Being a "member" of the Brady Campaign has its perks...

[friendly_iconoclast]

Comic relief, mostly.

Having donated a few bucks to them a couple of months ago, I finally heard from them last week in the form of a printed newsletter, The Brady Report.


Sadly for gun control advocates, they're just as delusional (or mendacious, take your pick) as ever. Examples:

Page 1, regarding the proposed HR 2324 the so called Gun Show Loophole Closing Act-

...When the bill to close the gun show loophole is re-introduced in the 112th Congress in January,
we will be ready to build our base of support and push for hearings on the bill.

Don't book the meeting rooms just yet, people.

Other 'highlights' from the front page

Inside this issue:

VICTORY in Congress Page 4

I wonder how long before I get solicitations from whoever they sold my name and address to. I look upon my donation as

what they call a 'barium meal' in espionage circles.

[lawodevolution]

1. All the Brady Campaign has managed to do by now

is sell a lot of guns by scaring or annoying people. That's the result of all their efforts. I pretty much own any gun I want at any magazine capacity they can build. I can buy any amount of guns at once and I don't have to wait. I can buy guns in private purchases. I can get bullets cheap and one can still get bullets that penetrate armor. I can also carry the firearm if I get a license that my state is required to issue if I pass the background and take the class.

So explain to me what the brady campaign and other gun control groups have accomplish in the decades they've been telling lies other than motivating people to buy more guns.

[spin]

2. The one thing that I can point out is the NICS background check...

The National Instant Criminal Background Check System, or NICS, is all about saving lives and protecting people from harm—by not letting guns and explosives fall into the wrong hands. It also ensures the timely transfer of firearms to eligible gun buyers.

Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives. Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn't otherwise ineligible to make a purchase. More than 100 million such checks have been made in the last decade, leading to more than 700,000 denials.
http://www.fbi.gov/about-us/cjis/nics/nics

Opposition by National Rifle Association

After the Brady Act was originally proposed in 1987, the National Rifle Association (NRA) mobilized to defeat the legislation, spending millions of dollars in the process. While the bill eventually did pass in both chambers of the United States Congress, the NRA was able to win an important concession: the final version of the legislation provided that, in 1998, the five-day waiting period for handgun sales would be replaced by an instant computerized background check that involved no waiting periods.<16>

In January 1994, the National Rifle Association declared: "When Bill Clinton signed the Brady bill into law on November 30, a drop of blood dripped from the finger of the sovereign American citizen ... The executioner's tool is the Brady bill - now the Brady law ... hey'll go house to house, kicking in the law-abiding gun owners' doors." (NRA, "Line Up and Shut Up. Face Forward. Stay in Line. Last Name First," American Rifleman 32, January 1994)

The NRA then funded lawsuits in Arizona, Louisiana, Mississippi, Montana, New Mexico, North Carolina, Texas, Vermont and Wyoming that sought to strike down the Brady Act as unconstitutional. These cases wound their way through the courts, eventually leading the U.S. Supreme Court to review the Brady Act in the case of Printz v. United States.

In Printz, the NRA argued that the Brady Act was unconstitutional because its provisions requiring local law enforcement officers to conduct background checks was a violation of the 10th Amendment to the Constitution (Brief Amicus Curiae of the National Rifle Association of America in Support of Petitioners, Printz v. United States, 521 U.S. 898, 1997). Based on these grounds, the NRA told the Court "the whole Statute must be voided."

In its 1997 decision in the case, the Supreme Court ruled that the provision of the Brady Act that compelled state and local law enforcement officials to perform the background checks was unconstitutional on 10th amendment grounds. The Court determined that this provision violated both the concept of federalism and that of the unitary executive. However, the overall Brady statute was upheld and state and local law enforcement officials remained free to conduct background checks if they so chose. The vast majority continued to do so<17>. This issue later became moot when NICS came online in 1998 and the waiting period requirement sunsetted.
http://en.wikipedia.org/wiki/Brady_Handgun_Violence_Prevention_Act

[lawodevolution]

3. Even the NICS is an option. If you have CHL in Texas you will never have to go through a NICS

To buy a gun I bet at the brady center they don't like that.

