NV’S BAN ON PRIVATE GUN TRANSFERS COMING HOME TO ROOST-SB143

March 21, 2020

Rob Lauer Political Reporter

On January 1, 2020, SB143 became law. The new Nevada law makes it a crime to sell, transfer and or loan a firearm to a friend or neighbor without first going to a gun store and conducting a background check through the State of Nevada’s Background check system. But with most gun stores stripped bear and the state background check system shut down, folks cannot legally buy a gun from a private party. Gov. Sisolak’s State of Emergency Order applies to gun stores and all non essential government offices including the background check system.

Today we see why every citizen has the right to bear arms. But that must include a right, especially under extreme conditions as we are wittiness today, to acquire firearms. If desperate people break into homes and loot businesses, the police cannot protect all 3 million citizens. You are on you own.

Liberals have argued for years that the 2nd Amendment of the U.S. Constitution dose not really say that citizens had a right to private gun ownership. They argue the 2nd Amendment was written to support and allow local State run militias to retian firearms. Well the good people who drafted the Nevada State Constitution made it very clear in our Constitution stating in Article 1, section 11 “Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.”

Since 1864, the law has recognized the right of Nevada gun owners to transfer their firearms to other citizens without a background check. Today, right now, we have that right. No, that right is not clearly defined in Article 1, Section 11 of the Nevada Constitution, but it falls under Article 1, Section 20 of the Nevada State Constitution which reads “Rights retained by people.  This enumeration of rights shall not be construed to impair or deny others retained by the people.” The drafters of the State Constitution made it very clear, that the people retained rights even if those rights were not written into the State Constitution. That means that if the Nevada State legislature wants to take away any rights that now exist it must seek an amendment to the Nevada State Constitution, including requiring background checks for the transfer of firearms between private citizens.

DIRECTLY FROM THE NEVADA STATE CONSTITUTION

The Nevada constitution was framed by a convention of delegates chosen by the people. The convention met at Carson City on July 4, 1864, and adjourned on July 28 of the same year. On the 1st Wednesday of September 1864, the constitution was approved by the vote of the people of the Territory of Nevada, and on October 31, 1864, President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equal footing with the original states.

Article 1

Sec. 11.  Right to keep and bear arms; civil power supreme.

      1.  Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.

Sec: 20.  Rights retained by people.  This enumeration of rights shall not be construed to impair or deny others retained by the people.