SB 143 is the attempt to fix the fatal flaws to 2016’s Question 1 Universal Background Check ballot question that would have banned private sales. This was the bill that they attempted to introduce in secret and passed to the surprise of gun owners.
Question 1 was deemed unenforceable by Attorney General Adam Laxalt because the FBI refused to conduct the checks for Nevada, as there was no funding for them. Nevada has its own Point of Contact center in Carson City that runs firearm background checks for sales/transfers by dealers. The proponents of Question 1 knew that the voters would not pass the law if they were going to be charged for background checks, so the proponents wrote that everything would go through the FBI. They did not check and see if the FBI would do this for free. This was confirmed by a district court opinion.
SB 143 will make it illegal for private persons to sell, lend, or transfer firearms among each other. All sales, gifts, and temporary transfers will have to go through a licensed dealer, who will charge for their time to transfer the firearm. An ATF Form 4473 will be required, which can later be tracked as a form of gun registration. The next logical step is gun registration maintained every time a gun is sold or transferred, as in California.
Article 19, Sec. 2, 3. of the Nevada Constitution prohibits the legislature from amending, annulling, repealing, setting aside, or suspending a ballot question for 3 years from when the ballot question takes effect (in this case, Jan 1, 2017). Common understanding would mean that they must wait until Jan. 2, 2020 to “fix” the law, but they are acting under the interpretation that they can pass it now and it will be effective after the deadline. SB 143 is unconstitutional. Sadly, our corrupt Supreme Court which clearly does not care too much for gun rights will likely side with their cronies next door.
Interesting find in the Nevada Revised Statutes:
“This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.” NRS 202.254, 202.2541, 202.2543
Numerous studies have shown that background checks don’t actually keep criminals from getting guns and gun show or Internet classified ads don’t account for the majority of where criminals’ guns come from. This will make it illegal for a boyfriend to give his girlfriend a gun or for hunting buddies to lend each other their rifles. It will make it easier for the future tyrannical government that is obviously one or two elections away to identify who owns what guns and take them.
The Nevada Legislature, aside from a true handful of them and Gov. Sleestak are corrupt, amoral self-serving politicians desperate to virtue signal and cover up the Bloomberg group’s mistake. They have egg on their face, a desperate Democratic party to please, and will do anything to make it look they have an interest in stopping crime. Make no mistake; a law like this will be exploited to harm you, jail you, or kill you in the future.
Predictions: SB 143 will pass out of committee despite opposition on a party-line vote.
Further on background checks as they stand today.
Tell the legislators how you feel! Be sure to select SB 143. "Oppose!"