[safeinOhio]

4. You go thru one and a state

background check to get a CHL. Many states allow one to skip the NICS because of the more in depth background checks. Yet there are some that don't think a background check is needed or constitutional.

[oneshooter]

6. To get a CHL in Texas you go thru both a state AND a federal background check.

NOT a NICS call. That is why no NICS check is required. When you get a renewal only the fed background is rechecked. That is why the renew fee is 1/2 of a new issue license.

Oneshooter
Armed and Livin in Texas

[russ1943]

8. No NICS check required? Only if you've been checked.

Why do you post “That is why no NICS check is required”?

Everything I can find at FBI & ATF and Texas Dept. of Public Safety makes me think the federal background check definitely includes the NICS background check.
Most people think and FBI & ATF sites appear to state that when you purchase a firearm from a FFL in any/every state or territory in the US you must undergo a federal NICS background check. Texas is a non Point of Contact state where the FBI (fed) performs NICS checks on all attempted purchases from FFL’s for both handguns and long guns, not the state. The FBI & ATF sites say, they use the information from the 4473 provided by the FFL to check all three National/Federal databases, Interstate Identification Index (III), National Crime Information Center (NCIC), and the NICS Index which is the National Instant Criminal Background Check System (NICS). (plus the NHS on non US citizens).
A Texas Department of Public Safety site provides the following FAQ Frequently Asked Questions about Texas Concealed Handguns. Do you have to meet all of the federal Brady Law requirements to get a license in Texas?
Yes. Texas law requires you to meet all state and federal laws regarding handgun possession. http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm
An answer to a different question includes the following statement; If the FBI/NICS has finally determined that you are not eligible to purchase a firearm, then you will be disqualified from obtaining a concealed handgun license since you must be qualified under all federal and state laws to purchase or possess a firearm.






The FBI performs NICS checks on both handguns and long guns for: Texas
(as well as many other states & territories). Non-POC states, (like Texas) contact the FBI Criminal Justice Information Services Division’s NICS Section to initiate background checks. When an FFL initiates a NICS background check, a search of the individual’s name and descriptive information (e.g., date of birth, gender, race, state of residence, and place of birth) is conducted to identify any matching records in the following nationally held databases managed by the FBI: Interstate Identification Index (III): National Crime Information Center (NCIC): NICS Index: Also, a search of the applicable databases of the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) is conducted on all non-U.S. citizens. Persons holding firearm permits which qualify as alternatives, per the ATF, under the permanent provision of the Brady Act are not required to undergo a NICS check.
http://www.fbi.gov/about-us/cjis/nics/poc
In Texas (and about 14 other states) Concealed weapons permits qualify (and another handful describe handgun permits or licenses) as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under State law in order to qualify as a Brady alternative.
http://www.atf.gov/firearms/brady-law/permit-chart.html

[RSillsbee]

7. They certainly weren't needed prior to 1968

I've not heard that crime was worse in the 60's

[PavePusher]

5. So, checks before buying a gun are "Constitutional"...

but checks before voting ain't.

http://www.reuters.com/article/idUSTRE69P4T920101027

Fascinating.

[Euromutt]

9. Couple of observations there...

First, the challenge to the Brady Act was on the basis of the 10th Amendment, arguing that by requiring non-federal law enforcement agencies to carry out the background checks, the federal government was usurping the authority reserved to "the several states." Since the background check is now conducted by the FBI (via NICS), this issue has become moot. This consideration did not apply in the case involving Arizona to which you link.

Furthermore, in the Arizona case, what was deemed unconstitutional was the requirement to prove citizenship when registering to vote, but not a requirement to show ID when actually voting. Now here's the thing: to the best of my knowledge, it's illegal to vote if you're not eligible, but there's nothing says you can't register to vote all the same. Thus, the state has a compelling interest to check your eligibility when voting, but not when registering.