Officials say Nevada won't be able to implement the ballot initiative requiring that gun transfers and private sales to go through a licensed dealer.
According to the law, all private sales and transfers of guns must first appear in person at a licensed dealer who will conduct a background check through the existing federal and state protocols. NV-1 is supposed to become law on Sunday, January 1,
The FBI informed the state that it wants Nevada to conduct the checks itself because the state databases are more comprehensive, but on Wednesday, the Nevada Attorney General's Office released an opinion saying the ballot measure doesn't give state agencies the authority to conduct the checks.
The Nevada Attorney General’s Office has issued the following statement:
“The Background Check Act mandates that the FBI conduct all background checks for personal transfers of firearms in Nevada. The FBI, on December 14, informed the Department of Public Safety that it will not conduct these background checks. Accordingly, the official Attorney General Opinion concludes that without this central feature (the FBI background check) the Background Check Act cannot commence.”
The Douglas County Sheriff’s Office says they have received numerous inquiries from residents in regard to The Background Check Act referred to as Question 1.
The Douglas County Sheriff’s Office says that in reference to the AG opinion, the Act is not enforceable and therefore citizens are excused from compliance with the Act until the issues identified in the opinion are remedied. The Douglas County Sheriff say they are advising their citizens that they may proceed with private party firearm sells and transfers as they did prior to the passing of ballot Question #1.
The Lyon County Sheriff's Office and the Lyon County District Attorney's Office say they support the Nevada Attorney General's Opinion 2016-12 determining that Question 1, the 2016 ballot initiative mandating new firearm regulations, including background checks for certain private party firearm transfers is unenforceable.
"Consistent with the Opinion and the State of Nevada law enforcement agencies, we will not enforce any provisions of this ballot initiative until the issues have been resolved. We will continue to respect our citizens' Constitutional rights with respects to firearms, in accordance with the Attorney General Opinion and existing law.
We will also continue to enforce all current Nevada Revised Statutes as related to firearm violations. As a reminder, current law has always provided a private citizen with the ability to obtain a state background check prior to any firearm transfer if one so desires."
NRA Nevadans for Freedom Campaign Director, Robert Uithoven released the following statement:
“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 this was a poorly written initiative drafted without any input from Nevada law enforcement. That is why not a single sheriff supported Bloomberg’s Question 1. We will be happy to provide more information as we continue to review the Attorney General’s opinion."
Jennifer Crowe, spokesperson for Nevada Moms Demand Action, part of Everytown for Gun Safety released this statement:
"It is now law in Nevada that private gun sales will go through background checks. We are confident that the state and the FBI will work together and make it happen to implement the will of the people and protect our public safety."
The following documents are from the Office of Attorney General, Adam Laxalt Opinions
The Associated Press has contributed to this story
