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HomeMy WebLinkAboutIR 7812 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7812 �,. GHpRTEgFO a��arw To the Mayor and Members of the City Council March 29, 1994 � g°g �;,axp5 Subject: HANDGUN VIOLENCE PREVENTION ACT OF 1994 (THE BRADY 1879 BILL) What is the Brady Bill? The Brady Bill is the popular name for the Handgun Violence Prevention Act of 1994 , and it mandates a criminal background check for all persons attempting to purchase a handgun from a licensed firearms dealer. These background checks are to be conducted by local law enforcement agencies until a national, on-line computer background check system is implemented by the federal government. once that system is functional, the background checks will be conducted at the point of sale. Who does the Brady Bill apply to? All potential buyers (except law enforcement personnel) purchasing a handgun from a weapons dealer licensed by the federal government must have their backgrounds checked. Law enforcement personnel are exempted from the background checks if their commanding officer certifies that the handgun purchase is for duty purposes. The Brady Bill does not apply to sales made by unlicensed persons. For example, if an individual ran an ad in their local newspaper offering to sell their own handgun, the subsequent sale would not require a Brady Bill background check. What does the background check consist of? Local law enforcement must check all records that pertain to the Brady Bill that are readily available in order to determine if the handgun buyer should be rejected. These records include criminal history checks, warrant checks, mental health information, and indictment information. What disqualifies a handgun buyer according to the Brady Bill? A handgun application may be rejected if the law enforcement agency conducting the background check has reason to believe that the buyer: - is under indictment for or convicted of a felony - is a fugitive from justice - is an unlawful user of or addicted to controlled substances - has been adjudicated a mental defective or committed to a mental institution - is an illegal alien - has a dishonorable discharge or - has renounced U. S. citizenship. What weapons does the Brady Bill apply to? The Brady Bill, formerly known as the Handgun Violence Prevention P! Act, regulates the. sale and purchase of handguns. A handgun is described as (a) a firearm which has a short stock and is designed to be held and fired by the use of a single hand and (b) any ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7812 March 29, 1994 To the Mayor and Members of the City Council N A Page 2 of 3 Subject: HANDGUN VIOLENCE PREVENTION ACT OF 1994 (THE BRADY 1873 BILL) combination of parts from which a firearm described by (a) can be assembled. How will the City of Fort Worth comply with the Brady Bill? The Fort Worth Police Department will accept handgun applications from various gun dealers if the prospective buyers are Fort Worth residents. These applications will be accepted in person, or by fax. The police department has a fax machine dedicated for this purpose only. After receiving the application, the police department will conduct a background check of the applicant to include: A criminal history check of local records, state records, and the records of the 27 states that currently make their records available to the National Crime Information Computer Outstanding warrants check Current indictment information Mental health records check POP` If an applicant is rejected for any reason, the police department will immediately notify the concerned firearms dealer by phone, fax, and in writing. If an applicant is not rejected, the police department will not notify the affected firearms dealer. At the end of the five day waiting period, the dealer may then sell the handgun to the applicant. Costs of Implementing So far, the police department has purchased several items of hardware necessary to comply with the Brady Bill . Funds for these purchases have come from existing resources within the Administrative Services Bureau. Most of the purchases so far, which have totaled $6, 328. 00, have been for equipment necessary to conduct criminal history checks through the Department of Public Safety. These items have included the necessary monitors, controllers, modem, printer, and fax machine. The police department estimates that they may have as many as 22, 000 to 35 , 000 Brady Bill background checks to conduct in an average year. At this time, the police department is attempting to handle all background checks with existing personnel until the exact personnel and equipment needs to accomplish the background checks are determined. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7812 itn G,�AHTEgF� � I,ITJiNK To the Mayor and Members of the City Council March 29, 1994 °a 41 °e Page 3 of 3 axe Subject: HANDGUN VIOLENCE PREVENTION ACT OF 1994 (THE BRADY rays BILL) Can the City of Fort Worth charge for the Brady Bill background checks? The Brady Bill does not contain any authority for jurisdictions to charge a fee for the background checks they conduct. However, the Brady Bill does not contain any prohibition against charging a fee. The police department has requested that the legal department review the Brady Bill to determine the feasibility of charging a fee for the background checks. If additional information is desired please contact Assistant City Manager Libby Watson at 871-6140. Bo I ell G City Manager ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS