Brady Act Background Checks, History, and Application

Brady Act Background Checks, History, and Application The Brady Handgun Violence Prevention Act is perhaps the most controversial federal gun control law enacted since the Gun Control Act of 1968, and several events in the U.S. led to its creation and enactment. In an effort to deny guns to those who would misuse them, it requires firearms dealers to perform an automated background check on prospective buyers of all rifles, shotguns or handguns. Brady Bill History On March 30, 1981, 25-year old John W. Hinckley, Jr. tried to impress actress Jodi Foster by assassinating President Ronald Reagan with a .22 caliber pistol. While he accomplished neither, Hinckley did manage to wound President Reagan, a District of Columbia police officer, a Secret Service agent, and White House Press Secretary James S. Brady. While he survived the attack, Brady remains partially disabled. Driven largely by the reaction to the assassination attempt and Mr. Bradys injuries, the Brady Act was passed, requiring background checks on all persons attempting to purchase a firearm. These background checks must be performed or applied by federally licensed firearms dealers (FFLs). NICS: Automating the Background Checks Part of the Brady Act required the Department of Justice to establish the National Instant Criminal Background Check System (NICS) which can be accessed by any licensed firearms dealer by telephone or any other electronic means for immediate access to any criminal information on prospective gun purchasers. Data is fed into the NICS by the FBI, the Bureau of Alcohol, Tobacco, and Firearms, and state, local, and other federal law enforcement agencies. Who Cannot Buy a Gun? Between 2001 and 2011, the FBI reports that over 100 million Brady Act background checks were performed, resulting in more than 700,000 gun purchases being denied. People who may be prohibited from purchasing a firearm as a result of data obtained from the NICS background check include: Convicted felons and people under indictment for a felonyFugitives from justiceUnlawful drug users or drug addictsIndividuals who have been determined to be mentally incompetentIllegal aliens and legal aliens admitted under a non-immigrant visaIndividuals who have been dishonorably discharged from the militaryPeople who have renounced their American citizenshipPeople under domestic violence restraining ordersPeople convicted of misdemeanor domestic violence crimes Note: Under current federal law, being listed on the FBI Terrorist Watchlist as a suspected or confirmed terrorist is not grounds for denial of a firearm purchase. Possible Outcomes of a Brady Act Background Check A Brady Act gun buyer background check can have five possible outcomes. Immediate Proceed: The check found no disqualifying information in the NICS and the sale or transfer can proceed subject to state-imposed waiting periods or other laws. Of the 2,295,013 NICS checks done during the first seven months the Brady Act was enforced, 73% resulted in an Immediate Proceed. The average processing time was 30 seconds.Delay: The FBI determined that data not immediately available in the NICS needs to be found. Delayed background checks are typically completed in about two hours.Default Proceed: When a National Instant Criminal Background Check System check cannot be completed electronically (5% of all checks), the FBI must identify and contact state and local law enforcement officials. The Brady act allows the FBI three business days to complete a background check. If the check cannot be completed within three business days, the sale or transfer may be completed although potentially disqualifying information might exist in the NICS. The dealer is not required to complete the sale and the FBI will continue to review the case for two more weeks. If the FBI discovers disqualifying information after three business days, they will contact the dealer to determine whether or not the gun was transferred under the default proceed rule. Firearm Retrieval: When the FBI finds that a dealer has transferred a gun to a prohibited person due to a default proceed situation, local law enforcement agencies, and ATF are notified and an attempt is made to retrieve the gun and take appropriate action, if any, against the buyer. During the first seven months, the NICS was in operation, 1,786 such firearms retrievals were initiated.Denial of Purchase: When the NICS check returns disqualifying information on the buyer, the gun sale is denied. During the first seven months of NICS operation, the FBI blocked 49,160 gun sales to disqualified people, a denial rate of 2.13 percent. The FBI estimates that a comparable number of sales were blocked by participating state and local law enforcement agencies. Typical Reasons for Denial of Gun Purchases During the first seven months in which Brady Act gun buyer background checks were performed, the reasons for denial of gun purchases broke down as follows: 76 percent - Criminal history of a felony8 percent - Criminal history of domestic violence6 percent - Criminal history of other offenses (multiple DUIs, non-NCIC warrants, etc.)3 percent - Criminal history of drug abuse3 percent - Domestic violence restraining orders What About the Gun Show Loophole? While the Brady Act has blocked more than three million gun sales to prohibited purchasers since taking effect in 1994, gun control advocates contend that up to 40 percent of gun sales occur in â€Å"no questions asked† transactions that often take place over the Internet or at gun shows where, in most states, background checks are not required. As a result of this so-called â€Å"gun show loophole,† the Brady Campaign to Prevent Gun Violence estimates that about 22% of all gun sales nationwide are not subjected to Brady background checks. In an effort to close the loophole, the Fix Gun Checks Act of 2015 (H.R. 3411) was introduced in the House of Representatives on July 29, 2015. The bill, sponsored by Rep. Jackie Speier (D-Calif.), would require Brady Act background checks for all gun sales including sales made over the Internet and at gun shows. Since 2013, six states have enacted similar laws.

