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Keeping Guns Out of the "Wrong" Hands: The Brady Law and the Limits of Regulation

NCJ Number
162690
Journal
Journal of Criminal Law and Criminology Volume: 86 Issue: 1 Dated: (Fall 1995) Pages: 93-120
Author(s)
J B Jacobs; K A Potter
Date Published
1995
Length
28 pages
Annotation
This analysis of proposals and efforts to regulate gun markets questions whether the Federal regulatory strategy for regulating firearms purchases or possession is likely to be successful, with emphasis on the content and impact of the Brady bill.
Abstract
Although many politicians, the media, and Handgun Control, Inc. have praised the Brady bill as an important step toward keeping handguns out of the hands of dangerous and irresponsible persons, little reason exists to accept the claim that the Brady law is preventing 40,000 dangerous and irresponsible persons per year from obtaining handguns. It is likely that more regulation will be demanded. However, the proposal to bring the secondary market under the Brady bill offers little reason for optimism, because it would be complex, expensive, and ineffective. Many types of evasion would still be simple. Therefore, it might make sense to give up the idea that some system of regulation can prevent criminals from obtaining handguns and to put our energy and resources into holding the line on carry permits, actively enforcing the criminal law against carrying firearms without a license, and ensuring severe sentences for gun offenders. Footnotes

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