Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Nevada Attorney General Says Question One Background Check Law ‘Unenforceable’

Wednesday, December 28, 2016

Nevada Attorney General Says Question One Background Check Law ‘Unenforceable’

Today Nevada Attorney General Adam Laxalt issued an opinion on Nevada’s new “universal” background check law, saying the initiative, as written, is “unenforceable.”

This is what happens when you allow uninformed, out-of-state lobbying groups that prey on people’s emotions to write your laws. NRA Nevadans for Freedom has been saying all along that this poorly written initiative was drafted without any input from Nevada law enforcement. Not a single sheriff supported Bloomberg’s Question One.

The director of the Nevada Department of Public Safety, James Wright, requested the formal opinion from the Attorney General on two questions:

“First, does the Background Check Act allow the Nevada “Point of Contact” program to perform background checks for private-party sales or transfers of firearms conducted by federal firearms licensees? Second, if the Department is legally authorized to perform these checks, may it charge fees for doing so?”

Laxalt, responded “no” to both questions, stating the Act was written in such a way that all private transfer background checks must be conducted by the federally administered National Instant Criminal Background Check System, or NICS, as opposed to being conducted through the Nevada “Point of Contact” system.

Nevada’s “Point of Contact” system checks applicant names through both NICS as well as the state database of prohibited persons. As the Reno Gazette-Journal explains, “When someone buys a gun from a federally licensed dealer in Nevada, the dealer contacts the Nevada Central Repository. Someone there runs the name through a number of databases, including those for state mental health records and misdemeanor domestic battery convictions.”

The new law was written so that dealers cannot access the state system, and must rely solely on the federal process. Initiative supporters avoided utilizing the state system because had they done so, Question One would have required the filing of a fiscal note, explaining to voters how much the new background checks would cost the state.

The FBI recently sent a letter to the Nevada Department of Public Safety saying, in short, that the FBI would not conduct background checks on private firearms transfers as called for in the new law. In the letter, the FBI noted that the State of Nevada “… cannot dictate how federal resources are applied.”

Laxalt concluded his opinion by stating that because the FBI would not conduct the checks, the law is “unenforceable” and, therefore, “citizens may not be prosecuted for their inability to comply with the Act….”

There does not appear to be an easy fix to this over-reach by Question One’s proponents. Under Nevada State law, laws passed by ballot initiative cannot be altered for three years.

As we review the Attorney General’s opinion more closely, we will provide more insight into how law-abiding Nevadans should proceed when making a private firearms transfer under the new law.

TRENDING NOW
Louisiana: House Passes Constitutional Carry, Now Headed to Gov. Landry’s Desk for His Signature

Wednesday, February 28, 2024

Louisiana: House Passes Constitutional Carry, Now Headed to Gov. Landry’s Desk for His Signature

Today, the House voted 75-28 to pass Senate Bill 1, the NRA-backed constitutional carry legislation that passed the Senate last week.

Washington: Two Anti-Gun Bills Advance Through the Legislature

Wednesday, February 28, 2024

Washington: Two Anti-Gun Bills Advance Through the Legislature

On Tuesday, February 27th, HB 2118, the “FFL Killer” passed the Senate, and SB 5444, "sensitive places" expansion, passed the House. Both bills were amended in the second chamber and now must return to their ...

Minnesota: Two Anti Gun Bills Scheduled to be Heard in Committee

Wednesday, February 28, 2024

Minnesota: Two Anti Gun Bills Scheduled to be Heard in Committee

On Thursday February 28th at 10:30 am, House File 601 and House File 4300 will be heard in Room 200 of the State Office Building by the Public Safety Finance and Policy Committee and the Children and ...

Colorado: Anti-Gun Bills Continue to Move through the State Legislature

Thursday, February 29, 2024

Colorado: Anti-Gun Bills Continue to Move through the State Legislature

Two anti-gun bills continue to move in the Colorado State Legislature. HB24-1174, introduced by Majority Leader Monica Duran (D-HD 23),  is set to be heard next week in the House Finance Committee. HB24-1310 , introduced by ...

Maine: PETITION: Stand with Maine Gun Retailers

Monday, February 26, 2024

Maine: PETITION: Stand with Maine Gun Retailers

Gun Control groups are launching an all-out assault on the Second Amendment in Maine. Their most recent tactic?

South Dakota: Enhanced Conceal Carry Legislation Headed to Governor Noem's Desk

Thursday, February 29, 2024

South Dakota: Enhanced Conceal Carry Legislation Headed to Governor Noem's Desk

On February 27th, Senate Bill 203 received final passage on the House floor on a vote of 62-8. The legislation will now head to Governor Noem's desk for her consideration.

Michigan: “Gun-Free Zone” Legislation Passed in the Senate

Thursday, February 29, 2024

Michigan: “Gun-Free Zone” Legislation Passed in the Senate

House Bill 4127 and House Bill 4128, legislation that would restrict law-abiding gun owners in and around polling places, which includes ballot drop boxes, passed out of the Senate will be sent back to the House ...

Ohio: Gun Owner Credit Card Privacy Bill Passes the Senate

Thursday, February 29, 2024

Ohio: Gun Owner Credit Card Privacy Bill Passes the Senate

Yesterday, the Senate Veterans and Public Safety Committee passed Senate Bill 148, The Second Amendment Privacy Act. The bill was quickly sent to the Senate floor where it passed by a vote of 25-7. This ...

Oklahoma: Pro-Gun Constitutional Amendment Strengthening the Right to Keep and Bear Arms Passes Committee

Wednesday, February 28, 2024

Oklahoma: Pro-Gun Constitutional Amendment Strengthening the Right to Keep and Bear Arms Passes Committee

Yesterday, House Joint Resolution 1034, a joint resolution proposing to amend the Oklahoma constitution to provide further protections for the right to keep and bear arms, was passed by the House Rules Committee and is ...

Maine: Gun Registries, Red Flags, Universal Background Checks and more.

Tuesday, February 27, 2024

Maine: Gun Registries, Red Flags, Universal Background Checks and more.

It has been a busy week for Maine’s anti-gun politicians. From releasing a new bill that would implement Universal Background Checks and Red Flag laws in Maine, to Rep. Jared Golden (ME-02) pushing for a ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.