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What is the Brady Law?

Published in Gun Control Legislation 3 mins read

The Brady Law, officially known as the Brady Handgun Violence Prevention Act, is a landmark piece of United States federal legislation enacted in 1993. Its primary purpose is to regulate firearm purchases by mandating background checks for individuals attempting to buy firearms from federally licensed dealers.

Key Provisions of the Brady Law

The Brady Law introduced several critical measures aimed at preventing prohibited individuals from acquiring firearms.

  • Interim Waiting Period: As an interim measure, the law imposed a waiting period of 5 days before a licensed importer, manufacturer, or dealer could sell, deliver, or transfer a handgun to an unlicensed individual. This temporary measure allowed local law enforcement to conduct background checks.
  • National Instant Criminal Background Check System (NICS): The most significant and lasting provision of the Brady Law was the establishment of the National Instant Criminal Background Check System (NICS). Implemented in 1998, NICS largely replaced the interim 5-day waiting period. When an individual attempts to purchase a firearm from a federally licensed dealer, the dealer contacts NICS (managed by the FBI), which checks records from federal and state databases to determine if the buyer is prohibited from owning firearms.
  • Prohibited Persons: The law reinforces existing federal prohibitions on firearm ownership for certain categories of individuals, including those convicted of felonies, domestic violence misdemeanors, individuals subject to restraining orders, those adjudicated as mentally defective, or committed to a mental institution.

How the Brady Law Works

When a person seeks to purchase a firearm from a licensed dealer, the process generally involves the following steps:

  1. Form 4473: The prospective buyer fills out an ATF Form 4473, which includes personal information and a series of questions about their eligibility to possess a firearm under federal law.
  2. NICS Check: The licensed dealer contacts the NICS through a toll-free telephone number or the internet.
  3. Background Check: The NICS operator or system searches three primary databases for disqualifying information:
    • The National Crime Information Center (NCIC)
    • The Interstate Identification Index (III)
    • The NICS Index
  4. Decision: Based on the results, NICS provides one of three responses:
    • Proceed: No disqualifying information found; the sale can proceed.
    • Denied: Disqualifying information found; the sale cannot proceed.
    • Delayed: More research is needed; the sale is delayed for up to three business days. If NICS does not respond within this period, the dealer may, but is not required to, complete the sale.

Impact and Legacy

The Brady Law has significantly impacted gun control in the United States by establishing a standardized, nationwide system for background checks. Before its implementation, background checks were often inconsistent or non-existent at the point of sale.

  • Reduction in Prohibited Sales: Since its inception, NICS has processed millions of background checks and prevented hundreds of thousands of prohibited firearm sales.
  • Ongoing Debate: Despite its effectiveness, the Brady Law and the NICS system continue to be subjects of debate, particularly regarding universal background checks (which would extend checks to private sales, not just those through licensed dealers) and the types of records included in the system.

The Brady Law is named after James Brady, who was critically wounded during an assassination attempt on President Ronald Reagan in 1981 and became a prominent advocate for gun control.