Subj: Court Hears Gun Law Argument Date: 96-12-04 00:37:03 EST From: [A--P--s] at [aol.net] .c The Associated Press By LAURIE ASSEO Associated Press Writer WASHINGTON (AP) -- Several Supreme Court justices voiced doubts Tuesday about a central part of the Brady gun-control law -- the requirement that local police check the backgrounds of prospective gun buyers. ``Can the states require the federal government to do something?'' Justice Anthony M. Kennedy asked acting Solicitor General Walter Dellinger, who argued in defense of the 1993 law. When Dellinger answered ``No,'' Kennedy responded, ``Why does it work in reverse? ... Isn't the point not to have one government interfere with another?'' Justice Sandra Day O'Connor questioned ``the notion that the federal government can just commandeer'' state officials to carry out a federal program. Two sheriffs from Montana and Arizona are challenging the background-check requirement, saying the federal government cannot make them help enforce the Brady law. There is a ``prohibition on requiring states to administer a federal regulatory policy,'' said attorney Stephen P. Halbrook, representing Sheriff Jay Printz of Ravalli County, Mont., and Sheriff Richard Mack of Graham County, Ariz. But Dellinger argued that the requirement is a lawful effort to curb the nation's 13,000 handgun murders each year. ``The information that this individual (gun buyer) may be a convicted felon is right there in the same county,'' Dellinger said. ``It's a rough-and-ready way to get the most readily available information.'' If a county refused to conduct the background checks, ``that's the county where felons will buy guns,'' he said. Under questioning from O'Connor, Dellinger said the government probably could not require states to administer a federal welfare program without offering federal money and the chance to opt out. ``This is just a smaller version of that example, is it not?'' she asked. O'Connor and Kennedy are considered swing votes on the high court, which in some recent decisions has signaled a shift toward the states in the balance of power with the federal government. Halbrook acknowledged the government could get local police to conduct background checks by making it a condition for receiving federal funds. Rep. Charles Schumer, D-N.Y., who sponsored the Brady law, said Tuesday he will introduce legislation early next year that would deny federal crime funds to counties refusing to conduct background checks. The Brady law was enacted in 1993 over bitter opposition from gun-control opponents, including the National Rifle Association. The measure is named after James Brady, the former press secretary who was seriously wounded in the 1981 assassination attempt on President Reagan. Brady attended the hour-long argument session, and afterward he had these words on the law: ``Don't strike it ... because it's working.'' The measure requires a five-day waiting period before the sale of a handgun. During that time, local authorities must try to find out if the buyer has a felony record, a history of mental illness or drug use, or some other problem that would make the sale illegal. Many states have their own laws requiring such background checks. And by late 1998, the federal government is to create a national system to provide instant background checks. The government contends that even if the high court throws out the current background-check requirement, the Brady law's five-day waiting period can remain in force until the national system is in place. Dellinger said the Brady law is valid because it does not require states to adopt any particular policy. Justice Antonin Scalia suggested embracing that argument would ``leave states no options ... (and) make them dance like marionettes'' to implement a federal policy. However, Justice Stephen G. Breyer wondered why a ``minor requirement'' on local police would be considered worse than a central bureaucracy to handle background checks. ``In other countries they think the opposite,'' he said. Halbrook argued that the background-check requirement would be unconstitutional even if local police had plenty of time to perform the duty. ``Regardless of the burden or lack thereof, these commands are not constitutional,'' he said. But Halbrook ran into trouble when he argued that the Brady law would be unconstitutional even if it merely required local police to let federal employees check local records. ``I think that's a rather strange answer,'' Chief Justice William H. Rehnquist said. O'Connor added: ``That's an extreme position.'' Mack was defeated in a September primary election and leaves office in January. The justices are expected to issue a ruling by July. AP-NY-12-04-96 0034EST Copyright 1996 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without prior written authority of The Associated Press.