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Brady II: The Objectives of the Gun Control Lobby
The Volokh Conspiracy ^ | September 21, 2007 | David Kopel

Posted on 09/21/2007 1:21:44 PM PDT by FreedomCalls

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.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: banglist; bradywatch; guncontrol
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Here's the road map for the fight in 2008-2012. Be prepared. Or maybe it's like you have the enemy's plans in hand before the battle.
1 posted on 09/21/2007 1:21:49 PM PDT by FreedomCalls
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To: FreedomCalls

“We’re going to have to take one step at a time, and the first step is necessarily — given the political realities — going to be very modest ...
So then we’ll have to start working again to strengthen the law, and then again to strengthen the next law, and maybe again and again.
Right now, though, we’d be satisfied not with half a loaf but with a slice.
Our ultimate goal — total control of handguns in the United States — is going to take time ....
The first problem is to slow down the increasing number of guns being produced and sold in this country.
The second problem is to get handguns registered.
And the final problem is to make the possession of *all* handguns and *all* handgun ammunition — except for the military, policemen, licensed security guards, licensed sporting clubs, and licensed gun collectors — totally illegal.”
— Pete Shields, Chairman Emeritus, Handgun Control, Inc. ( “The New Yorker”, July 26, 1976 )


2 posted on 09/21/2007 1:27:42 PM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: FreedomCalls

HR1022 is already in committee.... check it out...


3 posted on 09/21/2007 1:28:16 PM PDT by MD_Willington_1976
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To: FreedomCalls

Wow! Guess I’m hosed on the arsenal definition many times over.

Well, got to run. Heading to the gun shop to pick up a S&W 1026 10mm I bought a few days ago.


4 posted on 09/21/2007 1:29:18 PM PDT by Radio_Silence
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To: FreedomCalls

“Our task of creating a socialist America can only succeed when those who would resist us have been totally disarmed.” - Sarah Brady


5 posted on 09/21/2007 1:39:43 PM PDT by bigdcaldavis ("I'm not some candy-assed white liberal looking to turn you into better citizens." - Martin Querns)
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To: FreedomCalls

I got a good deal on a used SS 6” Rossi .357 last weekend.
Anyone know anything about it—she gonna blow up on me?


6 posted on 09/21/2007 1:42:45 PM PDT by tumblindice
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To: FreedomCalls
Gun show this weekend in FT Laud...War Memorial Auditiorium.

BLOAT (in this case Tomorrow)!

...and a new 10-22 with a bull barrel!
=0)

7 posted on 09/21/2007 1:45:43 PM PDT by woollyone (whyquit.com ...if you think you can't quit, you're simply not informed yet.)
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To: bigdcaldavis

“Our task of creating a socialist America can only succeed when those who would resist us have been totally disarmed.” - Sarah Brady

Did sarah really say that?


8 posted on 09/21/2007 1:46:41 PM PDT by DirtyPigpen
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To: HuntsvilleTxVeteran
Any seme-automatic pistol without a "positive manually operated safety device."

Er doesn't that lump a lot of non-"saturday night specials" into the mix. Like my CZ-75 P01 which doesn't have a manual safety?

9 posted on 09/21/2007 1:53:07 PM PDT by Domandred (Eagles soar, but unfortunately weasels never get sucked into jet engines)
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To: Joe Brower

Bang!


10 posted on 09/21/2007 1:53:52 PM PDT by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*RWVA)
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To: FreedomCalls
“Here’s the road map for the fight in 2008-2012. Be prepared. Or maybe it’s like you have the enemy’s plans in hand before the battle.”

But, just as the public reacts to Islamist admissions about their intentions, most Americans will continue to spend their time watching “American Idol” and assume the problem will just, somehow, “go away.”

America’s enemies, whether they be anti-American leftists from within or Islamist terrorists from without, won’t be wasting their time watching mindless television programs.

