38:
680:
251:
766:, intended to avoid the NICS, and may have also violated Delaware firearms purchase laws. No charges were ever filed against Sarah Brady, however. A firearm purchased as a gift is not considered a straw purchase under U.S. federal law if the recipient may legally possess it. Critics pointed out, however, that private firearm transfers like the one made by Sarah Brady are a common concern of gun control advocates (although exemptions for family members have been allowed in past legislation to regulate such sales).
662:(c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.
453:
878:
and convicted felons. The Brady Act's apparent effect in reducing gun suicides is encouraging, and implies that lives were probably saved as a result of the waiting period that was required during the first four years of the legislation. But effective action to reduce gun crime may require extending the regulatory umbrella to include the secondary market." Despite allegations that firearm-related homicides did not greatly decrease by 2000, nationwide data collected by the
873:) found that the implementation of the Brady Act was associated with "reductions in the firearm suicide rate for persons aged 55 years or older." While the same study was unable to conclusively demonstrate the Brady Act had an effect on other gun-related deaths, later studies found waiting periods for handguns significantly reduce overall gun deaths. Georgetown University professor Jens Ludwig and Duke University professor Philip J. Cook, who conducted the
721:
constituted a felony offense. Additionally, Hinckley had been arrested four days earlier at the
Metropolitan Airport in Nashville, Tennessee, when he attempted to board an American Airlines flight for New York with three handguns and some loose ammunition in his carry-on bag. That same day, President Jimmy Carter was in Nashville and scheduled to travel to New York. Finally, Hinckley had been under psychiatric care prior to his gun purchase.
672:
685:
684:
681:
686:
683:
731:(HCI) in 1985 and became its chair in 1989. Two years later, she became Chair of the center to Prevent Handgun Violence, HCI's 501(c)(3) sister organization. In 2001, the organizations were renamed the Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence in honor of James and Sarah.
877:
study, praised the law. However, they also pointed out that it did not regulate a "secondary market" which involved acquiring guns from non-dealers, stating that "Our own view is that the Brady Act was a useful—but modest—first step, reducing the availability of guns to high-risk groups such as teens
774:
Though dissenting opinions assert that legislation to limit the prevalence of gun violence is needed, opponents of the Act argue it will have limited impact on the nation's issue with violent crime because its provisions do little to stop guns from being obtained illegally, and only deal with firearm
626:
Section 922(n) of title 18, United States Code makes it unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport any firearm in interstate or foreign commerce, or receive any firearm which has been shipped or transported
794:
The NRA then funded lawsuits in
Arizona, Louisiana, Mississippi, Montana, New Mexico, North Carolina, Texas, Vermont and Wyoming that sought to strike down the Brady Act as unconstitutional. These cases wound their way through the courts, eventually leading the U.S. Supreme Court to review the Brady
882:
showed otherwise, with firearm related homicides dropping from 17,527 in 1994 to 10,801 in 2000. However, other factors played a role as well, as non-gun-related violence declined throughout the period. Researchers continue to debate how much of the decline in violent crime can be attributed to the
855:
From the inception of the NICS system in 1998 through 2014, more than 202 million Brady background checks have been conducted. During this period approximately 1.2 million attempted firearm purchases were blocked by the Brady background check system, or about 0.6 percent. The most common reason for
746:
On
February 4, 1987, the Brady Act was introduced in the U.S. Congress for the first time. Sarah Brady and HCI made the passage of the Brady bill, as it was commonly called, their top legislative priority. In a March 1991 editorial, President Reagan opined that the Brady Act would provide a crucial
551:
On
February 4, 1987, two Ohio Democrats, Representative Edward F. Feighan and Senator Howard M. Metzenbaum, introduced the Brady Bill for the first time in the 100th Congress. In its original form, the Bill mandated a seven-day waiting period between the time a person applied for a handgun and the
754:
James and Sarah Brady were guests of honor when
President Bill Clinton signed the Brady Act into law on November 30, 1993. President Clinton has stated, "If it hadn't been for them, we would not have passed the Brady Law." In December 2000, the Boards of Trustees for HCI and the center to Prevent
588:
In
Section 922(g) of title 18, United States Code the Brady Bill prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or
