A Look at Brady Disqualifications

With all of the mass shootings in and around the world, the news consistently raises the question of whether or not the alleged accomplice should or should not have had access to weapons prior to committing the crime. More often than not, many of the people that commit horrible crimes also have been limited access to weapons through a conviction and/or through a court order somewhere in their past — yet, sometimes that isn’t the case. Obviously, and regardless of being denied access to firearms, that doesn’t stop many of these suspects from finding or using weapons to commit crime. Yet, gun control is not the basis of this blog, that’s an argument for another day.

What many people don’t realize, however, is that it is quite easy for an individual to be precluded from owning, possessing, carrying, or purchasing a firearm — be it at the state or federal level. Many people that call our offices at Banks & Brower, LLC, have been denied concealed carry permits and they don’t know why. Usually, we discover it’s because of a domestic violence offense and/or a protective order they had long forgotten about precluding them from having guns. There are hundreds of other reasons why that might be the case, but this blog is going to focus on Brady Disqualifications, specifically.

What does it mean to be Brady Disqualified?

Brady Disqualification stems from a man named James Brady who was an assistant to Ronald Reagan and Reagan’s Press Secretary. Brady was shot on March 30, 1981, by John Hinckley, Jr., during an attempted assassination of Ronald Reagan as he and James Brady were walking between the Washington Hilton Hotel to the President’s motorcade. While Reagan fully recovered, Brady was shot in left eye and had long lasting injuries including speech that was slurred and partial paralysis. Brady was confined to a wheelchair for most of his life as a result.

As a direct result of his injuries, Brady and his wife spent the rest of his life fighting for gun control, whereby he sought tight restrictions on handguns and assault weapons. Ultimately, Brady was able to help facilitate the passing of the Brady Handgun Violence Prevention Act, or “Brady Bill.” The Brady Bill changed the political landscape by requiring full background checks on individuals purchasing firearms from federally licensed importers, manufacturers, and dealers. This is often referred to as an FBI based NICS check, or National Instant Criminal Background Check System.
The Brady Bill laid out specific exclusions to the rights to own, possess, carry, and purchase firearms. They restrictions apply to people or persons that: (1) have been convicted of a crime punishable by a term over one year, (2) are a fugitive from the law, (3) is an unlawful substance abuser, (4) has been adjudicated as having a mental defect or been committed to a mental institution, (5) is an illegal alien in the US, (6) has been dishonorably discharged, (7) has renounced citizenship, (8) is precluded by court order from having a firearm due to harassing, stalking, or threatening an “intimate parter or child of such partner,” and/or (8) has a conviction in any court for domestic violence — be it misdemeanor or felony.

Indiana mirrors federal law in it’s Civil Protective Order Act. In Indiana, in order for you to be Brady Disqualified under any of the items above, there must have been a court order and hearing specifically stating the qualifying event leading to a Brady Disqualification. Typically, and most often times the case, Brady Disqualifications stem from domestic related convictions or domestic orders in Indiana. Click here for a good PowerPoint on the subject.

Once a court orders you to be Brady Disqualified, it takes a court action to undo it. And, more often than not, that’s not an easy endeavor. If you or a loved one have been Brady Disqualified from owning, possessing, carrying, or purchasing a firearm, give the experienced Indianapolis domestic violence Attorneys & Handgun Attorneys a call today at 317.870.0019 or email us at info@banksbrower.com. We are available 24/7/365.