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NV DEMS INTRODUCE GUN CONTROL BILL SB143

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NV DEMS INTRODUCE GUN CONTROL BILL SB143

February 13, 2019

Rob Lauer Political Reporter

The new law proposed by Democrats would require private gun sellers to transfer their guns to new buyers through local gun stores. The gun store would be allowed to charge for the transfer under the purposed law. So for example, if a person had a gun they wanted to sell for $150 a gun store could charge $100 to transfer that gun to a buyer. There are no limits on what gun stores can charge in the bill. Under similar laws in California, many gun stores have stopped doing private transfers all together.

Summary:

Repeals, revises and reenacts provisions relating to background checks for certain sales or transfers of firearms. (BDR 15-755)
Title:
AN ACT relating to firearms; repealing, revising and reenacting provisions relating to background checks for certain sales or transfers of firearms; prohibiting a fee from being charged for certain background checks; requiring a licensed dealer of firearms to conduct a background check before a private party sale or transfer in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Introduction Date:
Monday, February 11, 2019
Fiscal Notes:
Effect on Local Government: No.
Effect on the State: Yes.
Digest:
Existing law concerning background checks for the sale or transfer of firearms is contained in The Background Check Act, which was proposed by an initiative petition and approved by the voters at the 2016 General Election. (NRS 202.2531-202.2543) Pursuant to the Nevada Constitution, as an initiative petition approved by the voters, The Background Check Act is not subject to legislative amendment or repeal until after November 22, 2019. (Nev. Const. Art. 19, § 2) To date, The Background Check Act has not been implemented because the Attorney General issued an opinion that a licensed firearms dealer cannot contact the National Instant Criminal Background Check System directly as the Act requires before the sale or transfer of a firearm that is being sold or transferred by a private party. (Att’y Gen. Op. 2016-12 (Dec. 28, 2016)) Therefore, section 9 of this bill repeals all of the provisions of The Background Check Act and reenacts the provisions without the requirement to make that direct contact. Section 10 of this bill makes the provisions effective January 2, 2020, which is after the date on which The Background Check Act may be amended or repealed. Section 2 of this bill establishes a short title in statute to allow the provisions to be cited as The Background Check Act. (See NRS 202.2531) Section 3 of this bill sets forth the findings and declarations regarding The Background Check Act. (See NRS 202.2533) Section 4 of this bill provides definitions for certain terms used in The Background Check Act. (See NRS 202.2535) Section 5 of this bill requires a licensed firearms dealer to conduct a background check on a person who wishes to buy or receive a firearm from an unlicensed person, but removes the requirement that the licensed dealer contact the National Instant Criminal Background Check System to perform the background check. Instead, section 5 requires a licensed dealer to contact the same agency the dealer would otherwise contact to conduct a background check if the dealer were selling or transferring the firearm from his or her own inventory. (See NRS 202.254) Section 6 of this bill provides certain exemptions from the requirement to conduct a background check when a private person is selling or transferring a firearm. (See NRS 202.2541) Section 7 of this bill sets forth the penalties for selling or transferring a firearm in violation of The Background Check Act. (See NRS 202.2543) Section 8 of this bill prohibits the Central Repository for Nevada Records of Criminal History from charging to perform a background check on a person who wishes to purchase or receive a firearm from an unlicensed person.
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