Shirking responsibility
June 19, 1996
Iowa State Daily Editorial Board: Tim Davis, Jamey Hansen, Tim Frerking, Chris Mende and Keesia Wirt.
Recently, sheriffs from Montana (which doesn’t surprise us) and Arizona have challenged whether or not they have to enforce the Brady Law.
The Brady Law, which took effect in 1994, requires local authorities to make a “reasonable” effort to find out if a prospective handgun buyer has a felony record, a history of mental illness or illegal drug use, or other problems.
The sheriffs have won rulings in their favor that stated the federal government could not require local officials to do the background checks. The 9th U.S. Circuit Court of Appeals reversed that decision by comparing it to the minor duties to “report missing children or traffic fatalities.”
The Brady Law also requires the federal government to create a national system for instant background checks by 1998.
Monday, the Supreme Court agreed to hear the case which will determine if Congress can make local law enforcement agencies check the backgrounds of gun buyers.
We agree that the local authorities should not be required to enforce a federal law. Enforcing federal laws is, of course, the responsibility of the executive branch of the federal government. But by the same token, the local authorities do have the ability to enforce federal laws if they choose.
We cannot see why those sheriff’s departments who brought the case to court would not want to enforce the Brady Law since it is in their best interest to “protect and serve” the citizens of the United States.
Although they should not be required to enforce the law, they should want to do so. If the people who shouldn’t have handguns do not have them, it makes their job easier and keeps the people they are protecting safer.
It is in our opinion that these sheriff’s brought the case to court not because they don’t want to enforce federal law, but because they want to use the courts as a soap box to speak against the Brady Law.
It would not have been that difficult for the law enforcement agencies to continue to do background checks until 1998 when the new federal system will be in place to relieve the sheriffs of their minor burden.