Newsgroups: talk.politics.misc
From: [an 25970] at [anon.penet.fi]
Subject: Brady Bill Struck Down - Again
Date: Fri,  1 Jul 1994 05:03:53 UTC

From AP, 10:20 PM (ET) 6/28

 Judge Nixes Part of Brady Bill
   TUCSON, Ariz.--A federal judge struck down part of the Brady Law on
Tuesday, saying it is unconstitutional for the government to require
local police to check gun-buyers' backgrounds.
   US District Judge John Roll upheld the new law's requirement that
potential handgun buyers wait 5 days before purchasing a weapon.
   But he issued a permanent injunction against the portion of the law
requiring local law enforcement agencies to conduct background checks.
   A federal judge in Montana issued a similar ruling last month,
while a federal judge in Texas upheld the law against a challenge on
similar grounds. The law also has been challenged in Mississippi,
Louisiana and Vermont.
   Roll acted on a lawsuit filed by Graham County Sheriff Richard
Mack, who claimed the law was unconstitutional and put an undue burden
on his small department.
   "My first inclination is complete elation," Mack said of the
ruling. "I'm really proud to be part of a system that still works.
   "I think this is a wonderful way to bring in the 4th of July
celebration and that our freedom and independence still mean something
to people in this country," he said.
   The Justice Dept will probably appeal, he said.
   In Washington, the Justice Dept lawyer who handled the case, Pamela
Eppli, said she could not comment.
   The law, which took effect March 1, was named for James Brady, the
presidential press secretary injured in the assassination attempt on
President Reagan.
   It imposes a 5-day waiting period for handgun purchases. During
that time, local law-enforcement agencies are supposed to check the
backgrounds of potential buyers to ensure they don't have felony
convictions or mental problems that would block a purchase.
   Roll found that the section of the law requiring a "reasonable"
background check violates 10th Amendment provisions reserving for
states powers not specifically assigned to the federal government.
   Additionally, he found that 5th Amendment guarantees of due process
would be violated by criminal penalties the law imposes on law
officers who fail to carry out the checks.
   Mack had become a hero of the gun lobby, appearing on TV talk shows
across the country and even holding a "Donahue" show debate with Sarah
Brady about the federal law named for her husband.
                                          (From AP)

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