PRINTZ V. UNITED STATES
521 U.S. 898 (1997)
NATURE OF THE CASE: This was a dispute over the interim provisions of the Brady Act. This
was an appeal after the circuit court of appeals ruled that the Brady Act was
constitutional.
FACTS: The Brady Act was passed and it required a national background test be established
before anyone could buy a handgun. The Act also required chief law enforcement officers
(CLEO) to perform background checks until the national system could be established. Ps
objected on the grounds that they were being pressed into federal service. Printz (Ps) filed
separate actions challenging the constitutionality of the Brady Act's interim provisions.
The District Court held that the provision requiring CLEOs to perform background checks was
unconstitutional, but concluded that that provision was severable from the remainder of the
Act, effectively leaving a voluntary background check system in place. A divided panel of
the Court of Appeals for the Ninth Circuit reversed, finding none of the Brady Act's interim
provisions to be unconstitutional.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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