Nevada's Background Check Act is impossible to enforce?
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Thread: Nevada's Background Check Act is impossible to enforce?

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    Thumbs up Nevada's Background Check Act is requiring the impossible?

    Probably put you in handcuffs just the same. This is regarding private party sales in the State of Nevada.

    "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 or possess firearms under state and federal law."" -Nevada Attorney General's Office (N.A.G.O.)

    We're talking State Records Central Repository.

    So, if a private party was to have a regular FFL conduct a regular federal NICS background check, that also happens to go through the Central Repository, on a buyer or transferee, then sell or transfer the firearm to the buyer or transferee with a passing grade, under the poorly written amendment, you would be breaking state law. Unbelievable.

    If a private party cannot have an FFL perform a state legal background check on a buyer or transferee, that private party cannot sell or transfer a firearm.

    "The FBI's refusal to carry out the central function of the Act effectuates an unconditional ban, at present, on all private firearms sales or transfers in Nevada." -N.A.G.O.

    "...in light of the FBI's position, citizens may not be prosecuted for inability to comply with the Act unless and until the FBI changes it's public position and agrees to conduct the background checks consistent with this Act." -N.A.G.O.

    "Because the Act expressly and centrally relies on this error and forbids the Department (Nevada Department of Public Safety) from being contacted to run background checks, it requires and criminalizes the impossible. Under longstanding legal principles, Nevadans are not required to perform the impossible, and are therefore excused from compliance with the Act's background check requirements unless and until the FBI changes it's position set forth in it's December 15, 2016 letter." -N.A.G.O.

    http://ag.nv.gov/uploadedFiles/agnvg...GO_2016-12.pdf

    What the fuck?! Business as usual or ... "may not" is not the same as "can not".....

    DISCLAIMER:
    This does not constitute as legal advice. Do not take this as or, construe this as, legal advice. I am not a lawyer. This is not an attempt to mislead, I am just trying to figure out what this means. I will not sell any firearm until this is cleared up and, I have no intent on selling any firearm illegally. I think the Nevada Attorney General's Office is quite clear. I tried to be accurate. I am not advocating breaking the law. If you can't read that's not my problem.

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    Adam Laxalt is the MAN!! Good job. Fuck you Bloomberg eat a dick.
    Sorry for the deletions and heavy editing, don't want to get screwed saying you can break the law.
    Last edited by Bildobaggins; 01-09-2017 at 12:59 PM.

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    So what's the deal in NV in the first place? Do you have to run private sales through an FFL like CA does?

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    The amendment pretty much says you need to do a background check for all firearms sales and transfers before the guy touches your firearm. You don't need to have an FFL do anything except do a federal background check that does not contact state central records. No serial look up, none of that.

    The amendment is bullshit because it is so broad, it could be interpreted as background checks on muzzle loaders or any gun for that matter. Say I let someone borrow a gun or you leave it with your buddy so he can clean it, that could be described as illegal without a background check.

    Now the real bullshit is you can't conduct a legal background check. You unwittingly break the friggin constitution by just having a regular federal background check done on someone and then selling a gun or transferring a gun to a guy.

    For the most part, private sales were unwittingly and unknowingly frozen because you can't just have a background check done without it running through state records.

    Not possible. So, "Because the Act expressly and centrally relies on this error and forbids the Department (Nevada Department of Public Safety) from being contacted to run background checks, it requires and criminalizes the impossible. Under longstanding legal principles, Nevadans are not required to perform the impossible, and are therefore excused from compliance with the Act's background check requirements unless and until the FBI changes it's position set forth in it's December 15, 2016 letter." -N.A.G.O.

    This law is so poorly written it's almost hard to figure out.
    Last edited by Bildobaggins; 01-09-2017 at 01:10 PM.

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    Its another feel good stupid law, and I'm surprised Nevada would pass something like that.
    I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me.
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    50.4% dumbass and on the rise. Scales were tipped last year. I can imagine in a few decades, this will be the new California.

    We get to vote on it again in 2 or 3 years.

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    Good news Nevadans, further research and information from retired LVMPD officers, Active military and gun stores has yielded this:

    In asking whether or not I need to do a background check for private party sales due to the new law:

    ques. 1 not enforceable.JPG
    - Retired LVMPD Officer

    "Yeah you don't need to do that, the FBI wont do it and it's unenforceable. Is it yours? (yes) Then go right ahead." -American Shooters Gun Store of Las Vegas.

