BETTY ANN BOWSER: In 1981, when a lone gunman attempted to assassinate President Ronald Reagan, his press secretary, James Brady, was also seriously wounded. The fallout from that shooting and from several other widely publicized shooting incidents brought calls for federal legislation that would require criminal background checks on people who want to buy handguns. After much legislative controversy, a bill named after Brady was signed into law in November of 1993. PRESIDENT CLINTON: It will be step one in taking our streets back, taking our children back, reclaiming our families, and our future.

BETTY ANN BOWSER: Under the Brady Bill, states could refuse to sell handguns to anyone indicted or convicted of a felony, and to those who had ever had a restraining order placed against them. The work of checking those backgrounds was given to state and local chief law enforcement officers. They were required to review the forms within five days, destroy applications of those declared eligible, and inform in writing those who were denied. But at the Graham County Sheriff’s Department in Arizona, Sheriff Richard Mack said he was too busy to do those jobs.

SHERIFF RICHARD MACK, Graham County, Arizona: We have gun problems here, gang problems here. Am I supposed to know those problems so I can check a criminal background check on someone who’s never committed a wrong in their life? Can’t do it.

BETTY ANN BOWSER: Sheriff Mack organized a gun rally to raise money to sue the federal government. He said the requirements were an infringement on states’ rights, a violation of the 10th Amendment, which reserves to the states those powers not specifically given to the federal government in the Constitution.

SHERIFF RICHARD MACK: We cannot allow our constitutional rights to be trampled on like our federal government seems to be trampling on them.