831:
grounds. The Court determined that this provision violated both the concept of federalism and that of the unitary executive. However, the overall Brady statute was upheld and state and local law enforcement officials remained free to conduct background checks if they so chose. The vast majority
630:
After a prospective buyer completes the appropriate form, the holder of a
Federal Firearms License (FFL) initiates the background check by phone or computer. Most checks are determined within minutes. If a determination is not obtained within three business days then the transfer may legally be
638:
The Brady Bill also does not apply to licensed Curios & Relics (C&R) collectors, but only in respect to C&R firearms. The FFL Category 03 Curio & Relic license costs $ 30 and is valid for three years. Licensed C&R collectors may also purchase C&R firearms from private
575:
The Brady Bill requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer—unless an exception applies. If there are no additional state restrictions, a firearm may be transferred to an individual upon
735:
The Brady bill would require the handgun dealer to provide a copy of the prospective purchaser's sworn statement to local law enforcement authorities so that background checks could be made. Based upon the evidence in states that already have handgun purchase waiting periods, this bill—on a
720:
revolver used in the shooting at a Dallas, Texas, pawn shop on
October 13, 1980. In a purchase application that he filled out before taking possession of the revolver, he provided a false home address on the form and showed an old Texas driver's license as "proof" that he lived there. This
552:
time the sale could be completed. The Bill was approved as an amendment to the
Omnibus Drug Initiative Act by the House Judiciary Committee on a voice vote in June of the following year. However, on September 15, 1988, the Brady Bill was defeated in the House by a vote of 228-182.
859:
Prosecution and conviction of violators of the Brady Act, however, is extremely rare. During the first 17 months of the Act, only seven individuals were convicted. In the first year of the Act, 250 cases were referred for prosecution and 217 of them were rejected.
791:, the NRA was able to win an important concession: the final version of the legislation provided that, in 1998, the five-day waiting period for handgun sales would be replaced by an instant computerized background check that involved no waiting periods.
682:
1398:
Implementation of the Brady
Handgun Violence Prevention Act," Report to the Committee on the Judiciary, U.S. Senate, and the Committee on the Judiciary, U.S. House of Representatives, GAO/GGD-96-22 Gun Control, January 1996, pp. 8,
755:
Handgun Violence voted to honor James and Sarah Brady's hard work and commitment to gun control by renaming the two organizations the Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence.
648:
as "Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." The regulation further states:
48:
An Act to provide for a waiting period before the purchase of a handgun, and for the establishment of a national instant criminal background check system to be contacted by firearms dealers before the transfer of any
584:
permit usually includes a background check equivalent to the one required by the Act. Other alternatives to the NICS check include state-issued handgun purchase permits or mandatory state or local background checks.
634:
Firearm transfers by unlicensed private sellers that are "not engaged in the business" of dealing firearms are not subject to the Brady Act, but may be covered under other federal, state, and local restrictions.
562:
On February 22, 1993, the bill was reintroduced for the final time by Rep. Schumer leading to the final version being passed in the 103rd Congress on November 11, 1993. It was signed into law by President
639:
individuals or from federal firearms dealers, whether in their home state or in another state, and ship C&R firearms in interstate commerce by common carrier. Curios or relics are defined in
540:. The act was appended to the end of Section 922 of title 18, United States Code. The intention of the act was to prevent persons with previous serious convictions from purchasing firearms.
823:
In its 1997 decision in the case, the Supreme Court ruled that the provision of the Brady Act that compelled state and local law enforcement officials to perform the background checks was
312:
1223:
808:, the NRA argued that the Brady Act was unconstitutional because its provisions requiring local law enforcement officers to conduct background checks was a violation of the
724:
According to Sarah Brady, had a background check been conducted on Hinckley, it could have detected some, or all, of this important criminal and mental health history.
659:(b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; or
217:
844:
1625:
1409:
Ludwig, Jens; Cook, Philip J. (August 2, 2000). "Homicide and Suicide Rates Associated With Implementation of the Brady Handgun Violence Prevention Act".
