In 1993, a law was passed requiring licensed gun dealers to request background checks for gun sales for anyone that attempted to purchase a firearm from them. The reasoning was that the firearms background check would keep more guns out of the hands of criminals, as many criminals are prohibited from possessing a firearm as a condition of their release from prison. This law was named the Brady Handgun Violence Prevention Act and streamlined method of obtaining the Brady Act background check was completed shortly thereafter.

A Brady Act background check reveals whether a person has been prohibited from purchasing or possessing a weapon because of criminal convictions in their past. A waiting period of 5 days between choosing the firearm and taking possession of the firearm was established to allow enough time for the firearms background check to be completed on the purchaser. If the background check determines that the person should not be in possession of a firearm, the licensed gun dealer is prohibited from selling that individual a firearm.

There are a number of items that may appear on a Brady Act background check that will disqualify a person from purchasing a firearm. Prior criminal convictions, dishonorable discharge from the military, and individuals that have warrants out against them are all prohibited from purchasing firearms. Individuals that have severe mental issues, people in the United States unlawfully, and individuals with protection orders out against them are also banned from purchasing a gun in the United States.