Quote:
Originally Posted by Jim in CT
"However, the Washington Post reported that the NRA fought the Brady Handgun Violence Prevention Act, which mandated federal background checks on firearm purchasers, suing the federal government once the National Instant Criminal Background Check System (NICS) was up and running. The NRA had argued that the entire law, including the NICS provision, be struck down as unconstitutional, the report said. "
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maybe read a little more...guess you have to wonder about the supreme court too
The NRA argued that
the Brady Act was unconstitutional because its provisions requiring local law enforcement officers to conduct background checks was a violation of the 10th Amendment to the Constitution.
In its 1997 decision in the case,
the Supreme Court ruled that the provision of the Brady Act that compelled state and local law enforcement officials to perform the background checks was unconstitutional on 10th amendment grounds. The Court determined that this provision violated both the concept of federalism and that of the unitary executive.