Nevada Gun Control Referendum Ruled Unenforceable

ammoland ^ | 20 January, 2017 | Dean Weingarten

[marktwain]

Arizona – -(Ammoland.com)-
The FBI has stated that it cannot and will not comply with the mandate prescribed by the “universal background check” referendum that was passed in November in Nevada.  The referendum was Ballot Question 1, a complicated eight page referendum that required private sales to be conducted through federally licensed dealers. From the Nevada Secretary of State archive.org:

You can see that explicitly in subparagraph 3., the National Instant Criminal Background Check System, (NICS) is required to do the check, and *not* the Central Repository in Nevada, as is done according to Nevada law, currently.

Nevada law allowed private individuals to voluntarily run checks on private firearms transfers. Ballot Question 1 made those voluntary checks mandatory, and required that they be done by the FBI in NICS (National Instant Criminal Background Check System).

According to Ballotpedia, the FBI has informed Nevada that they will not do the “background check” as required by the Ballot Question 1:

According to a letter from the FBI to Nevada, “the recent passage of the Nevada legislation [Question 1] regarding background checks for private sales cannot dictate how federal resources are applied.” Furthermore, Nevada is one of 12 states with a state-run background checks system and does not depend on the FBI to perform existing background checks.[1]

The FBI suggested that the Nevada Department of Public Safety’s Criminal History Repository (CHR) conduct the background checks of private-party sales and transfers. However, Attorney General Laxalt concluded that such a move would violate the initiative’s language.

[marktwain]

If Hillary had been elected, She would have ordered the AG and the FBI to "find a way" to make this happen.

With Trump being inaugurated, that will not occur.

[Elvina]

Another reason to be thankful today!

[x1stcav]

Winning another victory.

[Reno89519]

Good, I don’t think people were remotely prepared to follow this law here in Nevada anyway. With Trump taking office in a couple hours hopefully we’ll see reset of 2nd amendment rights and clear out all of these state and local infringements.

[hal ogen]

LIB moonbats once again prove that they should never be given any power or authority. What useless putzes.

[relictele]

Gee, Wally, ‘common sense’ sure does have a lot of subsections and paragraphs!

[i_robot73]

So, it only matters that it be ENFORCEABLE, never mind it being Constitutional....Unless it border\immigration\etc.

Banana Republic. Got it.

[marktwain]

Finding it unconstitutional did not happen because it was never tested in court.

It was never tested in court because it is a dead letter. The law is a nullity the way it is written. It requires what cannot be required. The unconstitutional part, I suppose, occurred when the FBI said that as a State government, you cannot force a federal agency to do what you want.

Separation of powers, basic federalism.

[umgud]

2 Questions;

1. How would this have ever worked without some form of registration?

2. What are the options for NV in this regard?

[Skybird]

Hoisted by their own ballot legalese...

[marktwain]

1. How would this have ever worked without some form of registration?

---

It would have “worked” as intended. The point was never to prevent “bad guys” from getting guns.

The intent was to create a regime where every legal gun had to be accounted for to an individual. The entire idea of the law is not to stop “bad guys” from getting guns. The idea is to push the ball forward to the point that any gun *not registered* is illegal.

“Universal Background Checks” is just code for pushing “Universal Gun Registration”. It does not do it all at once, but it moves the ball in that direction.

[umgud]

THX

[Scrambler Bob]

Mark 4 Later

(That’s not a: LATER, Mk4)

[mad_as_he$$]

Next battle is mag limits. The Dem controlled legislature meets in a few weeks and they are pushing mag limits.

[USCG SimTech]

Use the hammers of federal law force the states to back off and allow all American citizens liberty of their second amendment. Forced and enforced liberty against oppression by state or local governments.