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Date: Thu, 4 Aug 1994 23:44:37 -0400
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From: alerts@gatekeeper.nra.org (NRA Alerts)
To: firearms-alert@shell.portal.com
Subject: ALERT: Federal Judge in Vermont Ruled Backround Check Unconstitutional
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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.

