§ 2-7. Administrative fee established for record check in compliance with Brady Act.

(a)

Definitions.

(1)

"The Brady Handgun Violence Prevention Act:" 27 CFR Part 178, Public Law 103-159; Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms; effective February 28, 1994.

(2)

"C.L.E.O.:" The law defines the term "Chief Law Enforcement Officer" to mean "The Chief of Police, the Sheriff or an equivalent officer, or his designee of any such individual."

(3)

"Administrative cost:" Cost incurred by the C.L.E.O. in complying with the provisions of the Brady Act.

(4)

"F.F.L.:" Federal firearms licensee.

(b)

Requirements.

The C.L.E.O. is charged by the Brady Act to conduct a check that involves a reasonable effort to determine whether federal, state or local law would prohibit receipt or possession by transferee of a handgun; and

Compliance with the provisions of the Brady Act, mandates the punctual performance of certain administrative duties of the C.L.E.O. upon receipt of an inquiry from a F.F.L. such inquiry and the time constraints imposed upon the C.L.E.O. will result in increased administrative expenses to the C.L.E.O. as a direct result the duties and obligations imposed on the C.L.E.O. by the Brady Act; and

To recoup a portion of the increased costs and expenses which will be experienced by the chief of police of the City of Marshall in his compliance with the provisions of the Brady Act, an administrative fee should be charged and collected for each F.F.L. request made to the C.L.E.O. of the City of Marshall;

The F.F.L. submitting a request to the Marshall Police Department for a record check shall pay an administrative fee of ten dollars ($10.00) for each request submitted.

(Ord. No. O-94-08, Arts. I, II, 3-10-94)

Editor's note

Ord. No. O-94-08, Arts. I, II, adopted Mar. 10, 1994, did not specifically amend the Code; hence, inclusion as § 2-7 was at the discretion of the editor.