DOES NEVADA’S CONCEAL CARRY POLICY VIOLATE FEDERAL AND STATE LAW BY BEING A DE FACTO GUN OWNER’S LIST?

DOES NEVADA’S CONCEAL CARRY POLICY VIOLATE FEDERAL AND STATE LAW BY BEING A DE FACTO GUN OWNER’S LIST?

August 14, 2016

Under Nevada law, if a gun owner wants to carry their firearm concealed from public view they must take a class and demonstrate their ability to safely operate their firearm. Then the gun owner must submit to a background check administered by their local police department. The Police Department then issues a CCW ID card with the gun owner’s name and address, usually within 6 months of filing the proper paperwork. The CCW takes the place of future Brady Background checks and allows the gun owner to purchase guns without any further backgrounds while the CCW is valid. NEWSMAXTV LAS VEGAS learned, according to sources, the list of CCW card holders/gun owners is not only stored by Law Enforcement agencies in a computer data base but the list is also turned over to the DMV.

Brady Bill:

Section 1028(d)(1) of this title) of the transferee containing a photograph of the transferee. ‘‘(2) If receipt of a firearm would not violate section 922 (g) or (n) or State law, the system shall— ‘‘(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.

The State of Nevada also prohibits any agency from maintaining any gun owner registry.

The question is, does Nevada’s CCW database of gun owners violate the Brady Bill Section 1028? If State Law Enforcement agencies are storing the names of CCW holders, who are all gun owners, in a computer database then certainly the storage of any such list may infact violate State and Federal law? Remember local Police Departments are conducting Brady Bill background checks when a gun owner applies for a CCW.

Rob Lauer

Political Contributor