Jay Printz, Sheriff/coroner, Ravalli County, Montana v. United States (521 U.S. 898)
U.S. Supreme Court · decided June 27, 1997 · Supreme Court Database (Spaeth)
- Citation
- 521 U.S. 898 · 117 S. Ct. 2365
- Decided
- June 27, 1997
- Term
- October Term 1996
- Vote
- 5–4
- Majority author
- Justice Scalia
- Issue area
- Federalism
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice Sc alia delivered the opinion of the Court. The question presented in these cases is whether certain interim provisions of the Brady Handgun Violence Prevention Act, Pub. L. 103-159, 107 Stat. 1536, commanding state and local law enforcement officers to conduct background checks on prospective handgun purchasers and to perform certain related tasks, violate the Constitution. I The Gun Control Act of 1968 (GCA), 18 U. S. C. § 921 et seq., establishes a detailed federal scheme governing the distribution of firearms. It prohibits firearms dealers from transferring handguns to any person under 21, not resident in the dealer’s State, or prohibited by state or local law from purchasing or possessing firearms, § 922(b). It also forbids possession of a firearm by, and transfer of a firearm to, convicted felons, fugitives from justice, unlawful users of controlled substances, persons adjudicated as mentally defective or committed to mental institutions, aliens unlawfully present in the United States, persons dishonorably discharged from the Armed Forces, persons who have renounced their citizenship, and persons who have been subjected to certain restraining orders or been convicted of a misdemeanor offense involving domestic violence. §§ 922(d) and (g). In 1993, Congress amended the GCA by enacting the Brady Act. The Act requires the Attorney General to establish a national…
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