Nevada's new background check law hits snag!

[RVTECH]

Saw this on another forum.

Yesterday Nevada's Attorney General deemed a new Nevada
law passed on November 8 requiring background checks on
private gun sales unenforceable. The law was to have gone into
effect January 1, 2017.

The ballot initiative called "Question 1" required all private
guns sales go through a licensed FFL using the FBI database.
The FBI sent a letter to the Director of Public Safety on Decem-
ber 14th. saying they will not do the background checks.

Because of this, the Attorney General's opinion concludes that
without this central feature, " the Background Check Act can-
not commence".

Nevada is a "point of contact" state that uses a combination of
the federal NICS system and a state central repository. "This
database includes things like mental health records, domestic
violence incidents, misdemeanor criminal records and arrest
reports, as well as restraining orders."

Question 1 was financed by former NY mayor Bloomberg and
Everytown for Gun Safety.

Nevada law also says that ballot initiatives can't be re-written
or re-worded for three years. Our legislature meets every 2
years, with the next session starting next month. So the Dem-
ocrats can't do much for at least the next two legislative sessions to make this law pass legal muster.

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[No_Regerts]

 

[bsa1917hunter]

 

[Larrabee]

Great, now to work on Oregon...

 

[fxdc]

Great, now to work on Oregon...

Yeah what he said.

 

[RVTECH]

The FBI sent a letter to the Director of Public Safety on Decem-
ber 14th. saying they will not do the background checks.

This is a great victory for gun owners in NV but how is it Nevada would have used the FBI database as opposed to say Oregon using the Oregon State Police data base for BGCs as per our SB 941? Apparently the FBI refusing to accomplish the BGCs was a simple 'twist of fate' that killed Question 1 in Nevada.

 

[Ralgha]

The FBI knows it's a completely retarded and unenforceable law, so they're not going to waste their time with it. The Oregon State Police are controlled by the state, so they have to support the completely retarded law here.

 

[RVTECH]

The Oregon State Police are controlled by the state, so they have to support the completely retarded law here.

How did the Nevada Hwy Patrol (which is State) avoid having to do the checks?

 

[Bushman]

I just went to Vegas and like it. Stayed right on the strip. Even looked at a house or two. Starting to look like a good retirement option, at least for now. Idaho is probably better long term but even they will be overcome by population/liberalism eventually...

 

[The Heretic]

The FBI knows it's a completely retarded and unenforceable law, so they're not going to waste their time with it. The Oregon State Police are controlled by the state, so they have to support the completely retarded law here.

I doubt that is why.

Does not WA state use the FBI NIC system?

 

[RVTECH]

Does not WA state use the FBI NIC system?

If so then someone needs to contact the FBI and have them send a similar letter to WA!

 

[The Heretic]

as far as I know, WA state uses NICS for BGCs for dealer transfers - not sure about for private transfers via a dealer.

I thought OR did too - just that the OSP turns around and uses NICS whereas WA state dealers go to NICS directly?

Not sure about the mechanics of this since I am not a dealer

 

[RVTECH]

Yea be interesting to learn about this - regardless some stars fell on Nevada!

 

[The Heretic]

Something is missing here

 

[Quartermaster]

This is a great victory for gun owners in NV but how is it Nevada would have used the FBI database as opposed to say Oregon using the Oregon State Police data base for BGCs as per our SB 941? Apparently the FBI refusing to accomplish the BGCs was a simple 'twist of fate' that killed Question 1 in Nevada.

Oregon State Police sits at a computer and types in each BGC into the FBI's NICS website. Heard it from their supervising officer recently.

 

[The Heretic]

The main reason given by the FBI for why it would not conduct the check is that "the recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied."

In other words, it would require additional staffing or resources at the FBI to handle the work arising from Nevada's expansion of background checks.

Nevada's voter-OK'ed gun background checks blocked

Reading the whole article, it seems that the proponents of the law did not involve the AG or the various state and county LEOs for their cooperation, so they missed this particular snag, or they decided to try to ignore it. Since the law passed by less than one percent, and since this was backed by Bloomberg who had experience with this in WA and OR state - my guess is they tried to sneak it through hoping no one would notice.

If the AG had not done his/her job, they might have succeeded.

 

[Stomper]

 

[Ralgha]

I assume that Nevada's state police have nothing to do with the background checks and the dealers just go straight to the FBI. Now, I doubt that the FBI just said they won't do it out of nowhere, somebody probably got in touch with them, pointed it out, and convinced them it was a waste of resources. Somebody should try it again for Washington, and Oregon too if it's true that OSP is just a middle man and it uses the FBI too.

 

[fxdc]

It sounds as it is in the language of the bill..... should of said NHP will conduct BGC using the FBI database system.

This sound right?

 

[WALawyer]

Something is missing here

I agree, something is off. The FBI just runs NICS and I don't think it cares why a NICS check is run. If a dealer is supposed to run a NICS as part of a private exchange, then I can't imagine why FBI would care about that since all it does is use a system that's already in place. Perhaps the law as passed imposed a further duty on the FBI than that?

Also, WA is a hybrid point of contact state. Handguns are run through local, long guns through FBI.