Nye County passed a resolution, 2019-39, on New Years' Eve to confirm their status as a Second Amendment Sanctuary County. As part of the resolution, the county will not use public funds to support gun control. Sheriff Werhly also has stated in the past that she will not enforce the background check laws.
While Nye County deputies may not be enforcing the law, this does not preclude the state Attorney General's office from prosecuting. It is not known if the Nye County district attorney will investigate or prosecute violations. Cross-county jurisdictional investigations are also a possibility. Stay tuned for how this will play out.
See this 8 News Now story for more.
Yes, you can carry a gun at a church, temple, mosque, or synagogue in Nevada. There is no law restricting carry at a house of worship.
This includes LDS churches following the "request" of church leadership that members not carry. This edict only has the force of law in Utah.
In Nevada, if a church elder (someone with the authority to tell you what you can and can't do) tells you to disarm or leave, failure to do so would be trespassing. It's the same principle as at a store or a casino.
If the church has licensed child care facility or a school on the premises, only that part of the building would be off-limits to carry. Our understanding is that this would not apply to Sunday school.
There is nothing special about places of worship that keep them safe. For Christians in particular, Jesus promised persecution and strife for following him, and also advocated selling clothing to buy a sword if one wasn't armed. Danger and evil can strike at any place at any time, and with houses of worship being targeted, it is irresponsible not to carry there.
@Breaking911 on Twitter shared photos in a tweet this weekend claiming that Orthodox Jews were openly carrying AR-15 and "high capacity" magazines in the aftermath of several anti-Semitic attacks recently. The photos were taken in Rockland County, NY, apparently outside a temple or synagogue. The photo has not been verified.
Five people were stabbed Dec. 28th at a rabbi's home as they celebrated Hanukkah in Monsey, NY. A shooting that killed 4, including police officers, and injured 3 others outside a kosher deli occurred earlier this month in Jersey City.
The rifles in the photo do not appear to be New York compliant and open carry in such a manner in New York is illegal. There is no word if police are investigating or there will be prosecutions. I don't see persecuting Jews who want to protect their worship service with fiat-forbidden guns flying politically in New York.
At this point, with several anti-Semitic attacks and the recent church attack in Texas, whether it is legal or not, worshipers should be willing to take their defense into their own hands when government fails them or denies them that right. Self-defense is inalienable a right as the right to religious liberty. Perhaps through "too hot to tough" non-compliance gun control can be shown as the lie it is.
From the Elko Daily article:
“For us to get your guns, there has to be due process,” Sheriff Aitor Narvaiza said Monday.
First of all, the ban on private gun sales/transfers begins January Second, not the First. If you want to buy/sell privately on New Year's Day, go ahead. Visiting the dealer for a background check become mandatory on Thursday, January 2nd.
So-called universal background checks are merely the outlawing of private gun sales and transfers that have been done since firearms were invented. Most crime guns come from sources that would not be regulated by this law. Private sale bans are intended to create a transaction record which can later be used to establish a gun registry. We know that gun registration leads to confiscation.
The universal background check law was vetoed in 2013, approved by less than 1% by Clark County voters alone in 2016, and invalidated when the FBI refused to process the checks for free. SB 143 in 2019 was rammed through the Legislature and signed inside of a week, violating the constitutional requirement to wait three years from enactment (01/02/2019) before altering or amending the law.
What will the universal background check laws do?
It requires a private person wishes to sell a firearm to another private person, they must first appear in person at a licensed dealer who will conduct the background check through the existing federal NICS protocol. Sales can still be arranged online and at gun shows. Between the request of the background check and the actual sale/transfer of the firearm, the licensed dealer takes possession of the firearm. If the background check is delayed or denied, the owner needs a background check to get the gun back from the dealer.
This creates a two-tired system for background checks at the dealer.
Dealer retail sales (or receiving an online purchase shipped to the dealer)
The exemptions to the law are:
Those are the only exemptions; there are no other exemptions whatsoever. Sales/trades between CCW holders are not exempt from this law and must proceed to the dealer as above (though the Nevada Firearms Coalition is disputing this). Curio & Relic (C&R) 18 U.S.C. § 923(b) licensees are not exempt and MUST obtain a background check from a licensed dealer.
If the background check is free, why am I paying for it?
