The Brady Bill's Struggle to Become a Law

The Brady Handgun Violence Prevention Act was named after James S. Brady, Press Secretary to President Ronald Reagan in 1981. While waving to the crowd after giving a speech, President Reagan was shot at by a man later known to be John Hinkley. Reagan was wounded in his lung. A secret service official and a Washington policeman was also injured. Brady was wounded at close range in the head. Although he was seriously wounded, he remained as Press Secretary until the end of the Reagan Administration in 1989.

In 1987 the Brady Bill was introduced to Congress by two Ohio Democrats. One was Representative Edward F. Feighan and the other Senator Howard M. Metzenbaum. The Bill originally required for a seven-day wait period between application for handgun and time of actual sell. In June of 1988, the Judiciary Committee passed it on a voice vote to be an Amendment to the Omnibus Drug Initiative Act. September 15, 1988, was its' first floor vote but the Brady Bill failed the House vote by 228 to 182.

The Brady measure was reintroduced in 1989 by the same two Ohio Democrats. This version provided that it's mandatory waiting period would cease as soon as an instant felon I.D system became operational nation wide. In 1991, the House Judiciary Committee approved the Bill again. Unfortunately, it did not reach the floor for voting by the full House. To get the Bill to the floor of the house for a vote, supporters tried to attach it to an Omnibus Anti-Crime Bill they thought would certainly receive a floor vote. Their strategy failed and Speaker of the House, Thomas Foley, suggested that the legislation was too controversial to bring to the floor. He was criticized for his suggestion and it was perceived by some as being favorable to gun control opponents such as the (NRA) National Rifle Association. Again, the Brady Bill was put on the shelf when the Congress adjourned.

The general public supported the Bill. The two Ohio Democrats re-entered the Bill in the 102^nd Congress as before the Bill was a success with the House of Judiciary Committee. On May 8^th 1991, the House of Representative voted to pass the Bill 239-186. Less than three years, the Brady Bill picked up an additional 42 votes. The country was demanding to get a Congressional response for gun control in this country. Gun violence was growing during this time. Handguns at this time were responsible for a great increase in homicides. Murders with handguns increased 52%while murders committed with weapons other than handguns decreased by 7%. In 1992, almost one million Americans experienced being a victim of a violent gun crime, in addition to an estimated 15,377 murders. This was a 50% higher rate them the average of crime for the five previous years. During this time it was so easy to purchase a handgun. All you had to do was fill out a form stating that you were not a felon, not dishonorably discharged from the Armed forces, not under indictment, and not a fugitive. If you answered no to any of these questions, you could purchase as many guns as you desired. No verification was needed.

Not everyone was supportive of the Bill and continued to lobby their opposing views. The NRA came up with a scheme to try and weaken the Bill. The Brady Bill, at that time, was considered to be part of an Omnibus Ant-Crime Bill that was introduced by Democrat Joseph Bidden of Delaware. Tedd Stephens, Republican form Alaska, tried to offer an Amendment to that Crime Bill to be called the Stevens Amendment. This Amendment was to replace the Brady Bill with an instant check bill. The Bill was to conduct a background check instantaneously. There was a flaw to this Bill there was no technology available yet to perform instant checks. Yet this would eliminate the need for the seven day wait period. Understandably, the amendment failed by a vote of 54-44.

Senator Robert Dole of Kansas an opposer of the Bill, reached a compromise with Howard Metzenbaum. The compromise was to changing the seven day wait period to five working days. This wait period would longer be in effect when the instant background system became available. This was a big change from the original Brady Bill that was approved by the House, it was passed by the Senate 67-32. The Bill was then referred to the House and Senate Conference for reconciliation of the difference in the two Bills.

In their final report, the committee decided to accept the version that passed the Senate. It was then brought back before the House and Senate to be approved. The house approved, but the Senate could not agree on the final passage of the report. Under it's rules the Senate could not vote on an Amendment or a Bill until 60% agreed to end the debate. This did not happen because they we able to only get 49 votes.

So in an effort to separate the Brady Bill from the it's attachment to the Omnibus Bill, Handgun Control Inc. launched a national campaign called the "Free the Brady" Bill. The Brady Bill supporters launched campaigns in thirteen states simultaneously. They wanted immediate action. Bill Clinton was a presidential candidate who endorsed the campaign which lasted throughout the Congress until it adjournment in early October 1992. Although the campaign failed at its' efforts to get immediate action, it made gun control a major issue in the 1992 Presidential election.

Bill Clinton was elected President of the United States. He said if Congress agreed upon the Brady Bill he would sign it. Senator Metzenbaum re-submitted the bill again in the Senate. Supporters did not stop the fight for the Brady Bill, on November 24 1993, the Senate voted and the Bill passed by a unanimous vote. During a ceremony in the East Room of the White House, Bill Clinton signed the Brady Bill into law. It became effective on February 28, 1994. This law has stopped many felons from buying handguns.

Source: www.saf.org/LawReviews/Aborn1.html