    Things can change and it is your responsibility to stay informed of new laws, decisions, opinions and the like. This information is current as of the time stamp on the top left of this post.
    Last edited by Bildobaggins; 01-26-2017 at 04:30 PM.

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    Although "Question 1" was passed in NV, the law expressly stated the FBI was to conduct the background check... The FBI has come out and said, they have too much to do as-is, and told the state of NV that they won't do it. Because of the wording of the law, when combined with the Fed enforcement agency saying they were refusing to get involved, I.E. "nope - do it yourself..."

    The law is dead and unenforceable...

    The law was never enforceable in the first place anyway - outside one's own stupidity...


    Scenario; You borrow a friend's rifle for a week to go hunting, and encounter Johnny Law along the way...

    Johnny Law: That your rifle?
    Joe Bob: Yep!

    Johnny Law: Well, I'm gonna run it out, see if it's stolen...
    Joe Bob: Ok

    Johnnny Law: Calls dispatch, runs the rifle out, comes back "29 Clear" (weapon is clear, not listed as stolen or in NCIC)... Gives Joe Bob the rifle back...

    Point Being - NV is a gun friendly state and has no gun registry.

    Only if Joe Bob was dumb enough to admit he did not do a transfer with the buddy he borrowed rifle from, will he get jammed up.
    Law was stupid and for "feel good" purposes...


    Problem is - too many Californians have infiltrated to NV w/in the last couple decades, and are bringing their goddamn, dicked-up social values w/them, and have turned the state blue for the last couple elections!!!

    The GREAT IRONY - Californians flee CA because they have dicked it up soooooooo badly... Then they move to places that are "cool," and then try to change it and make it more like CA!!!! Californians are human cancer cells - spreading through the country, fleeing CA because they have dicked it up, and then try to make the great places they fled to more like CA!!!!

    I am from Indiana, I lived in Los Angeles for 8 years before I said "that's it, moving back to M'ERICA!!!!!..." and have been in Northern NV for the last 13-14 years...

    AND!!! - I am LEO/Detective/SWAT/Pro-Gun, and about as "damn the man"/"from my cold dead hand" as LEO can be, and still maintain the job!...

    Rant over, drops the mic, walks off stage...
    "This new focus on tact, diplomacy and courtesy, has made liars of us all."

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    Quote Originally Posted by j-rod View Post
    Problem is - too many Californians have infiltrated to NV w/in the last couple decades, and are bringing their goddamn, dicked-up social values w/them, and have turned the state blue for the last couple elections!!!

    The GREAT IRONY - Californians flee CA because they have dicked it up soooooooo badly... Then they move to places that are "cool," and then try to change it and make it more like CA!!!! Californians are human cancer cells - spreading through the country, fleeing CA because they have dicked it up, and then try to make the great places they fled to more like CA!!!!
    I'm sorry to say but you hit the nail on the head. I see this shit everyday. Californians (Most of them anyway) are entitled lazy-ass dipshits who have the work ethic of a fuckin snail but swear that they are god's gift to everything.
    They think they are the most noble, generous, sensible and intelligent people on Earth, when in fact they are the biggest bunch of overly-emotional over-educated spendaholics the world has ever seen. They assume tax dollars have no end, and that the answer for every budget issue is simply more taxes and not to simply cut back on the absurd waste they constantly promote. A frighteningly large number of them (especially around LA) think that Communism is actually wonderful and that all the past failed Communist regimes simply weren't Marxist enough.

    They are turning this once great state into a bankrupt hell-hole and now instead of admitting that they are royally fucking up they simply flee to other areas of the country where there are still hard-working responsible people to leech off of.

    You guys in NV need to really get out and fight this kinda stupid crap tooth and nail, otherwise you'll be just like us in a few years - waiting in line on December 21st to do paperwork on things that wont be legal in another 10 days. Not to mention bankrupt and up to your eyeballs in Illegals who you cannot criticize at all because they are one of the many protected classes of people CA has.

    Sorry to all you real Americans that this state has such a surplus of idiocy that we are now exporting it. Glad that at least this first attempt to undermine NV was botched by incompetent lawmakers.


