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Brady Law : ウィキペディア英語版
Brady Handgun Violence Prevention Act

The Brady Handgun Violence Prevention Act (), often referred to as the Brady Act and commonly called the Brady Bill,〔http://www.nytimes.com/1991/03/29/opinion/why-i-m-for-the-brady-bill.html〕 is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States, and imposed a five-day waiting period on purchases, until the NICS system was implemented in 1998.
The original legislation was introduced into the House of Representatives by Representative Charles E. Schumer 〔(【引用サイトリンク】title=H.R.1025 - 103rd Congress (1993-1994): Brady Handgun Violence Prevention Act )〕 in March 1991,〔 but was never brought to a vote. The bill was reintroduced by Rep. Schumer on February 22, 1993 and the final version was passed on November 11, 1993. It was signed into law by President Bill Clinton on November 30, 1993 and the law went into effect on February 28, 1994. The Act was named after James Brady, who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.
==Provisions==
The Brady Bill requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer—unless an exception applies. If there are no additional state restrictions, a firearm may be transferred to an individual upon approval by the National Instant Criminal Background Check System (NICS) maintained by the FBI. In some states, proof of a previous background check can be used to bypass the NICS check. For example, a state-issued concealed carry permit usually includes a background check equivalent to the one required by the Act. Other alternatives to the NICS check include state-issued handgun purchase permits or mandatory state or local background checks.
Section 922(g) of the Brady Bill prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:
# Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
# Is a fugitive from justice;
# Is an unlawful user of or addicted to any controlled substance;
# Has been adjudicated as a mental defective or committed to a mental institution;
# Is an alien illegally or unlawfully in the United States;
# Has been discharged from the Armed Forces under dishonorable conditions;
# Having been a citizen of the United States, has renounced U.S. citizenship;
# Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
# Has been convicted in any court of a misdemeanor crime of domestic violence.
Section 922(n) of the Act makes it unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport any firearm in interstate or foreign commerce, or receive any firearm which has been shipped or transported in interstate or foreign commerce.〔(【引用サイトリンク】title=Federal Register, Volume 62 Issue 124 (Friday, June 27, 1997) )
Currently, 92% of Brady background checks through NICS are completed while the FBI is still on the phone with the gun dealer.〔(【引用サイトリンク】title=FBI — 2006 Operations Report )〕 In rare cases, a gun purchaser may have to wait for up to three business days if the NICS system fails to positively approve or deny his/her application to purchase a firearm. If a denial is not issued within those three days, the transfer may be completed at that time. Lawful permanent residents, who by law should not be subjected to any different or additional hindrances, are routinely delayed for processing, creating a disparate impact of any such purchaser.
Firearm transfers by unlicensed private sellers that are "not engaged in the business" of dealing firearms are not subject to the Brady Act, but may be covered under other federal, state, and local restrictions.
The Brady Bill also does not apply to licensed Curios & Relics (C&R) collectors, but only in respect to C&R firearms. The FFL Category 03 Curio & Relic license costs $30 and is valid for three years. Licensed C&R collectors may also purchase C&R firearms from private individuals or from federal firearms dealers, whether in their home state or in another state, and ship C&R firearms in interstate commerce by common carrier. Curios or relics are defined in as "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." The regulation further states:

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Brady Handgun Violence Prevention Act」の詳細全文を読む



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