Gun Laws
Brady Handgun Violence Prevention Act

Brady Bill

The Brady Handgun Violence Prevention Act, also known as the Brady Bill, was passed by Congress and signed into law by President Bill Clinton on November 30, 1993.    The act was named after James Brady, who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.    The law initially required a five-day waiting period for customers purchasing firearms or handguns, and mandated a national criminal background check on purchasers buying handguns from ATF-licensed dealers. Private party sales, or sales by dealers who are not federally approved, were not effected as the federal government has no jursidiction to restrict intrastate commerce.

   The provision which mandated that local law enforcement officials carry out the background checks was struck down by the Supreme Court in 1997 as an unfunded mandate. The waiting period provision was set to sunset in 1998.

   In the interval the so-called "instant-check" system, still used today, was developed by the FBI. The "instant" check still requires a wait of three business days in instances where the system fails to positively approve or deny the applicant. Most states have some form of alternative to the background check such as concealed handgun permits or mandatory state or local level checks.

From The ATF Website:

States in which the FBI Conducts NICS Checks for All Firearms Transactions

States that Act as the Point of Contact (POC) for All Firearms Transactions

States that Act as a Partial Point of Contact (POC) for NICS Checks

• Florida  - Florida Dept. of Law Enforcement for all firearms, except
  licensees may contact the FBI for certain pawn transactions
  
• Iowa - Permit POC for handguns
  FBI – long guns
  
• Maryland - Maryland State Police – handguns and assault weapons
  FBI – long guns and pawn redemptions
  
• Michigan - Permit POC for handguns
  FBI – long guns
  
• Nebraska - Permit POC for handguns
  FBI – long guns
  
• New Hampshire  - New Hampshire Department of Safety for handguns
  FBI – long guns
  
• North Carolina - Permit POC for handguns
  FBI – long guns
  
• Washington - Chief law enforcement officer for handguns without CPL
  FBI - for handguns with CPL
  FBI – long guns
  
• Wisconsin - Wisconsin Department of Justice for handguns
  FBI – long guns