Posted by David Kopel:
Brady II: The Objectives of the Gun Control Lobby:
http://volokh.com/archives/archive_2007_09_16-2007_09_22.shtml#1190402417
In the early fall of 1994, the gun control movement achieved
unprecedented success in Congress. The "Brady Bill" had been enacted
in November 1993, and went into effect in February 1994. After a very
tough political fight, President Clinton's omnibus crime bill was
passed in August 1994. The bill included a 10-year ban on so-called
"assault weapons," as well as other gun controls. Handgun Control,
Inc. (which later changed its name to "The Brady Campaign" promptly
began to push for legislation which it called "Brady II."
Although the bill was introduced, it did not receive a hearing in the
final weeks of Congress before the election. The November 1994
elections resulted in a Republican landslide; in a December 1994
interview with the Cleveland Plain-Dealer, President Clinton stated
that the NRA was the reason that the Republicans had won control of
Congress.
Nevertheless, Brady II is worth remembering as a roadmap for the gun
control lobby's hopes for "the next step" in federal gun control. Due
to the results of the 1994 and subsequent elections, HCI/BC has not
been so bold in its declared legislative agenda. It would be
interesting to know which, if any, items from the Brady II bill are
rejected today by the Brady Campaign or the political candidates which
it has endorsed.
Arsenal licensing
Any person who owns 20 or more firearms or more than 1,000 rounds of
ammunition or primers (e.g. two "bricks" of rimfire ammo) would be
required to get an "arsenal" license. To obtain a federal arsenal
license, a person would need to be fingerprinted, obtain permission of
local zoning authorities, and pay a $300 tax every three years. Her
home would be subjected to unannounced, warrantless inspection by the
government up to three times a year. "Arsenal" owners would also have
to obtain a $100,000 dollar insurance policy.
"Brady II" redefines "firearm" to include magazines and "any part of
the action" (such as pins, springs, or screws). Thus, if a person has
two Colt pistols, three Remington rifles, and four magazines (of any
size) for each gun, then he own an "arsenal." Or if he owned two guns,
six magazines, and a box of disassembled gun parts that contained five
springs, five pins, and five screws, then he would own 23 "firearms"
and would have to obtain an "arsenal" license.
Licensing
Every handgun buyer would be required to obtain a state handgun
license. The license would be good for no more than two years. No-one
could obtain a license without passing a state-controlled "safety"
course. The fees for the license and the safety course would have no
limits. The fees could be set far in excess of the state cost of
providing the license and the course; instead, the fees could a source
of general revenue.
Nothing would prevent licensing authorities from taking months or
years to issue a license. And nothing would prevent the authorities
from making the "safety" test so rigorous that almost no-one except an
expert shooter could pass.
That an applicant had been shooting handguns for 50 years, or was an
NRA certified safety instructor, or a proficient competitive target
shooter would not exempt him from the requirement to pay for the
government "safety" class.
Every handgun transfer (including one's adult son an old revolver)
would be subject to these restrictions. In addition, every handgun
transferred would have to be registered by make and serial number.
The late Pete Shields, the chair of HCI, in a 1976 interview,
explained his strategy for using registration as a way-station to
handgun confiscation:
"The first problem is to slow down the number of handguns being
produced and sold in this country. The second problem is to get
handguns registered. The final problem is to make possession of all
handguns and all handgun ammunition--expect for the police,
licensed security guards, licensed sporting clubs, and licensed gun
collectors--totally illegal."
(Richard Harris, "A Reporter at Large: Handguns," New Yorker, July 26,
1976, p. 58).
The Brady Campaign currently denies that it wants to confiscate
handguns. But, to the extent that the promise is sincere, is it more
likely to be kept than the group's earlier (and broken) promise "our
organization, Handgun Control, Inc. does not propose further controls
on rifles and shotguns. Rifles and shotguns are not the problem; they
are not concealable." (Pete Shields, Guns Don't Die--People Do, Priam
Press, 1981, pp. 47-48).
Taxes
Currently, the price of guns and ammunition is increased by an 11%
federal excise tax, revenues from which go to improve hunting habitat
and to fund the development of target ranges. Brady II would increase
the taxes to 30% on handguns, and 50% on ammunition. So a $500 pistol
would cost $650, and a $20 box of ammunition would cost $30.
The tax revenues, instead of being spent on the shooting sports, would
be spent on health care.
Persons Barred from Gun Ownership
The list of persons banned by federallaw from owning any gun would be
expanded. A person who got into a bar fight 20 years ago, and pleaded
guilty to misdemeanor third-degree assault, would be barred (ex post
facto) for the rest of his life from owning any gun. (And subject to a
mandatory five years in federal prison for a violation.) Any other
crime, no matter, how petty, that involved the use or threatened use
of force would likewise become a lifetime prohibition.
Possession of handguns or handgun ammunition by a person under the age
of 21, or possession of any guns or ammunition by a person under the
age of 16, would be illegal. Taking one's 15 year old nephew target
shooting with single-shot .22 rifle would be a federal crime.
Gun and Magazine Bans
All magazines which hold more than 6 rounds would be outlawed.
Possession of existing magazines with a larger capacity would be
allowed under the same terms as currently applicable to possession of
machine guns: a 10-point FBI fingerprint; an expensive federal tax;
and possession only allowed if a letter of authorization from the
local police chief is obtained.
"Saturday Night Specials" would be outlawed. They would be defined as:
1. A handgun with any parts made of zinc alloy.
2. Any handgun that uses .22 short ammunition. Many guns that use
.22 long rifle can also use .22 short, and would thus be banned.
3. Any revolver with a barrel less than 3 inches.
4. Any semi-automatic pistol with combined height and length of
less than 10 inches.
5. Any seme-automatic pistol without a "positive manually operated
safety device."
Other Provisions
It would become a federal crime to buy more than one handgun a month.
A permanent 7-day waiting period would be imposed on all handgun
transfers (including gifts between family members).
All firearms would have to be "properly stored" is prevent access by
anyone under the age of 16.
Gun shows would be destroyed, since licensed firearms dealers would
not be allowed to sell guns at the show.
If "Brady II" had become law, what would have been the key to "Brady
III" or "Brady IV"? Mrs. Brady has already told us.
She wants a "needs-based licensing" system, under which no one could
own any gun unless the local police chief decided that the person
"needed" to have the gun. (Erik Eckhom, "A Little Gun Control, a Lot
of Guns," New York Times, Aug. 15, 1993, p. B1).
Ownership of a gun for protection would not be considered a legitimate
"need." Says Mrs. Brady "To me, the only reason for guns in civilian
hands is for sporting purposes." (Tom Jackson, "Keeping the Battle
Alive," Tampa Tribune, Oct. 21, 1993.)
The Brady Campaign's current rhetoric is much milder, and the group
claims not to oppose defensive gun ownership.
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