The Brady Handgun Violence Protection Act, also known as the Brady Act or the Brady Bill, was enacted in 1993 and requires federal background checks to be conducted on all firearm purchases across the United States. The law was named for James Brady, who was injured in an assassination attempt against President Ronald Reagan in 1981.
With the implementation of the Brady Handgun Violence Protection Act, the government took steps to prevent individuals who were prohibited from owning or possessing firearms from accessing them. Here is more about when you might face criminal charges for a Brady Act violation and when weapons charges should not apply.
Quick History of the Brady Handgun Violence Prevention Act
The Brady Bill was first introduced in 1987 where it required a seven-day waiting period from the time someone applied for a handgun to the time the sale could be completed. During this time, a background check would be completed.
However, the bill was defeated in 1988 due to concerns about constitutional rights violations. In 1993, the bill was re-introduced into the House of Representatives where it was signed into law by President Bill Clinton. The Brady Act went into effect in February 1994.
What Does the Brady Bill Require?
Under the Brady Handgun Violence Prevention Act, background checks were required to be conducted before a firearm can be purchased from an importer, manufacturer, or federally licensed firearm dealer. Limited exceptions apply.
With the implementation of the National Instant Criminal Background Check System (NICS), which is maintained by the US Federal Bureau of Investigation (FBI), firearms can be transferred upon approval as long as there are no further state restrictions.
However, in some cases, you may be able to bypass a NICS check with a prior background check. For example, if you have a state-issued concealed carry permit, you may be able to avoid the NICS check since you have already passed a background check to get your concealed carry permit. In some states, regardless of your license status, a NICS check is still required on purchases of new firearms from Federal Firearm License (FFL) holders.
Who is Not Subject to the Brady Act?
Not all parties are subject to the Brady Act. If you are transferring firearms to an unlicensed private seller, you may not be required to follow the requirements and provisions included in the Brady Act.
Curios & relics collectors can avoid Brady Act provisions by purchasing a C&R license for $30, according to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). These licenses are valid for up to three years. As described under 27 CFR 478.11, curios and relics are “firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.”
What Happens if You Are Accused of Carrying a Firearm Without a License?
You should not face criminal charges if you are accused of carrying a firearm without a license. Under Indiana’s permitless carry laws, you are no longer required to have a handgun permit to transport, carry, or conceal a handgun within the state.
However, if you are “Brady disqualified”, such as being the subject of a restraining or protective order, and are therefore prohibited from possessing, owning, or purchasing firearms, you could face charges at both the state and federal level for a Brady violation. You may be able to challenge your Brady disqualification with the help of a knowledgeable legal representative.