The background check is free, but you are paying the dealer for his time to make the phone call and deal with the paperwork. This fee is the same if you order a gun online and have it shipped to the dealer, usually $25-30 at reputable dealers, but up to $100 or more. Regular retail sales are charged the $25 background check fee, and if an online sale, the dealer's time fee.
As stated above, the Brady Exemption for CCW holders currently does not apply to private sales/transfers.
Non-private sales (new guns and online buys)
Retail gun sales are when someone purchases a gun "off the shelf" from the dealer's inventory. This also includes online purchases where the gun is shipped to one's dealer of choice. An ATF form 4473 is always required when a dealer sells or transfers a gun to you.
Dealers are required under federal law to conduct a background check unless you have a NV resident concealed firearm permit (CCW). This is called the Brady Exemption because you've already been vetted and your CCW is generally revoked and confiscated if you are ineligible to possess a gun. CCW holders only fill out the form 4473; there is no phone call and no $25 background check fee.
Non-CCW holders must pay $25 (to the dealer who pays the state) to call Carson City for the background check. If the gun is in the dealer's inventory, no other fees (excluding taxes) are paid. In the case of an online transfer the total cost can be $50 or more.
Prior to this law, nothing prohibited a seller from requiring a background check on a dealer. The DPS would even run a free background check via mail. Private sales/transfers could always go through a dealer who would run a background check; this would be exactly like when someone on Gunbroker ships a gun to a buyer's dealer. Very few people in Nevada did this because a face-to-face sale is cheaper and easier.
Starting Jan. 2, 2020, most private sales will be required to go through a dealer for a background check (see exemptions above). The dealer must call Carson City for the background check. For private sales and transfers, the $25 background check fee is waived. At this time, DPS does not consider CCW holders exempt from the background check. They must fill out the form and wait on the phone call (NVFAC is challenging this).
While the background check is "free" (this was basically a lie to get support for the law), the time of the dealer is not free. Most reputable dealers charge $25-30 for a transfer, though many charge much more.
The law is practically unenforceable
The law provides no enforcement mechanism to ensure compliance with private sales background checks. The law is a feel-good measure at best that would not be enforceable, except by entrapment, sting, or confession. Nothing in it would actually prevent criminals from getting guns, just outlaw private sales, and curtail one of the many freedoms that Nevada sees fit to give its citizens.
Many illegal sales will go on, and the already illicit transfers between criminals will continue as if nothing changed. Here's how not to get caught if you decide to ignore this unconstitutional, worthless law. Ignore this law at your own risk, but non-compliance with a bad law is a personal choice to make.
Without someone confessing there was no background check or a sting operation, it is practically impossible to prove a violation. All you have to say is that you did obtain a background check and it’s up to the prosecution to prove you didn’t; that’s hard to do. The most important thing to remember is to remain silent and do not discuss anything with the police. Request an attorney. All you have to say is that you did get a background check in compliance with the law. Not where, when, who the gun came from, etc. (or vise versa, if you sold it). The police and prosecutor must prove their case; that's the beauty of innocent until proven guilty.
Nevada currently has approximately 740 licensed FFLs. There are 365 days in a year. Remember that FFLs keep their records in their "bound book" per ATF regulations. Some may have converted to electronic bound books if issued a variance by the ATF, but this is not yet the norm. That means someone has to physically go and paw through their bound book and possibly the 4473 forms at each dealer to prove that a record does not exist. So they would have to reasonably ensure that they inspect every record at every dealer in the state.
If law enforcement/prosecution do not check every dealer or check every record, they leave the door open for the defense to create a reasonable doubt that the one record at the one dealer that they did not inspect could be the form proving that the background check was completed. Remember that by federal law, the NICS system may not be used to create a registration of firearms or gun owners. This means that under federal law the identifying records on their end must be destroyed after the background check is completed. The man-hours required to attempt to prosecute a single violation of this law would be ridiculously prohibitive.
How to Legally Borrow a Gun in Nevada
Legally, one cannot lend a firearm to their boyfriend/girlfriend without a background check. Very close friends and non-exempt relatives must also obtain a background check. Remember, legally you have to get a background check on yourself when getting your gun back. This is highly unlikely to be enforced.
How not to get caught breaking the law
First, don't be a scumbag or be involved with scumbags. Like most gun laws, the people arrested for breaking the laws are ones that shouldn't have a gun in the first place and doing things that tend to draw a lot of police attention.
