THE WHITE HOUSE
Office of the Press Secretary
President Clinton: Defending and Strengthening the Brady Law
August 6, 1998
At a Rose Garden event today, President Clinton will challenge Congress to make permanent the Brady waiting period of up to five days before the purchase of a handgun; and oppose Congressional efforts to undermine final implementation of the Brady Law.
Making Permanent the Brady Waiting Period for Handgun Sales
Preserving a critical law enforcement tool. The Brady Law
establishes a five-day waiting period before a handgun can be sold,
but this provision sunsets when the National Instant Criminal
Background Check System (NICS) takes effect on November 30, 1998.
While NICS will allow access to a fuller set of records than is now
available -- and stop even more ineligible purchasers from buying
firearms -- a permanent waiting period will enhance local law
enforcement?s ability to be the last, best line of defense against
illegal handgun purchases. This waiting period will allow law
enforcement officers to check additional, non-computerized records,
and will provide cooling-off time for handgun purchases.
Calling on Congress to beat the deadline. President Clinton will
challenge Congress to extend the Brady waiting period for handguns
before it expires on November 30th. He will support legislation
introduced by Representative Schumer and Senator Durbin and
applying to all states to which the Brady Law now applies that
will: (1) require a minimum 3-day waiting period for all handgun
purchases; (2) add up to an additional two days to the waiting
period if law enforcement officers need more time to clarify
arrest records; and (3) require gun dealers to notify local law
enforcement officials of all proposed handgun purchases, as they
must now but under current law need not once the NICS goes into
effect.
Defending the Brady Law
Proof positive that Brady works. Since taking effect in 1994, the
Brady Law has prevented an estimated 242,000 felons, fugitives,
mentally unstable persons, and other prohibited purchasers from
buying handguns. In 1997 alone, 69,000 handgun purchases were
blocked as a result of Brady background checks.
Expanding Brady?s reach. Under the Brady Law, the National
Instant Criminal Background Check System (NICS) will take effect
on November 30, 1998. NICS will allow access to a fuller set of
records than is now available, and law enforcement officials will
use it to conduct checks of all prospective gun purchases -- not
just handgun purchasers. After nearly 5 years of working with law
enforcement to develop the NICS, the Justice and Treasury
Departments plan to propose a regulation to finalize its
implementation next week.
Fighting efforts to undermine Brady. A recent amendment to the
Senate Commerce- Justice-State appropriations bill would undermine
implementation of the NICS. Among other things, the amendment
would prohibit the FBI from charging gun dealers a fee for
background checks, even though the FBI currently charges school
districts, day care providers, and many others for similar
background checks. Without the resources generated by such a user
fee, the FBI either will have to forego processing millions of
background checks, or will have to transfer resources from other
crime fighting efforts. The Administration strongly opposes this
anti-Brady amendment.