Ninth Circuit upholds tenets of Brady Act.
The Ninth Circuit has shot down Arizona and Montana sheriffs,
arguments against gun-buyer background checks required under the federal
handgun control law. Federal appellate Relating to appeals; reviews by superior courts of decisions of inferior courts or administrative agencies and other proceedings. rulings are pending in the Second
and Fifth circuits. Before the Ninth Circuit ruling--the first at the
federal appellate level on this issue--sheriffs in Arizona, Louisiana,
Mississippi, Montana, and Vermont had won lawsuits against the federal
government. They claimed the Brady Handgun Violence Prevention Act The Brady Handgun Violence Prevention Act of 1993, Pub. L. No. 103-159, 107 Stat. 1536 (Nov. 30, 1993), codified at and , also known as the Brady Bill, passed as H.R. violates the Tenth Amendment The Tenth Amendment to the U.S. Constitution reads:
. District judges in New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S). and Texas
have upheld the constitutionality of the February 1994 law. (Lee v.
United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , No. 94-1132 (D.N.M. Nov. 1, 1995); Koog v. United States,
No. DR-94-CA-8 (W.D. Tex. May 31, 1994).) The Ninth Circuit, voting 2-
1, reversed the lower court decisions in Mack . United States. (Nos.
94-16940, 9417002,94-36193,95-35037, 1995 U.S. App. LEXIS 25263 (9th
Cir. Sept. 8, 1995).) Opponents of the act say the U.S. government is
trampling states, rights by making local law enforcement officers
administer a federal program. The Ninth Circuit said the required
background checks and five-day waiting period for gun buyers is no more
burdensome to law enforcers than federal laws requiring state officers
to report missing children or traffic fatalities.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.