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Will the Brady Law Work After Instant Check?

Summary of Brady Law Changes

This chart summarizes the most significant differences between the "old" or current version of the Brady Law, as altered by a U.S. Supreme Court decision last year, and the "new" version which will take effect on November 30, 1998.


Brady Law Changes

. "Old" Brady
(until Nov. 30, 1998)
"New" Brady
(starts Nov. 30, 1998)
FIREARMS COVERED Handguns Handguns and long guns (rifles and shotguns)
WAITING PERIOD Waiting period of up to five business days for completed background check. "Instant Check," with up to three business days to sort out ambiguous results of check.
BACKGROUND CHECK Local law enforcement checks "available criminal records." (Supreme Court removed requirement for local law enforcement to conduct checks, now check is optional for local government.) Instant Check, by telephone or computer. In some states, firearm dealers query state "point of contact" or "POC." If state does not provide POC, dealer contacts FBI directly.
EXEMPTIONS Individuals with valid state permits to "possess or acquire" firearms exempt from background check. Exemption from Instant Check is expanded to include concealed carry license holders.


Go to next section, How Instant Check is Supposed to Work

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All contents � 1998 Violence Policy Center