On December 28, 2016, Attorney General Adam Paul Laxalt (R) said the initiative could not be enforced due to the refusal of the FBI to participate in the expanded background checks. Question 1 was designed to require background checks for firearm transfers between unlicensed individuals, also known as private-party sales, which would take place through the FBI’s National Instant Criminal Background Check System (NICBCS). According to a letter from the FBI to Nevada, “the recent passage of the Nevada legislation [Question 1] regarding background checks for private sales cannot dictate how federal resources are applied.” Furthermore, Nevada is one of 12 states with a state-run background checks system and does not depend on the FBI to perform existing background checks.
The FBI suggested that the Nevada Department of Public Safety’s Criminal History Repository (CHR) conduct the background checks of private-party sales and transfers. However, Attorney General Laxalt concluded that such a move would violate the initiative’s language. The CHR is responsible for other background checks in Nevada. He stated, “The Act is very specific that the only background check it authorizes for a private sale or transfer is directly through the FBI.” The relevant text of the initiative read:
Much pointing of fingers and blame shifting ensued. And a judge dismissed the gun-grabbers’ attempts to force the issue via the courts.
But #gunsense means never having to accept a legal decision that goes against you. So now . . .
Attorneys for a group of gun control advocates are appealing a decision by a Clark County judge dismissing their attempt to force the state to implement a voter-approved initiative requiring background checks on most private gun sales or transfers.
A notice filed Wednesday in Clark County District Court states that backers of Question 1, the 2016 ballot measure, plan to appeal Judge Joe Hardy’s August ruling that the state could not be forced to implement the initiative, given the FBI’s refusal to handle background checks that the initiative said the bureau must carry out.
It must be tough being a billionaire and you don’t get your way 🙁
Hell, if I was a billionaire, I’d get my way. Of course, my way would be to do whatever the hell I want and leave everyone else alone.
If I had Bloomberg’s money, I’d burn mine and then spend my time enjoying life vs getting overly involved in any political issue. Of course I would be a 2A supporter!
Yo, Mikey! Why don’t you spend some of that money feeding your constituents and their kids!
UBCs…and who is going to oversee them? Who will prosecute the cases when it does not happen?
What happens if too many black/brown young men get arrested for failing to comply?
It would be great if we could access an instant check system via a phone app or computer…for free or minimal fee ($5 or so). Maybe include a photo as well, for good measure. Maybe even take photo of license and finger prints as well…above and beyond.
Maybe it should also check to see if buyers and sellers are in the USA illegally, too. Right?
We already have that in Illinois, but the bangers still get their guns.
Or they were hoping that all gun sales would be effectively blocked, rather than the measure being rendered unenforceable.
Hoping? There is already case law there that states impossible laws cannot be enforced.
NV is also part of the 9th Circuit, which has yet to slap down California enacted impossible to comply with laws…
In this case, though, the appeal is from a state superior court and will be decided by a Nevada Court of Appeal, not the Ninth Circus.
Danny…..except for the micro stamping law in commiefornia.
The initiative won with less than a 1% margin. The anti-gunners even admitted that if they had written the proposal so that Nevada had to perform the checks themselves it would have cost the state money and the measure would have failed.
The judge and AG are correct, you can’t change the wording of the measure after it was voted on.
f nevada gun control t**ts, stfu & gtfo
We all need to shut up right now and let these people shoot themselves in their own foot.
FBI background checks involve something called “default process,” where if they do not come back with a failure to pass the background check within a specific amount of time (3 days?) it defaults to “pass,” and you get to buy the gun.
If the FBI refuses to accept these background checks at all, they can’t ever deny them, and after 3 days, federal law states that default process takes effect.
Please don’t screw this up and let them know how to fix their mistake before it’s too late.
That’s not a worry. They know where they screwed up and they already know how to fix it. The problem is they know that they only have one bite at the apple and throwing another $20 million at this the second time won’t work. It’ll fail second time around.
Just so, and not even just because of the cost, or because they now are exposed as the clowns they are. The more attention drawn to proposals like this, the more time allowed for consideration, the better the voters understand it, the less likely these things pass. Deliberate consideration is ultimately the enemy of all the left’s goals. Once people understand what is really going to happen, how, and at what cost, the appeal of the ideals of the left simply evaporate.
Don’t forget about us in Washington state
VOTE NO ON I-1639
keep it fresh in your minds.
Keep hammering against gun control.
The rhetoric and actions of the enemies of liberty, given they are our countrymen, are both humiliating and shameful. Humiliating that a state law could be expounded and enacted while so woefully flawed as to be impossible to comport or enforce, and shameful that citizens of a free state would willing demand a dangerous usurpation of their own liberty.
Perhaps we, the people of the United States, need a two-state solution: Give those that want it a sovereign state of their own, bereft of constitution, tradition and even reality, if they so choose, and allow them to prosper or fail, live or die by their own consciences and devices.
The more obvious problems aside, such would result eventually in a failed state within our borders.
Further, one can imagine the complaints of the leftist states that the influence of liberty, from the remaining free states, upon their citizens was the cause of discord and dystopia within their borders. This was the argument for the construction of the Berlin wall, though not in so many words. As it turns out, no one chooses tyranny, or communism for that matter, so long as alternatives exist. No one that is except the American left. Then again, when one is no longer constrained by science, history, natural law, logic, reason, or even the hard bounds of reality, what could possibly result but chaos and disorder. Order is the stuff of life, for what are we but intensely complex little bundles of exacting order? Likewise, disorder is death, being that the slightest derangement of our anatomy, chemistry or even temperature results in the collapse of the whole? It is this way with civil society and even civilization its self; it depends on a fragile order, easily upset, and once deranged, like the body, cascades downward toward disorder and death.
It can be said that the left adores intentions while the right hold results precious. When infected, an ill intended dose of penicillin beats a well meant hammer to the skull anytime though. The body politic is much the same; intentions mean nothing in the face of results, and just as a little medicine does the body good, too much can prove fatal. Thus, even when, as occasionally happens, the left is correct in its directions, its scope and pace are deleterious to the whole body. More often though, it seems the left is intent on gouging out the eyes because what they behold is ugly to them, and likewise they would destroy the body because it is imperfect. Just what it is they believe will replace our fragile and admittedly flawed republic isn’t at all clear, but that they are intent upon its destruction for the barest chance m, however unlikely, of some improvement in this way being made is clear enough, and is likewise reason enough to stay their hands and oppose their motions where ever and whenever possible, by any means necessary.
Atlas Shrugs, the Sequel?
Good job, you put the stupid advertising right over the wording. I guess I didn’t need to read the article after all.
They must really feel STUPID having spent all that money on something even a Moron would know if they had even read 1 paragraph on how things work here.
We need to put on the ballet that ALL background checks should be Free since it is a constitutional right & those that fail and/or lie on the 4473 be fined 5-8k instead of prison (which they don’t do anyway). It’s only fair the costs get spread to everyone in the state for this since I have to pay for all the F**king illegals in this state!