From firearms-alert-owner Thu Aug 4 20:46:24 1994 Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id UAA20732 for firearms-alert-outgoing; Thu, 4 Aug 1994 20:44:43 -0700 Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id UAA20726 for ; Thu, 4 Aug 1994 20:44:41 -0700 Received: from gatekeeper.nra.org (gatekeeper.NRA.Org [192.156.97.62]) by nova.unix.portal.com (8.6.7/8.6.4) with SMTP id UAA05747 for ; Thu, 4 Aug 1994 20:44:40 -0700 Received: by gatekeeper.nra.org (5.65/DEC-Ultrix/4.3) id AA19728; Thu, 4 Aug 1994 23:44:37 -0400 Date: Thu, 4 Aug 1994 23:44:37 -0400 Message-Id: <9408050344.AA19728@gatekeeper.nra.org> Reply-To: alerts@gatekeeper.nra.org Originator: rkba-alert@nra.org From: alerts@gatekeeper.nra.org (NRA Alerts) To: firearms-alert@shell.portal.com Subject: ALERT: Federal Judge in Vermont Ruled Backround Check Unconstitutional X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas X-Comment: NRA Alerts list Sender: firearms-alert-owner@shell.portal.com Precedence: bulk Status: RO August 4, 1994 A federal judge in Vermont has ruled that the background check part of the Brady Act is unconstitutional and that Vermont law enforcement officers are not bound to perform the checks. The background check was ruled unconstitutional on the basis of 10th Amendment grounds and therefore a violation of states rights. The decision was the result of a case brought by Orange County Sheriff Samuel Frank and supported by NRA and NRA's Institute for Legislative Action. Frank argued that his office did not have the resources to conduct proper checks on handgun purchasers. Frank has said that as a result of the ruling he was not going to continue to do the background checks. Top Vermont (political) law enforcement officials were quick to state that this ruling would not change how the Brady Act was administered though. This decision follows similar decisions in Montana, Arizona and Mississippi. A federal judge in Texas has upheld Brady, and there are still cases pending in Louisiana and Wyoming. The Justice Department is expected to appeal the Mississippi ruling.