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Brady Handgun Violence Prevention Act 1993

Definition

US federal statute establishing the National Instant Criminal Background Check System (NICS) administered by the FBI. Requires FFLs to conduct a NICS check before transferring any firearm. Over 400 million checks processed since enactment; approximately 1.5 million denials.

Jurisdiction
United States, federal
Year enacted
1993
System created
NICS, administered by the FBI
Checks processed
Over 400 million since enactment

Common questions

What does the Brady Act actually require, as opposed to what NICS does?+

The Brady Act is the statute that requires federally licensed firearms dealers to run a background check before transferring a firearm; NICS is the database and system the FBI built to let dealers perform that check in real time.

Does the Brady Act cover private firearm sales between individuals?+

No, the check requirement applies to transfers by Federal Firearms Licensees, so private sales that do not go through a licensed dealer are not covered by the Brady Act's background check mandate, which is a frequently misunderstood limit of the law.

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