Nevada Universal Background Check Law DOA

[WARFAB]

Can anyone (ND?) help me understand how New Yorkistan's universal background check requirement still stands if the FBI refuses to do checks for personal transfers in Nevada? Does the FBI feel it is more of a priority to do checks for New York residents than Nevada residents for some reason?

http://www.reviewjournal.com/local/nevada/nevada-s-new-gun-background-check-law-ends-it-begins

CARSON CITY — A new Nevada law requiring background checks for private party gun sales was deemed unenforceable Wednesday, days before it was to take effect because the FBI refuses to conduct them and the state lacks authority to do so.

Ballot Question 1, narrowly approved by voters in November, was set to take effect Sunday. It required background checks on private-party gun transfers, similar to sales made when someone buys a gun through a federally licensed dealer.

But unlike retail sales, the initiative states that dealers conducting background checks for private transfers must contact the FBI’s National Instant Criminal Background Check System to determine whether the buyer is eligible to purchase or possess firearms under state and federal law.

“The Background Check Act mandates that the FBI conduct all background checks for personal transfers,” Monica Moazez, spokeswoman for the attorney general’s office, said in a statement. “The FBI, on Dec. 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 Background Check Act cannot commence.”

In its letter, the FBI said Nevada is a “point of contact” state that uses the federal NICS system and a state central repository — a database that includes such things as mental health records, domestic violence incidents, misdemeanor criminal records and arrests reports, as well as restraining orders.

“The state of Nevada can provide a more comprehensive NICS check that is accomplished when a (point of contact) accesses state-held databases that are not available to the FBI,” the letter said. “The Nevada DPS is also in a better position for understanding and applying state laws.”

It concluded that “the recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied.”

[Pissed Off Patriot]

That is a very good question!

Perhaps thanks to states like NY and California, the FBI NICS system is overwhelmed enough that they are refusing to do any more work for the states?

[WARFAB]

I think it has something to do with Nevada being a "point of contact" state. I read most of the letter inside the article and I'm still a bit fuzzy on exactly what that means and how it applies. Only 12 states are "point of contact" states, so I'm guessing New Yorkistan isn't one of them.

[Pissed Off Patriot]

I think it has something to do with Nevada being a "point of contact" state. I read most of the letter inside the article and I'm still a bit fuzzy on exactly what that means and how it applies. Only 12 states are "point of contact" states, so I'm guessing New Yorkistan isn't one of them.

I didn't know there was more than one kind of NICS check. This explains it...

"In full POC states, Federal Firearms Licensees (FFLs) first query NICS and related state files through one or more organizational units – referred to as points of contact – and then, if necessary, the staff of the POCs carry out the required follow-up research.

In non POC states, FFLs contact the NICS Operations Center directly by telephone or via the Internet and any required follow-up research is performed by the NICS’s FBI staff.

In partial POC states, FFLs query NICS and state files through a POC for handgun purchases or permits but query NICS directly for long gun purchases."

[camper4lyfe]

Clear as mud

[usmcveteran]

Confused as to who has to do the work

[masterswimmer]

Confused as to who has to do the work

Mission accomplished!

If you can't dazzle them with your wit, confuse them with your bull $hit.