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Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner;
580:(NICS) maintained by the FBI. In some states, proof of a previous background check can be used to bypass the NICS check. For example, a state-issued
577:
529:
392:
787:(NRA) mobilized to defeat the legislation, spending millions of dollars in the process. While the bill eventually did pass in both chambers of the
414:
275:
843:. That is, although a firearms dealer may obtain electronic information that an individual is excluded from firearms purchases, the FBI and the
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came online, although many states continue to mandate state run background checks before a gun dealer may transfer a firearm to a buyer.
641:
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Various iterations of the Brady Bill were discussed and rejected by Congress between 1987 and 1993, when it finally became law.
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Sarah Brady, James's wife, became active in the gun control movement a few years after the shooting. She joined the Board of
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656:(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
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continued to do so. In 1998, background checks for firearm purchases became mostly a federally run activity when
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was press secretary to President Ronald Reagan when both he and the president, along with Secret Service agent
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on firearm purchasers in the United States. It also imposed a five-day waiting period on purchases until the
347:
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820:, 521 U.S. 898, 1997). Based on these grounds, the NRA told the Court "the whole Statute must be voided."
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713:. Brady was shot in the head and suffered a serious wound that left him partially paralyzed for life.
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847:(ATF) do not receive electronic information in return to indicate what firearms are being purchased.
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Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
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337:
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966:. United States Bureau of Alcohol, Tobacco, Firearms and Explosives. May 20, 1998. Archived from
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To be recognized as curios or relics, firearms must fall within one of the following categories:
555:
In March 1991, the Bill was introduced again into the House of Representatives by Representative
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212:
1246:"Comparison of Federal Law, 2000 Colorado and Oregon Initiatives, and Current Federal Proposals"
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537:
467:
125:
728:
581:
399:
221:
927:
Aborn, R. M. (1994). The battle over the brady bill and the future of gun control advocacy.
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Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
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Background checks for firearms purchases operate in only one direction because of the
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rifle in Delaware for her son. Gun rights groups claimed that this action was a
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Has been convicted in any court of a misdemeanor crime of domestic violence, or;
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Has been adjudicated as a mental defective or committed to a mental institution;
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nationwide scale—can't help but stop thousands of illegal handgun purchases.
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Having been a citizen of the United States, has renounced U.S. citizenship;
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536:
of New York, the Brady Act was a landmark legislative enactment during the
424:
184:
694:
567:
on November 30, 1993, and the law went into effect on February 28, 1994.
404:
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of the National Rifle Association of America in Support of Petitioners,
609:
Has been discharged from the Armed Forces under dishonorable conditions;
1277:
285:
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Dissenting views and complaints from the National Rifle Association
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and "can't help but stop thousands of illegal handgun purchases."
532:(NICS) was implemented in 1998. Introduced by U.S. representative
589:
affecting commerce. These prohibitions apply to any person who:
1611:
1444:
Luca, Michael; Malhotra, Deepak; Poliquin, Christopher (2017).
942:"Federal Register, Volume 62 Issue 124 (Friday, June 27, 1997)"
600:
Is an unlawful user of or addicted to any controlled substance;
27:
Mandate for background checks on firearm purchasers in the U.S.
1166:"Brady Campaign to Prevent Gun Violence : Sarah Brady"
508:
1536, enacted November 30, 1993), often referred to as the
1514:
783:
After the Brady Act was originally proposed in 1987, the
747:"enforcement mechanism" to end the "honor system" of the
606:
Is an alien illegally or unlawfully in the United States;
758:
In 2000, controversy arose when Sarah Brady purchased a
1224:"BRADY SHADY ON GUN RULES Control backer got son rifle"
1190:
1033:
1617:
Printz v. United States (95–1478), 521 U.S. 898 (1997)
1443:
1014:
845:
Bureau of Alcohol, Tobacco, Firearms, and Explosives
990:"Brady Campaign to Prevent Gun Violence: Jim Brady"
1304:
1093:Under Fire: The NRA and the Battle for Gun Control
1089:
578:National Instant Criminal Background Check System
530:National Instant Criminal Background Check System
1639:
177:on November 24, 1993 (passed by voice vote)
1450:Proceedings of the National Academy of Sciences
173:on November 23, 1993 (238–187) and by the
139:in the House of Representatives as H.R.1025 by
1355:https://www.law.cornell.edu/uscode/text/18/926
1333:"Brady Background Checks To Resume Nationwide"
1402:
778:
475:
1542:"Homicide trends in the U.S. – Weapons used"
1311:(3rd ed.). Washington, D.C.: CQ Press.