    P.S. I cannot confirm if California actually ever was great. Too young to know. I've heard it was though.
    "It is better to fight to the last man and the last cartridge and die with some honour. Because, what is being presented to us here is a degree of humiliation." - P.K. van der Byl

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    California used to have importers that brought in Russian Draganov's, and Chinese Norinco's before they went full retard.
    Arik likes this.
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    Yep, used to have all sorts of cool stuff. Now all we have left are Bryco/Jennings and high crime rates.
    Arik likes this.
    "It is better to fight to the last man and the last cartridge and die with some honour. Because, what is being presented to us here is a degree of humiliation." - P.K. van der Byl

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    As long as CA continues to be the 6th largest economy in the world and have the largest agricultural output in the country, for better or for worse, they'll remain relavent and influential.
    Arik likes this.

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    Been here all 27 years of my life. Las Vegas has changed so much, i'm seriously thinking of moving.
    The politics here are just getting toxic.
    Somali Meme_zpsjne7gvqy.jpg
    Arik likes this.
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    Quote Originally Posted by JoeMomma View Post
    California used to have importers that brought in Russian Draganov's, and Chinese Norinco's before they went full retard.
    Wait til they succeed. The world will be so beautiful and free until they realized the business left for main land America, their a huge welfare state and their money wasn't backed by anything than migrants and marijuana. Lol

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    There was a guy that moved here from Indiana, he only lived here for about a year or so. He got registered to vote and only voted on the questions. I talked to him about question 1 and told him it was a shitty idea. He said, "yeah" in agreement. After he voted when I mentioned Question 1 he said "uhhhhhhh." He then moved back to Indiana a month after. Haven't talked to him since.

    There's a guy who moved here from Chicago a while back he thought the question wasn't strict enough.

    I was in line to vote and a guy asked what is this about to the guy behind me. He said it's a question asking if we should have checks on all private gun sales and that it was a shitty idea. He said OK and seemed like he didn't really understand. He voted.

    All questions passed. It's as if 10,000 people here who haven't lived here for longer than 2 years got registered to vote, and voted yes on everything because they didn't care to read the rest of the questions or didn't care for anything besides question 2. Seems they smashed "Yes" on everything to make sure that their pot got legalized.
    Last edited by Bildobaggins; 01-29-2017 at 03:27 PM.

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    I too am originally from Indiana (South Bend)... As previously mentioned - I spent 8yrs in Los Angeles, but have been in Northern NV for 13-14yrs now. I moved to LA in the mid-90s, watched the flight of helicopters go by my apartment (following OJ Simpson) and watched the North Hollywood shootout - live. In fact there are 2 rifles in my safe right now that were purchased for the North Hollywood B&B Guns (where the LAPD went to get the ARs that ended the shootout)... Hell - the National Guard unit I was in was one of the LA riot units - YEAH, trigger time in South-Central!!! Lol!!!

    Technically - I was a multiple felon in California, as were my entire circle of friends - because we refused to register any/most of our "evil"/Verboten rifles. I actually registered two of them (an AR and an M1a) - but that's it... After the 2000 ban - I said that's it, time to go...


    Where I think a big part of the NV political swing occurred was from back then when Vegas was BOOMING, in the mid to late 90s - I couldn't tell you how many people I knew packed up and moved to Vegas, because the economy there was off the hook/growing like crazy... Well, just like that - Vegas became "North Los Angeles...". And before you knew it California's social cancer (of liberalism) started to infect the state. And as its the population center - things started to circle the drain.

    Even Reno/Washoe County is horrible-BLUE/Dem nowadays. The current Mayor (liberal woman) is going out of her way to attract SF Bay Area $$$$ and/or "investors." She wants to get away from dependence on gambling and mining (which I kind of get in some ways). But the way she is trying to do it is by luring the big money types for the SF area. There is this whole "revitalization" project going on, south of downtown (it's called "mid-town") - nothing but trendy restaurants and hipsters everywhere in that area. Fucking guys in skinny jeans!!! It's fucking Reno - they still do the cattle drive down the paved roads for the Reno rodeo for fucks-sake!!!! They need to stampede them cattle over the fruits in skinny jeans dammit!!!!! Lol

    NV really shit the bed on these last 2 elections - and I wholly attribute it to the influx of cancer cells... er, uh, I mean Californians...
    Thrasher and JoeMomma like this.
    "This new focus on tact, diplomacy and courtesy, has made liars of us all."

 

 
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