Written by attorneys · grounded in primary & secondary sources — see below
A federal statute that establishes a national instant background check system for prospective handgun purchasers. The statute requires firearms dealers to notify the chief law enforcement officer of the purchaser's residence and imposes interim duties on those officers to conduct checks until the federal system becomes operational.
Sources & Authorities
How it applies
Common Examples
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State Officer Background Check Mandate
Barbara Bennett serves as the chief law enforcement officer in her county. A local dealer notifies her of a proposed handgun sale to Bernard Bass and asks her to perform the required check. Bennett must divert time from her regular duties to review federal databases and state records for disqualifying information. When she refuses on the ground that the federal government cannot compel her participation, the dealer withholds the transfer pending resolution of the constitutional objection.
Data Regulation Distinction
Boubacar Bah, a state motor vehicle official, receives a federal directive to release driver records containing personal information to a private research firm. The directive regulates the commercial sale of that data rather than requiring Bah to perform new investigative tasks. Because the requirement targets the handling of an article of commerce instead of conscripting state personnel into federal enforcement, the obligation survives constitutional challenge.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Reno v. Condon528 U.S. 141 (2000)
Common questions
Frequently Asked
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What does the Brady Act require of state law enforcement officers?+
The statute directs chief law enforcement officers to make reasonable efforts to determine whether a prospective handgun purchaser is legally disqualified. Officers must receive notice from dealers and conduct checks during an interim period before the national instant system is fully operational.
Supporting sources
Why did the Supreme Court invalidate portions of the Brady Act?+
The Court held that the interim provisions commandeered state officers to administer a federal regulatory program. This direct federal command to state executive officials violates the Tenth Amendment and the principle of dual sovereignty.
Supporting sources
How does the Brady Act differ from statutes upheld under the anti-commandeering doctrine?+
Unlike laws that regulate state conduct as participants in interstate commerce, the Brady Act provisions required officers to perform affirmative investigative duties on behalf of the federal government. The distinction turns on whether the federal measure compels new enforcement actions rather than merely regulating existing state activities.
Supporting sources
521 U.S. 898 (1997)Legislation and Regulation
…to carry out federal regulatory programs. Today we hold that this prohibition applies equally to state judicial officials. The Brady Handgun Violence Prevention Act (Brady Act or Act), 18 U. S. C. § 922(g)(8), requires the Attorney General to establish a national instant background check system by November 30, 1998. In the interim, the Act requires…