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Brady Handgun Violence Protection Act Essay

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EXECUTIVE SUMMARY:______________________________________________________ The Brady Handgun Violence Protection Act, in short: The Brady Act, was United States legislation that was passed by Congress in 1993. The Brady Act required a five-day waiting period and criminal background check, performed by state and local law enforcement, for the purchase of a handgun. The Brady Act was instituted to curtail handgun violence and decrease the probability of a handgun ending up in a criminal’s hands. The legislation was heavily pushed by Senator James Brady and his wife, Sarah Brady, after Sen. Brady was seriously injured by a gunshot wound during the attempted assassination of President Ronald Reagan in 1981. The five-day waiting period went into effect on February 28, 1994, and was strongly opposed by the National Rifle Association (NRA). The NRA indicated the Brady Act was unconstitutional and a violation of the 10th Amendment. Lawsuits in several states were heard, and finally the Brady Act was deemed unconstitutional in 1997 by the U.S. Supreme Court, in the case of Printz v. United States. At that time, the Federal Bureau of Investigation (FBI), instituted the National Instant Criminal Background Check System (NCIS) which would allow for instant background checks of handgun purchasers, and provisions were made to the Brady Act to satisfy the court. The NCIS became operational on November 30, 1998. The Brady Campaign indicates over 2.6 million prohibited gun purchases have

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