Nevada Attorney General Says Question One Background Check Law ‘Unenforceable’

Mayor Bloomberg (Photo nydailynews.com)
Nevada Attorney General Says Question One Background Check Law ‘Unenforceable’ – Feeling the 20 million dollar burn yet,  Mayor Bloomberg? (Photo nydailynews.com)
National Rifle Association Institute For Legislative Action (NRA-ILA)
National Rifle Association Institute For Legislative Action (NRA-ILA)

Fairfax, VA – -(Ammoland.com)- Yesterday Nevada Attorney General Adam Laxalt issued an opinion on Nevada’s new “universal” background check law, saying the initiative, as written, is “unenforceable.”

This is what happens when you allow uninformed, out-of-state lobbying groups that prey on people’s emotions to write your laws. NRA Nevadans for Freedom has been saying all along that this poorly written initiative was drafted without any input from Nevada law enforcement.

Not a single sheriff supported Bloomberg’s Question One.

The director of the Nevada Department of Public Safety, James Wright, requested the formal opinion from the Attorney General on two questions:

“First, does the Background Check Act allow the Nevada “Point of Contact” program to perform background checks for private-party sales or transfers of firearms conducted by federal firearms licensees? Second, if the Department is legally authorized to perform these checks, may it charge fees for doing so?”

Laxalt, responded “no” to both questions, stating the Act was written in such a way that all private transfer background checks must be conducted by the federally administered National Instant Criminal Background Check System, or NICS, as opposed to being conducted through the Nevada “Point of Contact” system.

Nevada’s “Point of Contact” system checks applicant names through both NICS as well as the state database of prohibited persons.

As the Reno Gazette-Journal explains, “When someone buys a gun from a federally licensed dealer in Nevada, the dealer contacts the Nevada Central Repository. Someone there runs the name through a number of databases, including those for state mental health records and misdemeanor domestic battery convictions.”

The new law was written so that dealers cannot access the state system, and must rely solely on the federal process. Initiative supporters avoided utilizing the state system because had they done so, Question One would have required the filing of a fiscal note, explaining to voters how much the new background checks would cost the state.

The FBI recently sent a letter to the Nevada Department of Public Safety saying, in short, that the FBI would not conduct background checks on private firearms transfers as called for in the new law. In the letter, the FBI noted that the State of Nevada “… cannot dictate how federal resources are applied.”

Laxalt concluded his opinion by stating that because the FBI would not conduct the checks, the law is “unenforceable” and, therefore, “citizens may not be prosecuted for their inability to comply with the Act….”

There does not appear to be an easy fix to this over-reach by Question One’s proponents. Under Nevada State law, laws passed by ballot initiative cannot be altered for three years.

As we review the Attorney General’s opinion more closely, we will provide more insight into how law-abiding Nevadans should proceed when making a private firearms transfer under the new law.

About:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

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Tog
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Tog

they should just have a judge declare it unconstitutional.

Alan
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Alan

Re Mayor BLoomberg and his antics, one thing stands out in my mind. As I understand things, correct me if I’m wrong, Bloomerg got caught red handed, up to his eyebrows in activities that would have had Mr., Mrs. Or Ms. Ordinary Citizen up to their eye teeth in Federal Law Enforcement types, they being the ATF, more properly, the BATFE. He got away with that, and seemingly has graduated to trying to shove his idiotic ideas down the throats of an ever larger segment of the population. How come he enjoys such generous it’s of treatment from the forces… Read more »

Eric_CA
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Eric_CA

Anyone know how this effects the other two states that passed Bloomturd’s gun control laws?

Eric_CA
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Eric_CA

And ….. the grand finale! LOL!

“There does not appear to be an easy fix to this over-reach by Question One’s proponents. Under Nevada State law, laws passed by ballot initiative cannot be altered for three years.”

Eric_CA
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Eric_CA

The more I read …. the better it gets:

“Initiative supporters avoided utilizing the state system because had they done so, Question One would have required the filing of a fiscal note, explaining to voters how much the new background checks would cost the state.”

Eric_CA
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Eric_CA

Ha ha ha ha ….. I love it!

Ron H
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Ron H

Nevada Attorney General Adam Laxalt is probably feeling insulted that his title and the picture of Bloomturd are at the top of the story. People might think that ugly puss is him.

Robert Thomas
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Robert Thomas

I cannot wait for Bloomturd to contract incurable cancer, preferably a fast moving and extremely painful type. This asshole is a pox on the country. His speedy death would be welcomed.

The Mechanic
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The Mechanic

“Bloomturd” Good one lmao….

ron
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ron

the easiest repeating firearm to make to make from scratch is a machinegun.

Pistol Pete
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Pistol Pete

Bloomberg has a team of armed guards to protect him, I did say ARMED. Bloomberg does not care if you get hurt or killed. He is using his money to force his will on other people, and it must be going to fatten his wallet some how if the people are disarmed.

Pete
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Pete

No law has EVER prevented crime.

Timothy K. Toroian
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Timothy K. Toroian

Bloomberg should be beaten with a club so he can learn first hand that firearms aren’t the problem, PEOPLE are.

Fred
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Fred

Bloomberg knew perfectly well what he was doing. The goal isn’t background checks, it’s making transferring weapons impossible. He didn’t count on the AG from refusing to even try and enforce it. Look for Bloomberg to try apply political pressure on the Nevada AG to try and enforce it.

Jim
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Jim

Hey Bloomberg, did you ever hear of St.Jude Hospital? Just think of all the good you could have done using the same money there. Don’t give up your gun rights people, just ask someone from Austraila what happened when they did. No one will publish the problems they had after and now. Bloomberg is a good example what happens when someone has too much money. By the way, when are you going to Chicago and get that fixed with all your laws. Don’t see him in any place having a problem, just the LAW ABIDING SIDE. Guns are being made,… Read more »

Reginald Hafner
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Reginald Hafner

The Trump family donated thousands to St Jude’s this month while Bloomberg attacks honest citizens. So typical of Democrats.

CB54eed a good laxitive.
Guest
CB54eed a good laxitive.

Very well said. Studies have shown and proven that liberals are the stingiest when donating money to worthy causes. I believe the last state poll I saw had about 7 of the top 10 states to be blue states and some of the poorest states to have a higher donation per capita than the rich elitist states. Bloomberg is just a butt buddy of Soros and it does my heart good to see them waste money trying to control other peoples lives. St. Judes would’ve been a very worthy cause, since they survive on the goodness of peoples hearts, but… Read more »