The Brady Handgun Violence Prevention Act

The Brady Bill, signed into law in 1993, required federally licensed firearms dealers to conduct background checks on prospective handgun buyers. It was named for James Brady, the White House press secretary who was shot during the 1981 assassination attempt on President Reagan.

James Brady was struck in the head by a bullet on March 30, 1981, during John Hinckley's attempt on President Reagan's life. He survived but was permanently disabled. His wife Sarah became a leading advocate for federal background checks on gun purchases. The Brady Handgun Violence Prevention Act, passed after years of debate and a number of failed earlier attempts, was signed by President Clinton in November 1993. As originally enacted, the law required a five-day waiting period and a check by local law enforcement before a federally licensed dealer could sell a handgun. In 1998, the waiting period was replaced by the instant criminal background check system, known as NICS, run by the FBI. Dealers now run prospective buyers through NICS at the point of sale. The check looks for felony convictions, domestic violence misdemeanors, dishonorable discharges, certain mental health adjudications, and other disqualifying factors. The Supreme Court in Printz v. United States in 1997 struck down the provision that compelled local sheriffs to perform the checks, on federalism grounds, but the federal NICS system remained intact. The Brady law applies only to sales by licensed dealers. Private transfers between individuals, often called the private sale loophole or the gun show loophole, are not covered under federal law, though some states require background checks on private sales. Debates over expanding background checks to all transfers have been a recurring feature of federal gun policy since.