Nevada's Background Check Act is impossible to enforce?
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  1. #1
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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.

    Basically, the new act says something to the effect of you need to have an FFL perform a Federal NICS background check on buyers or transferees for private sales and transfers in Nevada, without contacting the State Records Central Repository. The FBI says a state law cannot dictate how federal resources are applied and these background checks are the responsibility of the state. A state background check may not qualify as a federal background check. This Act effectively makes all private sales in Nevada illegal however, the act was not written to make private sales illegal. Something about contacting NICBCS but, not the Central Repository. This is not how a background check is normally done. Something to this effect.

    "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.)

    The FBI will conduct background checks, just not the irregular ones that do not run through the Central Repository. The Act says a licensed dealer must not contact the State Records Central Repository, to determine a buyer or transferee's eligibility to purchase or possess a firearm.

    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".....

    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.

    Adam Laxalt is the MAN!! Good job. Fuck you Bloomberg eat a dick.
    Last edited by Bildobaggins; 01-09-2017 at 01:59 PM.

  2. #2
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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?

  3. #3
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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 02:10 PM.

  4. #4
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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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  5. #5
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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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