Liberty Park Press

Liberty Park Press

  • Headlines
  • Politics
  • cheapest viagra prices online
  • http://libertyparkpress.com/cheapest-cialis-to-buy-online/
  • sale levitra
  • levitra and dosage
  • Sports

Nevada Gun Control Law Language Roadblocks Itself

December 29, 2016 By Dave Workman

There is a roadblock in the implementation of Nevada's new gun control law, and it's the fault of the law's own wording. (Dave Workman)
There is a roadblock in the implementation of Nevada’s new gun control law, and it’s the fault of the law’s own wording. (Dave Workman)

Specific language in Nevada’s new gun control law that requires so-called “universal background checks” on all firearm transfers is preventing its own implementation, according to an opinion from the state Attorney General’s office and the FBI’s National Instant Criminal Background Checks System (NICS).

Gun control proponents contended in comments to Nevada newspapers that a simple fix is possible. However, that may be wishful thinking.

The new law specifically requires licensed firearms dealers to contact the NICS system. However, Nevada has a “Point of Contact” program that has background checks conducted by the Department of Public Safety’s Central Repository.

The background check measure, known as Ballot Question 1, passed Nov. 8 by a slim 50.45% to 49.55% margin, a 9,899 vote difference in a contest that drew more than a million votes.

Jennifer Crowe, spokesperson for the local Moms Demand Action group, which is part of the Everytown for Gun Safety gun control lobbying organization, insisted to the Reno Gazette-Journal that, “The bottom line is that Nevada officials have a responsibility to work with the FBI to implement the system approved by a majority of voters.”

But in a Dec. 14 letter to the Nevada Department of Public Safety (DPS), Kimberly J. Del Greco, section chief for the FBI’s NICS Section, said, “the recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied.”

An opinion from the state Attorney General’s office to DPS Director James M. Wright was also blunt.

“Because the Act specifically directs the dealer to run checks directly through the FBI’s NICS system, the Nevada Department of Public Safety has no authority to perform the private-party background checks required by the Act,” wrote Gregory L. Zunino, bureau chief for Attorney General Adam Paul Laxalt.

The AG’s opinion details the problem:

To conduct the required check in the manner specifically required by the Act, ‘the licensed dealer must contact the National Instant Criminal Background Check System, … and not the Central Repository, to determine whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law.’ The Act is very specific that the only background check it authorizes for a private sale or transfer is directly through the FBI. Indeed, lest there be any doubt, the Act specifically directs that licensed dealers not contact the Department’s Central Repository to conduct such checks. Because the plain text of Section 5(3)(a) expressly forbids licensed dealers from contacting the Central Repository to conduct the private party background checks required by the Act, it necessarily forbids the Department from facilitating non-compliance with the Act by performing such checks through the Central Repository. And because the Department lacks authority to perform such background checks, it therefore cannot charge fees for doing them.”

The Background Check Act was patterned after a similar public initiative passed two years ago in Washington State, in a similar fashion. It drew support from wealthy elitists, but was opposed by county sheriffs, a law enforcement trainer’s organization, sportsmen and gun owners.

In Nevada, prosecutors and sheriffs opposed the measure.

Critics of so-called “universal background checks” that ultimately require paperwork say the real purpose of such measures is to create a de facto gun registration system.

Related:

Year Winds Down, Deceptive Anti-Gun Rhetoric Heats Up

California Sheriff Will Ease CCW Permit Process in His County

 

Facebook Comments

Related

Filed Under: 2nd Amendment, Headlines, News Feed Tagged With: Background checks, Gun control, Moms Demand Action, Nevada

About Dave Workman

Dave Workman is an award-winning career journalist with an expertise in firearms and the outdoors. He is the author of several books dealing with firearms politics. He has a degree in editorial journalism from the University of Washington and is a lifelong Washington resident.

Please Subscribe

We respect your email privacy

Powered by AWeber Email Marketing

 

Featured Stories

OR Gun Control Dilemma: ‘No Evidence Criminals Would Obey’

Criminal charges filed against women’s college basketball player following incident in postgame handshake line-UPDATED

The Challenge Of Identifying As A Monochromatic Effeminate Submarine Drone

President Biden’s Approval Rating Plummets in Two New Polls

St. Louis’s top prosecutor facing potential ouster from office

Opinion: Uvalde Cops Blame AR, Not Themselves

Device Worship And The Detriment Of Sports Competition

Federal Judge Strikes Down CA Handgun Requirements

VIRAL STORIES

Don’t Look Now, But The Clock Is Ticking

Domino Bot Wows Internet

The Soviet Ghost Town Of The Arctic Expanse

These Insects Redefine “The Groove”

Colossal Pizza Slice Marks The End Of An Era

The Hardheaded And Plummeting Ratings Of Sports Television

Escaping The Madness- Where On Earth Does One Go To Avoid Bubonic Politicization?

Driving A Jet Engine Or Racing A Car? Choose Wisely

About Us

Liberty Park Press is an online information website dedicated to providing you with breaking, useful, or interesting information.

Read More

PRIVACY AND TERMS

Welcome to Libertyparkpress.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use:
Continue Reading…

CONTACT US

Liberty Park Press
12500 NE 10th Place
Bellevue, WA 98005

Copyright © 2023 · Liberty Park Press Inc · all rights reserved · Log in