Nevada’s Background Check Law- Dead on Arrival

By Faye Higbee

Nevada voters passed a ballot question in November that stated private party gun transfers must be subject to the Federal NICS background checks. The FBI specifically, bypassing the state repository. There was one problem: the Feds refused to do it. The Nevada State Attorney General, Adam Paul Laxalt, in an opinion released after it received a refusal letter, has declared the ballot initiative “dead on arrival.”

The NICS system is administered by the FBI. The FBI has refuses to conduct background checks when the State of Nevada has their own system.

The Reno Gazette Journal reported, [Note the RGJ publication backed the ballot initiative]

The FBI sent a letter Dec. 14 to the state of Nevada’s Department of Public Safety saying it would not conduct these checks. The department asked for a legal opinion on the letter’s ramifications.

Because the text of the new Background Check Act says private-party transfers and sales must be done through the FBI background check system, the Nevada Attorney General’s Office opinion states, “citizens may not be prosecuted for their inability to comply with the Act unless and until the FBI changes its public position and agrees to conduct the background checks consistent with the Act.”