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Brady Handgun Violence Prevention Act and the Birth of NICS

Last reviewed: 2026-08-28Topic: History of U.S. Gun Laws
Quick answer

The Brady Handgun Violence Prevention Act was enacted in 1993, created an interim handgun waiting-period system and required establishment of the National Instant Criminal Background Check System, which became operational in 1998.

The Brady Act changed firearm purchasing by adding a systematic federal background-check mechanism for transfers by federally licensed dealers.

Why it matters: The Brady Handgun Violence Prevention Act was enacted in 1993, created an interim handgun waiting-period system and required establishment of the National Instant Criminal Background Check System, which became operational in 1998.

The interim five-day waiting period began in 1994

ATF explains that the interim Brady provisions used a five-day waiting period in states without qualifying alternative background-check systems.

The permanent system was NICS

The law directed creation of a national instant background-check system. The interim provisions ended when NICS became operational on November 30, 1998.

Permanent Brady rules apply beyond handguns

ATF notes that while the interim waiting-period provision applied to handguns, the permanent background-check provisions apply to firearms transferred by FFLs, subject to legal exceptions.

Felony records became part of a transaction-screening system

NICS connected prohibited-person law with real-time purchase screening, making criminal-history accuracy and restoration records increasingly important.

Where this fits in the larger timeline

This event is part of the History of Gun Laws in America series. Federal firearm law developed incrementally through constitutional amendments, taxation and commerce statutes, criminal prohibitions, background-check legislation and modern Second Amendment decisions.

Frequently asked questions

When was the Brady Act passed?

November 30, 1993.

When did NICS start?

NICS became operational on November 30, 1998.

Did the Brady Act create a permanent five-day waiting period?

No. The five-day rule was an interim measure that ended when NICS began.

Why does NICS matter for felons?

NICS checks records relevant to federal prohibited-person categories before many dealer transfers.

Sources and legal references