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Constitutional Law Keyed to Farber
Printz v. United States
Citation:
521 U.S. 898 (1997)Facts
The Gun Control Act of 1968 (GCA) prohibits firearms dealers from transferring handguns to any person under 21, to anyone not resident in the dealer’s state, to convicted felons, and to certain others. In 1993, the Brady Act amended the GCA to require the Attorney General to establish a national instant background check system by November 30, 1998 and immediately put in place certain interim provisions until that system becomes operative. The Act directed state law enforcement officers to participate in the administration of a federally enacted regulatory scheme. Regulated firearm dealers are required to forward Brady Forms not to a federal officer but to the CLEOs, whose obligations to accept those forms is implicit in the duty imposed upon them to make reasonable efforts to determine whether the sales reflected in the forms are lawful. Three chief law enforcement officers (CLEOs) challenged the statute, claiming that congressional action compelling state officers to execute federal laws is unconstitutional.
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