By David Codrea
USA – -(Ammoland.com)- “[T]he FBI has refused to conduct background checks on transfers as required by Question 1, and Nevada Attorney General Adam Laxalt has confirmed that until the FBI changes their position, his office will not be enforcing the law that was set to be enacted just days from now,” Don Turner of the Nevada Firearms Coalition reported in a late Wednesday email alert.
“[T]he recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied,” Kimberly Del Greco of the FBI’s Criminal Justice Information Services Division informed the Nevada Department of Public Safety in a Dec. 14 letter, meaning the FBI would not allow intermediaries to run background checks as required by the Act. Based on a resulting department clarification request to Laxalt on how to proceed, the attorney general concluded “citizens may not be prosecuted for their inability to comply with the Act unless and until the FBI changes its public position and agrees to conduct the background checks consistent with the Act.” (See correspondence here, posted by the Reno Gazette Journal.)
“We commend Attorney General Laxalt for his acknowledgement that this is a deeply flawed and unenforceable law,” Turner continued. “The Nevada Firearms Coalition and our PACs have been outspoken opponents from the beginning, and we thank Attorney General Laxalt for this significant win for the 2nd Amendment.”
This is both an astonishing development as well as a setback for the Michael Bloomberg/Everytown-spearheaded edict ending (“legal”) private transfers in the Silver State. It shows once again that those demanding more disarmament are so eager to impose new gun laws they don’t even check to make sure new infringements will be workable in light of existing ones.
The Question 1 ballot measure was in itself something of a revelation about the scope of “fake news” surrounding the gun issue, as the “gun control” lobby and media narrative was that Americans, including most gun owners, overwhelmingly favored such measures. In reality, the heavily-funded Question 1 passed by less than one percent of the vote and failed in every Nevada County except Clark (see side graphic).
“Because of your support, we’ve been able to fight Question 1 at every turn, repeal handgun registration in Clark County, expand our rights under the Castle Doctrine, and support Campus Carry legislation, and we’re not done,” Turner wrote, concluding with a plea for support so Nevada Firearms Coalition can continue and expand on its work.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.
In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.
David,
I try to avoid scribd … if possible.
So, I went to the source:
https://ag.nv.gov/Publications/Opinions/
https://ag.nv.gov/uploadedFiles/agnvgov/Content/Publications/AGO_2016-12.pdf
Now THIS looks mighty fine… a perfect textbook example of nullification. Nevada’s AtG is smart enough, and cares enough, to quickly find a good excuse to hang it on, and steps up to the plate, swings, and knocks it out of the park. Too bad Washington’s AtG Bob Ferguson the commie (and I mean that in the true sense of the word, the economic not the political) hadn’t the stones to do likewise. FFL’s in Washington are faced with the same thing, but so far NICS have not said they won’t dedicate their scarce manpower to be running BGC on… Read more »
I am not familiar with nevada law, but is anyone from nevada? What is the process for overturning the bloomberg proposition? Can another prop be put on the ballot in two years? Can the state house/senate pass a bill overturning it?
according to the Las Vegas Journal, Clark County is the only county that approved the measure, all other counties voted against it..the measure won by 10,000 votes..the Legislative session begins Feb., 6 the people in all counties need to contact their Rep and vote against..if they dont..they get what they deserve
The rich liberal Goodie Two Shoeser types that push this sort of legislagive foolishness aren’t concerned with or about the loss of jobs, and as for the illinformed souls who are deluded into voting for such proposals, they seemingly lack understanding, and the critical thinking capability necessary to see past the smoke.
Has the law actually been enacted? I suppose that a state cannot compel the FBI, aka Fumbling, Bumbling Incompetents to take any particular, but that might well work both ways too. Otherwise, what did the people in Nevada actually vote in favor of, and in passing, was the thing posed in English or was it posed in “lawyerese”? More questions later perhaps.