Know who you’re dealing with. Ideally, sell between friends to avoid a sting operation. Do a little research if this person isn’t a stranger to make sure they aren’t a cop, investigative reporter, or an anti-gun activist. Does their email show their full name? Can you find a Facebook profile? Lookup their phone number. Be aware that at a gun show an undercover cop could be hovering right over your shoulder or you might be buying from one. Don’t get stung.
If it’s an online ad, only discuss the gun, the price, and where to meet via email, text, or messenger. Agree to meet in a public location “to make arrangements on which licensed dealer to use.” Do not discuss online or via text message not going to a dealer. Those words could come back to haunt you. Conduct your sale in a discreet location where no one is likely to call the police because they see a gun and cash. Be smart and never actually say anything out loud that, if recorded, could be used against you in court, such as “So is it okay if we don’t go to a dealer to get a background check?”
Discuss the price of the gun, show your CCW or license, but do not fill out a bill of sale or allow the other person to copy down your information. Exchange the money and gun. Make as few references to selling the gun or breaking the law as possible. One cannot beat video footage of handing off a gun in exchange for cash, but one can make an audio only recording ambiguous. The idea is to create reasonable doubt in the mind of a judge or jury.
Don’t sell to someone sketchy. If they seem like a criminal or up to no good, pass on the sale. Don’t risk aiding a criminal because of a stupid law. Use your head like you’ve always done.
Defenses in court
If you are arrested, do not talk to the police. Remain silent. Demand an attorney, even if it is a public defender. Police can and will use anything you say to use against you. They cannot make you contradict yourself later in court if you don’t provide a statement to them to begin with. Never, ever talk to the police (more examples below).
Keep in mind that you are innocent until proven guilty in a court of law. This means that it is the duty of the prosecution and by extension, the police, to prove that you have committed a crime. What would be the crime they would be enforcing? The crime would be failing to obtain a background check. The police have to have probable cause that you did not comply with the law in order to arrest you for failing to get a background check.
Then the prosecutor has to prove beyond a reasonable doubt that you haven't completed a background check. It's difficult enough proving that you actually did do something, let alone trying to prove beyond a reasonable doubt that you did not do something. Keeping in mind that you are innocent until proven guilty; you don't have to tell them what FFL you used to get a background check. You don't have to tell them what date you transferred the firearm.
You are free to exercise your Fifth Amendment right against self-incrimination—do exercise it. The entire onus of the investigation lies with law enforcement and the prosecution. Don’t start talking to the police when they begin asking questions or waive your Miranda rights. Again, it is entirely up to the prosecution to prove that you did not indeed go to a dealer. You don’t have to “help” them by telling them anything. The more you talk, the tighter the net your words will weave to trip you up. You can’t explain anything away or throw them off the trail.
From a tipster, spotted on Blue Diamond. Why are they saying "kindly" if they don't want you to openly carry at all? How about posting a sign that states "please kindly refrain from engaging in a mass shooting?"
Remember, signs in Nevada have no force of law, but if they ask you to leave, disarm, or conceal, you must.
Thanks, murdering and attention seeking asshats for ruining it for us all.
I've been quite critical of Nevada journalists, even getting into it with deceptive eye candy from Fox 5 that used us. So-called journalists in this state generally are intellectually lazy and dishonest (I'm just a lazy writer with no editor and I'm open about my biases, so there). Our newspapers and TV news exist mostly out of habit and for advertising sales. It's rare that quality journalism is done.
Victor Joecks, of the Las Vegas Review-Journal, is not only an excellent commentator with a realistic out look. In his article from Dec. 21, he points out that journalistic integrity and curiosity is dead (and talks about guns).
In May 2018, I wrote a column headline, “The three questions Sisolak, Chris G. won’t answer.” The first question was, “How do you define assault rifles/weapons?”
Good points. Victor, thanks for being the best damn print newspaper reporter in the state and probably the best journalist, online or print, in Nevada. Keep up the good work.
Tall nails get hammered down. Washington state Representative Matt Shea, a conservative Republican Christian, is facing calls to resign and potential expulsion from the Washington state Legislature because he supported the Bundy stand-offs and resistance to federal encroachment in the West (known as the Patriot movement). A legislative report is calling his support tantamount to terrorism.
