York. Finally, Hinckley was under the care of a psychiatrist before the purchase of his weapon.
According to Sarah Brady, background checks have been done on Hinckley, it can detect some, or all, of this important history of mental and criminal health.
Sarah Brady, James's wife, became active in the gun control movement several years after the shooting. He joined the Pistol Control Board, Inc. (HCI) in 1985 and became Chairman in 1989. Two years later, he became Chairman of the Center for the Prevention of Pistol Violence, the HCI 501 (c) (3) nuns organization. In 2001, the organization was renamed Brady Campaign to Prevent Pistol and Brady Center Hardness to Prevent Pistol Hardness in honor of James and Sarah.
On February 4, 1987, the Brady Act was introduced at the US Congress for the first time. Sarah Brady and HCI made part of the Brady bill, as it is called, their main legislative priority. In an editorial in March 1991, President Reagan argued that the Brady Act would provide an important "enforcement mechanism" to end the honor system of the 1968 Arms Control Act and "can not help but stop thousands of illegal weapons purchases."
James and Sarah Brady were honorary guests when President Bill Clinton signed the Brady Act into law on November 30, 1993. President Clinton has stated, "If it were not for them, we would not pass Brady's Law." In December 2000, the Supervisory Board for HCI and the Center for the Prevention of Handgun Violence voted to honor James and Sarah Brady of hard work and commitment to controlling weapons by renaming two Brady Campaign organizations to Prevent Pistol and Brady Centers Violence to Prevent the Gun of Violence.
In 2000, the controversy arose when Sarah Brady bought a 0.30-06 Springfield rifle in Delaware for her son. Armed rights groups claim that this action is a purchase of straw, which is intended to avoid NICS, and may also violate Delaware weapon purchase laws. However, no allegations were made against Sarah Brady. Firearms purchased as gifts are not considered purchases of straw under US federal law if the recipient can legitimately possess it. Critics point out, however, that private firearms transfers such as those created by Sarah Brady are a common concern of arms control supporters (though exceptions to family members have been allowed in past legislation to regulate such sales).
Opposition by National Rifle Association
After the Brady Act was originally proposed in 1987, the National Rifle Association (NRA) was mobilized to defeat the law, spending millions of dollars in the process. While the bill finally qualified in both US Congressional chambers, the NRA was able to win important concessions: the final version of the law stipulates that, in 1998, a five-day waiting period for arms sales would be replaced by an instant computerized inspection background that did not involve the period wait.
The NRA then funded lawsuits in Arizona, Louisiana, Mississippi, Montana, New Mexico, North Carolina, Texas, Vermont, and Wyoming that attempted to bring down the Brady Act as unconstitutional. These cases injured their way through the courts, eventually leading the US Supreme Court to review the Brady Act in the case of Printz v. United States .
In Printz , the NRA is of the opinion that Brady's Law is unconstitutional because of its provisions requiring local law enforcement officials to conduct background checks is a violation of the 10th Amendment of the Constitution (Brief Amicus Curiae of the American Rifle Association of America in Supporting the Petitioners, Printz v. United States , 521 US 898, 1997). For this reason, the NRA told the Court "the entire Statute should be canceled."
In its decision in 1997 in the case, the Supreme Court ruled that the provisions of the Brady Act that forced state and local law enforcement officials to conduct unconstitutional background checks on the grounds of the 10th amendment. The Court ruled that this provision violated both the concept of federalism and the unitary executive. However, Brady's law as a whole is enforced and state and local law enforcement officers remain free to conduct background checks if they so choose. Most continue to do so. In 1998, background checks for firearms purchases became activities run by the federal government when NICs came online, although many states continued to mandate state background checks before weapon dealers could transfer firearms to buyers.
Background checks for firearms purchases only operate in one direction because of the Firearm Owners Protection Act. That is, even though firearm dealers can obtain electronic information that a person is exempt from the purchase of firearms, the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) do not receive electronic information in return for indicating what weapon is being used. purchased.
Since 1998
From the start of the NICS system from 1998 to 2014, more than 202 million Brady background checks were conducted. During this period, approximately 1.2 million purchases of firearms were blocked by Brady's background check system, or about 0.6 percent. The most common reason for rejection is a previous criminal conviction.
Prosecutions and convictions of violators of the Brady Act, however, are very rare. During the first 17 months of the Act, only seven people were convicted. In the first year of the Act, 250 cases were referred for prosecution and 217 cases were rejected.
A 2000 study found that the Brady Act implementation was associated with "a reduction in suicide gunfire rates for people aged 55 years or older but not with a reduction in murder rate or overall suicide rate."
See also
- Federal Weapons Weapon
- The law of weapons in the United States
- The political gun in the United States
References
External links
- Brady Design Text from US Government Printing Office
- Brady Campaign Website
- Printz v. United States (95-1478), 521 U.S. 898 (1997), from the Legal Information Institute
- Play call voice from the US Senate
- Play a voice call from the US House of Representatives
Source of the article : Wikipedia
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