The Brady Act prohibits the transfer of a firearm to a person who is under indictment for, or has been convicted of a crime punishable by imprisonment for more than one year (a felony); is a fugitive; is an unlawful user of or addicted to a controlled substance; has been adjudicated as a "mental defective" or committed to a mental institution; is an undocumented person or has been admitted to the United States under a nonimmigrant visa; was dishonorably discharged from the United States Armed Forces; has renounced U.S. citizenship; is subject to a restraining order; has been convicted of domestic violence or is under 18 for long guns or 21 for handguns.
Previously, this blog contained an entry regarding the Illinois Auditor General's report regarding the effectiveness of the Illinois Firearms Identification Card registration, http://www.lorilevinlaw.com/2/category/gun%20registration/1.html.
The Bureau of Justice Statistics report reveals similar surprising details. Of the 118 million applications for firearm transfers or permits, BJS found that 2.1 million applications, or 1.8% were denied. The most common reason for denial was a felony conviction or pending indictment.
Other interesting statistics were that in 2010, nearly a quarter of the denials were appealed and more than a third of the appeals resulted in a reversal of the denial.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601