Shea is not currently accused of any crimes or actually engaging in terrorism. Most participants were not convicted and the only person who died was killed in a bad shoot by the FBI. Former Nevada Assemblywoman Michelle Fiore is also called out for her support.
The Democrats obviously hate (and fear) this kind of thing and the Republican party is so cucked they are scared too. Whatever you think about the Bundy protests, it's pretty clear that the mainstream political parties have no stomach for any form of active resistance against tyranny. A politician who shows support and engages in the peripheries of these activities are just too frightening for them.
We have a congressman who threatens to nuke people for owning guns, massive numbers of totally corrupt politicians at every level that go unprosecuted, the Trump coup, the impeachment farce, and Hillary Clinton's crimes she gotten away with, and these clowns are worried about a guy who thinks armed revolt in the future is possible? With politicians who refuse to drain the swap, it's inevitable.
Rep. Shea will be a casualty in the run up to the next civil war. By their actions calling for Shea's resignation, the Washington Republican caucus has shown they will be ill-relevant when armed resistance to tyranny begins. There is not going to be a political solution if the caucus is afraid of a man who is looking to the future. Everyone is so fearful of getting their hands dirty, hell, not even that, just merely having bad things said about them in the media, that they won't engage in even the piddling little protests.
Supporters of these Second Amendment sanctuaries take note. Without politicians, sheriffs, and deputies who are willing to face punishment for refusing to obey evil laws, the ordinances and resolutions are just engaging in fantasy. Now the first civil war was a farce to begin with, but imagine just how stupid the honor-obsessed Southerners would have looked if they seceded but never put an army in the field?
I predict a future where politicians run scared when funding is cut or state/federal law enforcement investigate them. In Shea's case, he's nothing more than a floor vote until he probably gets kicked out of office. He's defiant, but many, many others will cave when facing sanction, jail, or worse. You will have to fight for your rights.
Don't be tall nail that gets hammered down. Be the rusty one hiding in the grass waiting for some barefoot fool.
We've had the guns of Star Wars, the guns of Die Hard; so why not the guns of the 1964 classic Rankin & Bass Rudolph the Red Nosed Reindeer. Of course, this is an exercise in fun, not identifying that the Mandalorian uses a Bergmann 1896, the second or third semi-auto pistol in commercial production.
I mean it's a kid's movie, not an apologetics course in arguing that Rudolph's nose is red, either because of alcoholism, bio-luminescence, or a genetic condition where the ordinarily black nose is pigmented red like a weird form of albinism (the song doesn't specify why Rudolph's nose is red, just that it is, and the glow is speculation from "some" who "even say it glows." Or maybe his sick parents installed a red LED in his body powered by electrical nerve conduction as a grand scheme to get their son on the sleigh team.
Anyhow, it's a 1960s production, so guns are not verboten as they are in modern toys and ornaments of the characters.
The bumbling prospector Yukon Cornelius is with a bone handled revolver in his belt. Since it's a stop-motion children's Christmas cartoon, the detail isn't great, but it looks like the gun is modeled after a Colt Single Action Army. The grip appear to be stag, which were popular with Western actors since the 1920s and commonly seen in the Westerns at the time. Contemporary Gunsmoke showed Marshal Matt Dillon with bone handled Colts and the heydey of the Western was just ending then.
Cowboy Who Rides an Ostrich
This gun isn't quite so visible, but from the stock and the backstrap, it looks to be modeled on something else. Since this game is mostly imaginary (it's not like they paid that much detail to the guns when making the characters), I'm calling it a Smith and Wesson Model 3 or a Merwin and Hulbert Large Frame "Army" Revolver. The stock doesn't have the same square shape as the Colt nor does it look like a birdhead's grip. Also note the extra frame behind the hammer.
Water Pistol That Shoots Jelly
The second martial toy on the Island of Misfit Toys is a water pistol that shoots jelly. Why no one washed him out and put in water, I don't know. King Moonracer seems to have some issues and the UN needs to pay him a visit. Are the Soviets keeping him in power to maintain a secret base in the Arctic to spy on Santa Claus? Anyhow, the gun looks to me like a Welrod. I'm sure it's just a really generic "gun" design, but I want it to be a Welrod.
I hope you had a little fun and may you receive something Democrats want to ban this holiday season. Merry Christmas and Happy Hanukkah.