11 posted on 09/21/2007 1:57:01 PM PDT by vetsvette (Bring Him Back)
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To: EdReform
...I'm glad someone banged Joe!
12 posted on 09/21/2007 1:57:11 PM PDT by woollyone (whyquit.com ...if you think you can't quit, you're simply not informed yet.)
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To: FreedomCalls
It’s all about advocacy for criminals. Sure I’m wearing a tinfoil hat: The facts are that we tinfoilers have been right more times than we’ve been wrong.

Think it’s a crazy assertion that the democrats are advocating for criminals? Okay, consider Britain: The gun grabbers won over there. So now, anyone who defends themselves against criminals (without guns mind you) is penalized.

That is the next step: Give your guns up, the police aren’t going to get there any faster. This Jena thing is looking like the first toehold on criminals being given leeway.

Check out these gun grabbers’ websites. They claim that they want to reduce crime. Do you know how many anti crime proposals they’ve outlined? The answer is zero, zip, nada. Democrats, the modern incarnation of the nazi party is advocating for one of their support groups: Thugs.

13 posted on 09/21/2007 1:57:55 PM PDT by samm1148 (Pennsylvania-They haven't taxed air--yet)
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To: Domandred

I liked my CZ P-01 so much I bought the CZ-97 (.45)
Btw, Bianchi makes a good belt holster for the P-01: `Black
Widow’ #6.
Good weekend, gotta run.


14 posted on 09/21/2007 2:00:17 PM PDT by tumblindice
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To: FreedomCalls

Are YOU a member of the NRA?

Lets see what laws the anti-gunners have tried to force on us without the NRA stopping them.

1961. We don’t want to take your guns away, we only want to register handguns. Long guns will not be affected.

1964. We don’t want to take your guns away. We only want to register all of them!

1968. We don’t want to take your sporting guns away. We ONLY want to register them and ban ONLY the import of foreign Saturday night specials and five shot WWII military bolt action rifles!

1968 “Today we make America safe by taking the guns out of the hands of criminals!”...LBJ when he signed the 1968 gun control act into law.

1971. We don’t want to take your sporting guns away, we ONLY want to ban Saturday night specials.

1976. We don’t want to take your long guns away. We ONLY want to ban all handguns!

1981. Give up your handguns! And you can keep your rifles!

1989. We don’t want to ban your hunting rifles and shotguns. We ONLY want to ban handguns AND Assault rifles and shotguns.

We ONLY want to ban assault rifles and shotguns AND all fifty cal. rifles and handguns!

I could go into more detail but that is plenty. Thankfully the NRA has been a lightning rod for such claims.

For those who are not NRA members do you really think you personally have the clout to sway congress and hold off an organized attempt by the Brady bunch and others? Can you come up with enough money to buy air time to counter the false claims of George Sorios and his billions?

If not YOU NEED TO BE A MEMBER OF THE NRA!


15 posted on 09/21/2007 2:20:21 PM PDT by Ruy Dias de Bivar (("democrat" 'one who panders to the crude and mindless whims of the masses.'))
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To: Ruy Dias de Bivar

Life member here!


16 posted on 09/21/2007 4:15:19 PM PDT by Stayfree (*************************Get your copy of The Fred Factor by David Gill at Capitol Hill Comedy.com)
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To: FreedomCalls

Sounds like Lexington II.


17 posted on 09/21/2007 4:33:45 PM PDT by nonsporting
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If I was more unstable and more prone to emotional breakdown, I’d probably be tearing right now. But still, this is absolutely atrocious.


18 posted on 09/21/2007 6:27:01 PM PDT by wastedyears (George Orwell was a clairvoyant.)
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To: Ruy Dias de Bivar
YOU NEED TO BE A MEMBER OF THE NRA!

Mash here! 

19 posted on 09/21/2007 6:44:32 PM PDT by Redcloak (The 2nd Amendment isn't about sporting goods.)
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To: harpseal; TexasCowboy; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ...
Click the Gadsden flag for pro-gun resources!
20 posted on 09/22/2007 6:01:47 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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