Explore The NRA Universe Of Websites

APPEARS IN News

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.

TRENDING NOW
Seattle’s Gun Tax: A Textbook Case on the Law of Inverse Consequences

News  

Monday, March 27, 2023

Seattle’s Gun Tax: A Textbook Case on the Law of Inverse Consequences

The law of inverse or unintended consequences refers to outcomes that are the reverse of the planned or expected results. As described in another context, “the law of unintended consequences could create a perverse effect contrary to ...

Florida: House Passes Constitutional Carry

Friday, March 24, 2023

Florida: House Passes Constitutional Carry

Today, the House voted 76-32 to pass House Bill 543, the constitutional carry bill.

This is Why We Can’t Have Nice Things… In San Francisco

News  

Monday, March 27, 2023

This is Why We Can’t Have Nice Things… In San Francisco

Most Americans understand that our country has had a problem with a surge in crime over the last couple of years. In response, there has been a surge in gun purchases, and millions of law-abiding citizens ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

Biden’s Executive Order Targeting Gun Ownership

News  

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Bloomberg and His Anti-Gun Apparatus Continue to Mislead Voters

News  

Monday, March 27, 2023

Bloomberg and His Anti-Gun Apparatus Continue to Mislead Voters

It’s no deep secret that anti-gun billionaire Mike Bloomberg will do anything, and at any cost, to promote his agenda of eradicating the Second Amendment. He launched an anti-gun organization, Mayors Against Illegal Guns, then ...

Colorado: Assault Weapon Ban Committee Hearing Scheduled!

Monday, March 27, 2023

Colorado: Assault Weapon Ban Committee Hearing Scheduled!

On March 29, the House Judiciary Committee is scheduled to vote on House Bill 23-1230 (“HB 23-1230”), which bans the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of what the drafters have defined as ...

Florida: Senate’s Constitutional Carry Passes Committee

Thursday, March 9, 2023

Florida: Senate’s Constitutional Carry Passes Committee

Today, the Senate Fiscal Policy Committee voted 11-6 to approve Senate Bill 150, constitutional carry, with an amendment aligning the language with the House’s version. It will now go to the full Senate for further consideration.

North Carolina: VETO OVERRIDDEN

Wednesday, March 29, 2023

North Carolina: VETO OVERRIDDEN

Today, March 29, the House voted 71-46 to override Governor Cooper’s veto of Senate Bill 41, a bill that recognizes law-abiding citizens’ right to self-defense while attending a church with a school attached and also repeals the ...

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Wednesday, March 8, 2023

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Yesterday, March 7th, the Florida Legislature began the 2023 legislative session. Tomorrow, at 9:00AM, the Senate Fiscal Policy Committee will hear Senate Bill 150, the Senate’s constitutional carry bill.

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.