BRADY LAW WAITING PERIOD EXPIRES TODAY: PUBLIC SAFETY AT RISK

Nov 30, 1998

(Washington, DC) The historic Brady Law waiting period on handgun purchasers expires today when the original Brady system is replaced with a National Instant Check System (NICS). Former White House Press Secretary James Brady, for whom the law was named, his wife and chair of Handgun Control, Inc., Sarah Brady, Senators, Representatives and law enforcement representatives held a news conference today to warn Americans in 24 states that they will no longer be protected against impulse crime by the well-supported "cooling-off" period, as gun purchasers walk out of stores with new guns as soon as the computer has cleared their record.

The original Brady Law, which mandated a waiting period and background check for all handgun purchasers, was altered in the legislative process to sunset in favor of NICS, which relies on computerized federal data to immediately check prospective firearms purchasers for felony convictions and other barriers to purchase. Without a mandatory waiting period, local police departments will not have time to participate in the background check, and gun purchasers considering crimes of passion or impulse suicides will no longer have a "cooling-off" period to protect themselves or their victims. However, public safety will be improved by the new rule that background checks will also now be conducted on all firearm purchasers, not just on those buying handguns.

Although the Justice Department has completed its work in getting the NICS system ready under a very tight deadline, it will not have access to many state and local records that were previously being checked, including in most instances court restraining orders, involuntary admission to a mental hospital, domestic violence misdemeanors, recent arrests that are not yet computerized, and drug offenses, among others. As a result, many prohibited purchasers could slip through the cracks.

"More than ninety percent of Americans agree that a waiting period to purchase firearms is sane, sensible policy, and the success of the Brady Law over the last five years proves them right," said Mrs. Brady. "Why are we fixing what isn’t broken? And why will we again be losing innocent people to an enraged spouse, a disturbed employee, or a would-be criminal needing a fast and easy firearm?

After a 7-year battle in Congress, President Clinton signed the Brady Law on November 30, 1993, with the support of more than 90 percent of Americans. Unable to block passage of the legislation in the face of this tidal wave of public support, the gun lobby’s allies in Congress amended the legislation to require a mandatory "sunset" of the waiting period in five years, to be replaced by a computerized national instant check system. At the time, the Brady Law affected 32 states which had not developed their own background check system; now, five years later, 24 states will be making the transition from a waiting period to an instant check.

Since the implementation of the Brady Law in February 1994, almost a quarter-million prohibited purchasers have been stopped from buying handguns in gun stores, according to the U.S. Department of Justice. Since 1994, gun-related violent crime has been dropping even faster than violent crime overall, and a 1997 study by the Center to Prevent Handgun Violence demonstrated a dramatic decrease in interstate gun trafficking since the Brady Law went into effect. In fact, states that began conducting background checks on handgun purchasers when the Brady Law went into effect are as much as 86% less likely to be sources of guns used in crimes in other states than they were prior to when the checks were performed.

That’s why on July 15, 1998, Senator Dick Durbin of Illinois, Senator Frank Lautenberg of New Jersey and then Representative Charles Schumer of New York introduced a bill that would have established a permanent minimum three-day waiting period for the purchase of firearms to take effect today. Despite the overwhelming popularity and effectiveness of the law, gun lobby supporters in Congress blocked passage of this important public safety measure in the last Congress.

"The fight over the waiting period is far from over," Mrs. Brady said. "Jim and I will be back to the Hill again next year. This issue is far too important to be ignored by Congress."

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As the nation's largest, non-partisan, grassroots organization leading the fight to prevent gun violence, the Brady Campaign, with its dedicated network of Million Mom March Chapters, works to enact and enforce sensible gun laws, regulations and public policies. The Brady Campaign is devoted to creating an America free from gun violence, where all Americans are safe at home, at school, at work, and in our communities.

For continuing insight and comment on the gun issue, read Paul Helmke's blog at www.bradycampaign.org/blog/. Visit the Brady Campaign website at www.bradycampaign.org.