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Nevada Carry Blog
For full archive, see the Blogspot archive

Private Gun Sales Post SB 143

2/18/2019

 
SB 143 does not take effect until Jan. 2, 2020, unless back-room shenanigans take place or the unreliable Supreme Court finds some way to contort the law. Stocking up via private sales should take place as soon as possible; don't delay.

SB 143 essentially implements Question 1. The chief difference is that SB 143 requires private background checks use the state, rather than the FBI system. Dealers will still charge for their time to run the checks and do the paperwork, which will run $25-100.
The Brady exemption for CCW holders that applies to dealer sales/transfers now, will not apply to private background checks. This creates a two-tired system for background checks at the dealer.
​
Dealer retail sales (or receiving an online purchase shipped to the dealer)
  • No CCW; pay $25 background check fee, get sale called into Carson City
  • CCW holder; no background check fee, no call to Carson City, fill out Form 4473 only. This is a federal exemption.
Private sales/transfers (face-to-face)
  • No background check fees for anyone, but all sales called into Carson City, , fill out Form 4473 only
  • CCW holders get no exemption from the call into Carson City , fill out Form 4473.
  • Dealer may charge a fee for his time to make the call and do the paperwork (same as receiving an online purchase).
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. 

​
The exemptions to the law are:
  • Sales/transfer to a law enforcement agency or any peace officer, armed security guard, federal official, or member of the armed forces (for on-duty purposes only; peace officers are not automatically exempt).
  • An antique firearm as defined by 18 U.S.C. § 921(16);
  • Sales or transfers to a relative (spouses and registered domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles,
    nieces and nephews). Note this does not include cousins, boyfriends, or girlfriends (even if you live together).
  • Transfer to an estate/trust upon the owner’s death.
  • Temporary transfers would also be allowed at an established shooting range ("established" is not defined);
  • At a competition;
  • At a public performance by an organized group; or
  • While in the presence of the owner (you cannot leave the borrower alone with your gun).​

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. There is no provision to do background checks through law enforcement. 

How Gun Sales Will Work After Jan. 2, 2020

Picture

How to Borrow a Gun after Jan. 2, 2020

Picture

How Not to Get Caught Making an Illegal Private Sale

The law is basically not enforceable unless you or the other guy makes a confession, runs his mouth, or the other party is a snitch/undercover cop. 
  • Don't be a felon, prohibited person, or intending to commit violence
  • Don't sell to an unknown person who is or might be a scumbag
  • Deal only with a known friend who isn't going to rat you out
  • Don't put anything in writing (text, email, online post) about not getting a background check
  • If you put anything in writing, write to the effect you are meeting at X-Y-Z dealer for the purpose of a background check
  • Meet in the parking lot of a gun dealer between 8AM-6PM
  • Don't do a bill of sale and use cash
  • If contacted by police, admit nothing. Make no statement. Police essentially have to have a confession.
  • If you have to say anything, say you got a background check, but never say where you supposedly got one. 
  • If you must say when you bought it, say you don't remember the date but prior to when the law became effective.
  • They'll have to check all 700+ dealers in Nevada to eliminate reasonable doubt to convict you.
  • Never talk to the police
  • Publicly identify known snitches or people trying to entrap law-abiding gun owners
  • Never register anything

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  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
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