Gun Control: Implementation of the Brady Handgun Violence Prevention Act

• NCJ Number: 167842
• Author(s): D P Alexander; R P Glick; P V Williams; B D Atkins; S D Boyles; D R Burton; C H Conrad; D F Hass; G R Hamilton
• Date Published: 1996
• Length: 92 pages
• Corporate Author: US Government Accountability Office
• Sale Source: Azimuth Inc.; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This report presents information from a U.S. General Accounting Office (GAO) review of the implementation of Phase I of the Brady Handgun Violence Prevention Act of 1994 which requires a 5-day waiting period for handgun purchases to allow law enforcement officers time to conduct presale background checks for evidence of felony convictions or other disqualifying information.

Abstract

The report focuses on the number of and reasons for handgun purchase denials in selected jurisdictions, addresses the extent of Federal agency follow-up enforcement actions regarding convicted felons and others who falsify their status on handgun purchase application forms, and discusses the effects of court cases challenging the constitutionality of the Brady Handgun Violence Prevention Act. The report indicates law enforcement agencies cumulatively denied 19,740 (4.3 percent) of 457,020 handgun applications processed during the first year of implementation. In 15 jurisdictions with relatively detailed records, the denial rate varied from jurisdiction to jurisdiction, in part because law enforcement officials did not use common or standard criteria in making denials. Only four of the 15 jurisdictions had sufficiently detailed records to permit the GAO to quantify denials based on violent crimes. It was found denials of applicants who had been convicted of or indicted for aggravated assault, murder, rape, or robbery totaled 371 and represented 0.2 percent of all applications and 4.9 percent of denials in the four jurisdictions. With limited exceptions, law enforcement officers in the 15 jurisdictions told the GAO they relied solely on criminal history records to conduct background checks because no databases were available for searching other prohibited categories, such as illegal aliens and dishonorably discharged veterans. The number of Brady-related prosecutions was not readily quantifiable, but available information indicated the number of prosecutions was relatively small and follow-up enforcement action was not a priority of Department of Justice or U.S. attorneys. The GAO determined the full effects of court challenges to Brady will not be known until all appeals are decided. Supplemental information on handgun purchase denials and the Brady handgun purchase form are appended. 23 tables and 3 figures