Prosecution of Brady Act Violations

WHEREAS, the “Brady Act,” our nationwide mandated background check for firearms, has been law for several years; and WHEREAS, most states have succeeded in updating equipment that makes instant checks possible; and WHEREAS, conservative estimates show that well over a hundred thousand prohibited individuals have been refused when attempting to purchase a firearm; and WHEREAS, the Bureau of Alcohol, Tobacco and Firearms (ATF) reports that their resources allow prosecutions against only the most serious and potentially dangerous violators; and WHEREAS, it is a federal felony with a potential sentence of 10 years in federal prison for a prohibited person who attempts to purchase a firearm; and WHEREAS, many states have existing laws that provide for prosecution of prohibited individuals; and WHEREAS, we believe that prosecuting more of these prohibited individuals for violations of the Gun Control Act and state laws will have an immediate, substantial impact on reducing gun crimes in the United States; now, therefore, be it RESOLVED, that the International Association of Chiefs of Police (IACP) present Congress and appropriate state and local authorities with our recommendations that state and local law enforcement, ATF and the Department of Justice’s (DOJ) resources be increased to enable greater prosecution of individuals violating these statutes; and be it FURTHER RESOLVED, that Congress and appropriate state and local authorities are requested to allocate the funds to enable federal and state courts, state and local law enforcement, ATF and the Department of Justice to carry out this mission within 3 years; and be it FURTHER RESOLVED, that the Governing Body of the IACP present copies of this resolution to all IACP members, ATF and the Department of Justice.