883:Brady Act or other gun control legislation.
1446:"Handgun waiting periods reduce gun deaths"
866:Journal of the American Medical Association
1668:United States federal firearms legislation
1663:United States federal criminal legislation
1408:
1376:
1374:
1144:"President Clinton on Jim and Sarah Brady"
482:
468:
167:Reported by the joint conference committee
1479:
1469:
1191:Brady, Sarah; Merrill McLoughlin (2002).
1034:Brady, Sarah; Merrill McLoughlin (2002).
1015:Bob Rivard; Steve Gunn (March 31, 1981).
856:denials are previous felony convictions.
716:John Hinckley Jr. bought the .22 caliber
705:, were shot on March 30, 1981, during an
171:agreed to by the House of Representatives
1658:Acts of the 103rd United States Congress
701:and District of Columbia police officer
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670:
666:
1515:Office of Justice Programs (May 2013).
1371:
1302:
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1059:
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741:President Ronald Reagan, March 31, 1991
415:Right to keep and bear arms in the U.S.
388:International treaties for arms control
14:
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1634:from the U.S. House of Representatives
1221:
1118:President Clinton Signs The Brady Bill
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543:
383:History of concealed carry in the U.S.
1594:Brady Handgun Violence Prevention Act
1574:Brady Handgun Violence Prevention Act
923:
921:
919:
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496:Brady Handgun Violence Prevention Act
298:Brady Handgun Violence Prevention Act
31:Brady Handgun Violence Prevention Act
1222:Burger, Timothy J (March 22, 2002).
1054:
1168:. Bradycampaign.org. Archived from
992:. Bradycampaign.org. Archived from
627:in interstate or foreign commerce.
559:, but was never brought to a vote.
157:on November 10, 1993 (238–189)
155:Passed the House of Representatives
24:
1605:as reported in the House from the
1503:Has The Brady Act Been Successful?
1256:
914:
810:10th Amendment to the Constitution
323:Domestic Violence Offender Gun Ban
25:
1679:
1567:
1064:Reagan, Ronald (March 29, 1991).
903:Gun politics in the United States
522:Act of the United States Congress
358:Gun-Free School Zones Act (GFSZA)
313:Connecticut Children's Safety Act
163:on November 20, 1993 (63-36)
451:
281:Bipartisan Safer Communities Act
249:
36:
1607:U.S. Government Printing Office
1589:Statute Compilations collection
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1392:
1360:
1347:
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775:sales from registered dealers.
1367:Month/Year NICS Firearm Checks
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1027:
1008:
982:
956:
934:
395:Background Check System (NICS)
13:
1:
1517:"Firearm Violence, 1993-2011"
908:
850:
841:Firearm Owners Protection Act
570:
368:Gun laws in the U.S. by state
348:Firearm Owners Protection Act
293:Firearms and Explosives (ATF)
1653:103rd United States Congress
1546:Bureau of Justice Statistics
1522:. U.S. Department of Justice
1096:. University of Iowa Press.
1066:"Why I'm for the Brady Bill"
898:Gun law in the United States
690:Bill Clinton signing the act
333:Federal Firearms Act of 1938
59:103rd United States Congress
7:
1621:Legal Information Institute
1353:Federal Law 18 U.S.C. 926 (
1307:The Politics of Gun Control
1303:Spitzer, Robert J. (2004).
1282:"A Way to Control Handguns"
1197:. Public Affairs. pp.
1090:Osha Gray Davidson (1998).