How Latin America Gained Independence from Spain

How Latin America Gained Independence from Spain Independence from Spain came suddenly for most of Latin America. Between 1810 and 1825, most of Spains former colonies had declared and won independence and had divided up into republics. Sentiment had been growing in the colonies for some time, dating back to the American Revolution. Although Spanish forces efficiently quashed most early rebellions, the idea of independence had taken root in the minds of the people of Latin America and continued to grow. Napoleons invasion of Spain (1807-1808) provided the spark the rebels needed. Napoleon, seeking to expand his empire, attacked and defeated Spain, and he put his elder brother Joseph on the Spanish throne. This act made for a perfect excuse for secession, and by the time Spain had gotten rid of Joseph in 1813 most of their former colonies had declared themselves independent. Spain fought valiantly to hold on to its rich colonies. Although the independence movements took place at about the same time, the regions were not united, and each area had its own leaders and history. Independence in Mexico Independence in Mexico was sparked by Father Miguel Hidalgo, a priest living and working in the small town of Dolores. He and a small group of conspirators started the rebellion by ringing the church bells on the morning of September 16, 1810. This act became known as the Cry of Dolores. His ragtag army made it partway to the capital before being driven back, and Hidalgo himself was captured and executed in July of 1811. Its leader gone, the Mexican Independence movement almost failed, but the command was assumed by Josà © Marà ­a Morelos, another priest, and a talented field marshal. Morelos won a series of impressive victories against Spanish forces before being captured and executed in December 1815. The rebellion continued, and two new leaders came to prominence: Vicente Guerrero and Guadalupe Victoria, both of whom commanded large armies in the south and south-central parts of Mexico. The Spanish sent out a young officer, Agustà ­n de Iturbide, at the head of a large army to quash the rebellion once and for all in 1820. Iturbide, however, was distressed over political developments in Spain and switched sides. With the defection of its largest army, Spanish rule in Mexico was essentially over, and Spain formally recognized Mexicos independence on August 24, 1821. Independence in Northern South America The independence struggle in northern Latin America began in 1806 when Venezuelan Francisco de Miranda first attempted to liberate his homeland with British help. This attempt failed, but Miranda returned in 1810 to head up the First Venezuelan Republic with Simà ³n Bolà ­var and others. Bolà ­var fought the Spanish in Venezuela, Ecuador, and Colombia for several years, decisively beating them several times. By 1822, those countries were free, and Bolà ­var set his sights on Peru, the last and mightiest Spanish holdout on the continent. Along with his close friend and subordinate Antonio Josà © de Sucre, Bolà ­var won two important victories in 1824: at Junà ­n, on August 6, and at Ayacucho on December 9. Their forces routed, the Spanish signed a peace agreement shortly after the battle of Ayacucho. Independence in Southern South America Argentina drew up its own government on May 25, 1810, in response to Napoleons capture of Spain, although it would not formally declare independence until 1816. Although Argentine rebel forces fought several small battles with Spanish forces, most of their efforts went towards fighting larger Spanish garrisons in Peru and Bolivia. The fight for Argentine Independence was led by Josà © de San Martà ­n, an Argentine native who had been trained as a military officer in Spain. In 1817, he crossed the Andes into Chile, where Bernardo OHiggins and his rebel army had been fighting the Spanish to a draw since 1810. Joining forces, the Chileans and Argentines soundly defeated the Spanish at the Battle of Maipà º (near Santiago, Chile) on April 5, 1818, effectively ending Spanish control over the southern part of South America. Independence in the Caribbean Although Spain lost all of their colonies on the mainland by 1825, it retained control over Cuba and Puerto Rico. It had already lost control of Hispaniola due to slave uprisings in Haiti. In Cuba, Spanish forces put down several major rebellions, including one which lasted from 1868 to 1878. Carlos Manuel de Cespedes led it. Another major attempt at independence took place in 1895 when ragtag forces including Cuban poet and patriot Josà © Martà ­ were defeated at the Battle of Dos Rà ­os. The revolution was still simmering in 1898 when the United States and Spain fought the Spanish-American War. After the war, Cuba became a US protectorate and was granted independence in 1902. In Puerto Rico, nationalist forces staged occasional uprisings, including a notable one in 1868. None were successful, however, and Puerto Rico did not become independent from Spain until 1898 as a result of the Spanish-American War. The island became a protectorate of the United States, and it has been so ever since. Sources Harvey, Robert. Liberators: Latin Americas Struggle for Independence. 1st edition, Harry N. Abrams, September 1, 2000. Lynch, John. The Spanish American Revolutions 1808-1826 New York: W. W. Norton Company, 1986. Lynch, John. Simon Bolivar: A Life. New Haven and London: Yale University Press, 2006. Scheina, Robert L. Latin Americas Wars, Volume 1: The Age of the Caudillo 1791-1899 Washington, D.C.: Brasseys Inc., 2003. Shumway, Nicolas. The Invention of Argentina. University of California Press, March 18, 1993. Villalpando, Josà © Manuel. .Miguel Hidalgo Mexico City: Editorial Planeta, 2002.