• What were the effects of the various legal challenges to Brady? 3.) To obtain information on how frequently the 5-day waiting period and background checks were resulting in denials, we contacted local law enforcement agencies in several Brady states. Regarding follow-up enforcement actions on convicted felons and others who falsely complete Brady handgun purchase forms, we interviewed DOJ officials and reviewed documents prepared by DOJ officials responsible for establishing law enforcement policy guidance. In following up on reasons for denials, we determined that (1) most of the jurisdictions in our survey relied only on criminal history records and (2) comprehensive data on background check results were not available. The primary objectives of this information system are to (1) identify, describe, and categorize the procedures used to implement Brady; (2) measure results of Brady in terms of the number of applications accepted and denied, the reasons for the denials, and the actions taken as a result of the denials; and (3) create a database to permit analyses of the use of firearms in the commission of crimes. As table 2.2 shows, for handgun purchase applications processed by the respective law enforcement officers within these 20 jurisdictions, we found that the overall denial rate was 4.3 percent. Next, we attempted to determine how many of the felony-related denials involved violent crimes—aggravated assault, murder, rape, and robbery—as defined by the FBI. Of the 7,216 administrative or other denials, 7,012 (97.2 percent) were the result of gun dealers sending handgun purchase applications to the wrong law enforcement agency. Federal Agency Authority to Penalize or Redesignate CLEOs

DOJ’s Office of Legal Counsel has interpreted Brady’s criminal penalty provisions to be inapplicable to state or local law enforcement officers in performance of their duties under the act and that the government, therefore, lacks the authority to prosecute such officers for violations of the act. On the other hand, since no background checks had been conducted in these two jurisdictions there is no assurance that ineligible persons did not purchase handguns from licensed dealers. Conclusions

The effects of the legal challenges to Brady are not entirely clear because the cases are being appealed.
Why GAO Did This Study

GAO reviewed the implementation of the Brady Handgun Violence Prevention Act, focusing on the: (1) extent to which the waiting period and background checks required for handgun purchases have prevented ineligible persons from legally purchasing handguns; (2) extent to which denials have resulted in follow-up enforcement actions against those submitting false purchase information; and (3) effects of various legal challenges to the Brady Act.

What GAO Found

GAO found that: (1) of the law enforcement agencies surveyed, handguns were denied to about 4.3 percent of applicants; (2) application denials varied by jurisdiction because law enforcement officials did not use standardized criteria for their decisions; (3) most denials resulted from misdemeanor warrants or administrative reasons, such as gun dealers, sending applications to the wrong law enforcement agency; (4) in four jurisdictions, 4.9 percent of denials resulted from convictions or indictments for violent crimes, such as aggravated assault, murder, rape, or robbery; (5) most law enforcement officers relied solely on criminal history records in conducting their background checks because no other information sources were available, but some officers routinely checked for mental history disqualifications; (6) the number of Brady Act prosecutions was relatively small due to the low priority of follow-up enforcement actions at the Department of Justice (DOJ); (7) federal officials believe that the Brady Act is achieving its primary goal of preventing felons from legally purchasing handguns; (8) the effects of legal challenges to the Brady Act will not be known until all appeals are decided; and (9) DOJ believes that it lacks the authority to take action against law enforcement officers who do not conduct background checks.