893:Federal Assault Weapons Ban
886:
597:Is a fugitive from justice;
400:National Firearms Act (NFA)
328:Federal Assault Weapons Ban
308:Concealed carry in the U.S.
291:Bureau of Alcohol, Tobacco,
276:Assault weapons legislation
239:Firearm legal topics of the
196:United States Supreme Court
10:
1684:
1612:The Brady Campaign website
1603:The text of the Brady Bill
944:. Frwebgate.access.gpo.gov
880:U.S. Department of Justice
785:National Rifle Association
779:National Rifle Association
420:Second Amendment sanctuary
378:High-capacity magazine ban
1017:"Dallas Recalls Hinckley"
964:"Firearms: Curios/Relics"
526:federal background checks
393:National Instant Criminal
202:
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104:
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77:
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35:
1146:. YouTube. 30 March 2009
458:United States portal
373:Gun politics in the U.S.
338:Federal Firearms License
303:Campus carry in the U.S.
1471:10.1073/pnas.1619896114
818:Printz v. United States
798:Printz v. United States
442:and Law Enforcement Act
425:Sullivan Act (New York)
353:Gun Control Act of 1968
213:Printz v. United States
1423:10.1001/jama.284.5.585
789:United States Congress
744:
691:
676:
664:
538:Clinton administration
410:Open carry in the U.S.
169:on November 22, 1993;
151:) on February 22, 1993
1505:Accessed June 1, 2022
1386:May 14, 2016, at the
1021:Eugene Register-Guard
733:
729:Handgun Control, Inc.
707:assassination attempt
689:
674:
667:James and Sarah Brady
651:
440:Violent Crime Control
1648:1993 in American law
1628:from the U.S. Senate
1598:US Statutes at Large
1584:) as amended in the
1252:on December 5, 2010.
1234:on December 5, 2008.
1172:on December 19, 2012
863:A 2000 study in the
749:1968 Gun Control Act
318:Constitutional carry
187:on November 30, 1993
1552:on January 23, 2013
1462:2017PNAS..11412162L
1456:(46): 12162–12165.
1228:New York Daily News
795:Act in the case of
675:James Brady in 2006
544:Legislative History
363:Gun law in the U.S.
126:Legislative history
32:
1596:as enacted in the
1280:(April 15, 1987).
1278:Feighan, Edward F.
1070:The New York Times
1040:. Public Affairs.
996:on January 4, 2013
929:Fordham Urb.LJ, 22
760:.30-06 Springfield
692:
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518:Brady Handgun Bill
141:Charles E. Schumer
30:
1318:978-1-56802-905-4
1103:978-1-58729-042-8
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161:Passed the Senate
90:Statutes at Large
68:February 28, 1994
16:(Redirected from
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1292:on May 24, 2015.
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1194:A Good Fight
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1133:Archived at
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100:Codification
974:October 22,
695:James Brady
642:27 CFR
631:completed.
405:NY SAFE Act
286:Bump stocks
227: (1997)
1642:Categories
909:References
851:Since 1998
718:Röhm RG-14
571:Provisions
514:Brady Bill
430:Suppressor
137:Introduced
78:Public law
45:Long title
18:Brady Bill
1075:April 26,
516:, or the
510:Brady Act
73:Citations
65:Effective
1490:29078268
1431:10918704
1384:Archived
1137:and the
887:See also
739:—
49:firearm.
1619:, from
1582:details
1556:June 1,
1526:June 1,
1481:5699026
1458:Bibcode
1199:223–224
1123:YouTube
812:(Brief
119:921–922
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806:Printz
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175:Senate
114:U.S.C.
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506:Stat.
220:
198:cases
1558:2022
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1486:PMID
1427:PMID
1411:JAMA
1341:2012
1313:ISBN
1203:ISBN
1178:2012
1152:2012
1098:ISBN
1077:2010
1042:ISBN
1002:2012
976:2007
950:2012
875:JAMA
871:JAMA
834:NICS
494:The
222:U.S.
206:List
57:the
1586:GPO
1578:PDF
1476:PMC
1466:doi
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1419:doi
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1121:on
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