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
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

New Orleans Tries an End-run around Constitutional Carry

News  

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. 

The UN’s Circle of Life

News  

Monday, July 8, 2024

The UN’s Circle of Life

The United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects (PoA) is now almost 23 years old.

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

News  

Monday, July 8, 2024

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less.

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

News  

Tuesday, July 2, 2024

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Second Amendment Foundation, Firearms Policy Coalition, and California Rifle & Pistol Association, filed a lawsuit challenging California’s 11% excise tax on gross ...

Grassroots Spotlight: AF Boyer Hardware Store

Take Action  

Monday, July 8, 2024

Grassroots Spotlight: AF Boyer Hardware Store

A fortunate group of NRA members and staff was recently afforded the opportunity to step back in time!

No, children are not more likely to die by guns than motor vehicles

News  

Monday, April 24, 2023

No, children are not more likely to die by guns than motor vehicles

Another year brings about another opportunity for gun control activists and their media lackeys to manipulate CDC fatal injury data to push a misleading factoid on children and firearms.

NRA Proven Right Again: Surgeon General Vivek Murthy Outs Himself as an Anti-Gun Hack

News  

Monday, July 1, 2024

NRA Proven Right Again: Surgeon General Vivek Murthy Outs Himself as an Anti-Gun Hack

There was a LOT of vindication going around last week for those opposed to the Biden cabal and the ongoing deceptions it has perpetrated (in collusion with the legacy media) against the American public. 

Supreme Court Deals Major Blow to Executive Branch Overreach

Saturday, June 29, 2024

Supreme Court Deals Major Blow to Executive Branch Overreach

On Friday, the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo and overturned Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. While the Loper Bright case dealt with the ...

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.