U.S. Judge Rules Part of Brady Law Unconstitutional

The Brady law’s requirement that local law enforcement officials run background checks on anyone wanting to buy a firearm is unconstitutional, a federal judge ruled Monday.

But U.S. District Judge Charles C. Lovell left in place the law’s five-day waiting period to purchase a gun.

During the waiting period, local law enforcers are supposed to check to be sure a gun buyer is an adult and doesn’t have a felony record or a drug, alcohol or mental problem that would bar a purchase.

Lovell said the law’s order for local law officers to perform the check commandeers state officials to administer a federal program. That violates the constitutional limits on the federal government’s power over the states, he said.

The ruling is believed to be the first decision handed down in several lawsuits filed nationally as part of a National Rifle Assn. effort to overturn the law, which Congress passed Nov. 30. It took effect Feb. 28.

Larry Elison, professor at the University of Montana, said the ruling does not necessarily apply outside Montana. Federal courts in other states could reach different conclusions, leading to a U.S. Supreme Court case, he said.