Posted on 12/29/2016 4:57:56 AM PST by rellimpank
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.
The opinion issued by the office of Republican Attorney General Adam Laxalt left gun enthusiasts elated and proponents of background checks reeling from the blow of another setback — the second since 2013 when a bill requiring universal screenings was passed by the Legislature but vetoed by Gov. Brian Sandoval.
Backers are now turning their sights to the 2017 Legislature, while others expressed hope that the state and FBI can work out a compromise.
(Excerpt) Read more at reviewjournal.com ...
If Adam Laxalt is anything like his dad, he’s a good man.
Background check for private sales, please.
Ooops!! His mom is the Laxalt. His dad is Pete Domenici. And we are two generations removed from the great Paul Laxalt. Tempus Fugit.
Super duper! Great news. Bloomberg threw all his anti- American money down the drain. ( His business “news” radio stations have been pumping out a steady anti- Trump
Propaganda barrage too )
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Lawyers are told “never ask a question you do not know the answer too.” Officers are told “never give an order you know will not be obeyed.” Without a gun registration list, this law is unenforceable because no one will know.
In Colorado they passed the 15 round magazine law but at least they grandfathered those already owned, unlike Mexifornia. 90+% of sheriffs told lawmakers they would not enforce and unsuccessfully sued to overturn it. Ergo unenforceable law. So it only affects new gun owners. Buy an AR, get a 10 round magazine. Go home put in the spare holster drawer and grab 1 of 20 30 rd Magpul mags you got before the ban and you are set.
So much for ‘common sense.’
Truly unenforceable. If I were to sell an old gun to a relative or private citizen today, who’s to say the transaction didn’t take place before the law went into effect?
Here’s what puzzled me; How could they have ever enforced this without registration?
You've got it backwards....the purpose of the check is to slowly build up a gun registration list by a back-door method. As ignorant gun-owners put firearms through the check, a paper trail will come into being for every (or at least most) guns. Only those never put through the check will remain "un-trailed". Then they will confiscate.
As far as I actually know and have seen, the NICS checks don’t specifically indicate the serial number of the gun. It’s been a long time since they actually ran one for me on a gun purchase, but I remember the checks not having the SN.
I quit having to get the NICS on purchases because the CWL in my state serves as the check. Just fill out the Form 4473 - and they are retained by the dealer until they get a warrant/order for it by serial number from the authorities (i.e., like that used in a crime where the weapon was recovered) or surrender them when they go out of business.
we should be judiciuce with what needs a background check otherwise it becomes only about pushing paperwork
Good news. Hadn’t seen anything on how it would apply. Sad that Clark County could drag the state into this mess. Hopefully President Trump can work with Congress to set some national-level laws to make 2nd Amendment equally recognized in every state and city, preempting idiots from creating more unenforceable and unconstitutional state and local laws. Especially in regards to California, just five miles from me.
Stupid California Liberals are trying to ruin Nevada!
He has his mother’s last name instead of his father’s?
https://www.atf.gov/firearms/qa/how-long-are-licensees-required-maintain-atf-forms-4473
I’ve listened as the FFL holder does the NICS check on me. They’re asked long-gun or hand-gun?, plus name, SSN or other identifier, DOB, etc., but not the make, model, caliber, or SN of the weapon(s), things which are on the 4473. The form 4473 has to be kept under current law/regulation for at least 20 years and surrendered when the FFL holder retires. This of course could be changed at any time, by Congress, Court, or Executive order (assuming there is no one who will fight an unlawful order or unconstitutional law or lower court ruling). So these could become the basis of a registration system, easily. I wish they had to be destroyed after the transaction is concluded (the weapon is transferred to person filling out the form 4473). Otherwise, they’ll be around to do damage with.
Mainly the “private sales background checks” are designed to hinder the free exercise of the 2nd amendment outside of government control, even if the proponents tell you that the checks are to keep weapons from being transferred to those who under a formal NICS check would be denied the transfer.
But more to the point, the myth of “no background check required on private sales” is just that, a myth. It’s just not a formal thing with government oversight and records. When I do/have done private transfers, I did/do the check or had/have it performed on me, as required by state law: are the from and to participants of the transfer both legal residents of the state in which the transfer is occurring, does each have a current state DL and shares it with the other (to prove the residency), is the recipient for any reason forbidden from buying or possessing a weapon (felon, judged insane, court order forbidding weapons). If anything seems hinky to me, I don’t do the transfer. Could I be lied to? Sure, but that’s on the other party, not me.
All IMHO and experience, of course, and I don’t play an attorney or LEO on TV or anything.
From Wikipedia:
Laxalt is the son of former U.S. Senator Pete Domenici (R-NM) and Michelle Laxalt, the daughter of former Nevada Governor and Senator Paul Laxalt (R-NV).
During the 1970s, Domenici fathered an out-of-wedlock child with Michelle Laxalt, a 24-year-old Republican staffer and lobbyist, the daughter of Republican Senator Paul Laxalt.
The child, Adam Laxalt, was not publicly acknowledged by Domenici until 2013. At that time, Domenici acknowledged that Laxalt was his son was a result of the affair and said: "I deeply regret this and am very sorry for my behavior."
However.
But more to the point, the myth of “no background check required on private sales” is just that, a myth
This is NOT a myth in Georgia - there are no pre-conditions on private sales except that a person has to be 21 in order to purchase a pistol.
:)
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