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Nevada Concealed Firearm Permit Holders Lose NICS Exemption for Private Transfers

Monday, December 16, 2019

Nevada Concealed Firearm Permit Holders Lose NICS Exemption for Private Transfers

Nevada Concealed Firearm Permit holders are set to get a lump of coal in their stocking this Christmas. Nevadans with a permit have long-enjoyed NICS-exempt status, which exempts these law-abiding individuals from having to undergo a National Instant Criminal Background Check System check every time they purchase a firearm from a gun dealer. Thanks to SB 143, which criminalized the private transfer of firearms in the Silver State, as of January 2 permit holders will be forced to undergo a NICS check when they purchase a firearm from a private individual through a dealer.

Federal law requires individuals to undergo a NICS check every time they purchase a firearm from a Federal Firearms Licensee (FFL). However, 18 U.S.C. § 922(t)(3) exempts transfers between a gun dealer and another person if,

              (i) such other person has presented to the licensee a permit that--

(I) allows such other person to possess or acquire a firearm; and

(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and

(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;

The Bureau of Alcohol, Tobacco, Firearms and Explosives maintains a list of state-issued permits that qualify for this exemption. This list is available as the ATF’s “Permanent Brady Permit Chart.”

The NICS exemption system is efficient, as it allows persons who have already been vetted by a NICS background check to purchase firearms without delay and decreases the burden on the FBI’s NICS Section by reducing redundant background checks.

Further, for some gun owners, a NICS exempt permit is essential to the meaningful exercise of their Second Amendment rights. According to the 2018 NICS Operations Report, 10 percent of all NICS transactions in 2018 were delayed for additional research while only about 1.2 percent resulted a denial. This means that many law-abiding gun owners face significant background check delays despite being able to lawfully possess firearms.

Lengthy delays often happen through no fault of the prospective firearm buyer. As the FBI explains on its website,

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth).

For many people the NICS exemption is vital, as they are repeatedly misidentified each time they undergo a check. Rather than go through a lengthy delay every time they exercise their rights, the NICS exemption process enables a person to undergo the cumbersome process once and then purchase guns without interference for the next five years.

In late October, the Nevada Department of Public Safety began sending out letters to FFLs informing them about their obligations under SB 143. The letter stated that “effective January 2, 2019, a Concealed Carry Weapon Permit holder is NOT exempt from the NICS background check for private parties required” by the new state law. Therefore, individuals seeking to obtain a firearm from another private party will be required to undergo a NICS check even if they have a Nevada carry permit that the ATF recognizes as NICS exempt.

Nevada’s anti-gun politicians sold their background check legislation as a way to keep guns out of the hands of criminals. However, just like all gun control measures, this legislation was designed to further encumber law-abiding gun owners and reduce their ability to exercise their rights.

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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 ...

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Monday, February 26, 2024

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Today, the House Administration of Criminal Justice Committee passed the NRA-backed constitutional carry legislation, Senate Bill 1, by a 10-3 vote. The bill now heads to the House floor for a final vote this week. SB 1 ...

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 ...

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?

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 ...

Indiana: Pro-Gun Bills Pass the Senate

Wednesday, February 28, 2024

Indiana: Pro-Gun Bills Pass the Senate

Yesterday, the Senate passed House Bill 1084, The Second Amendment Privacy Act, a bill to prohibit the use of firearm-related Merchant Category Codes.

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 ...

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

Wednesday, February 14, 2024

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

On Monday, House File 3570 was referred to the House Committee on Public Safety Finance and Policy and would ban so called “assault weapons” by expanding upon an existing statute used to define these firearms. The bill ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

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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.