What is a universal background check?
It is a misnomer that means it is illegal to privately sell or transfer a firearm between individuals. Private sales/transfers must be processed by a licensed dealer, who will enter the firearm into the record via an ATF form 4473, and will call Carson City for a background check (on the buyer).
Where do I go to complete a transfer?
A federally licensed firearm dealer (FFL). This is usually a local gun store, not a large retailer like Walmart that sells guns. If you want to use a large retailer for a private transfer, check to see if they do them, their policies, and their fees.
Can I call the background check in/is there a website/can I mail in something?
No, you must go to a licensed dealer.
Can I still advertise online?
Yes. 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.
Can I still sell at gun shows?
Yes. You would meet the gun at a dealer's table for them to process the background check and paperwork.
How much does it cost?
The state does not charge $25 for a private background check (only on purchases from dealer inventory or guns shipped to dealers). However, a dealer can charge a transfer fee usually $25-30 at reputable dealers, but up to $100 or more, for their time.
Are concealed firearm permittees (CCW holders) exempt?
No. Concealed firearm permittees must go through the background check, including the call to Carson City and the ATF form 4473, like everyone else. The Dept. of Public Safety's position is that the Brady Exemption for regular retail purchases does not apply to private transfers.
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.
Are Curio & Relic (C&R) licensees exempt?
No, except antique firearms as defined by 18 U.S.C. § 921(16); pre-1899 firearms in other words.
Do we need to fill out a bill of sale?
No. You got a background check done, right? If you didn't and you kept a bill of sale, you are stupid for keeping a written record of a crime.
Does the seller need to get a background check?
No, only the buyer. Unless the buyer cannot pass the background check, then the dealer technically has to do a background check on the seller (owner) to get his gun back.
Can I get a gun transfer done at the police station?
No. Under the law, you must visit an FFL.
Does Metro do blue cards?
No, "blue cards" haven't been a thing since 2015.
Can I give a gun to my relative?
Yes. 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).
Can I give a gun to my boyfriend/girlfriend?
Not legally without a background check.
What are the other exemptions?
The other exemptions to the law are: An antique firearm as defined by 18 U.S.C. § 921(16); 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).
Who gets in trouble if we don't get a background check and get caught?
The seller, not the buyer (as long as they are not a prohibited person). A first offense is a gross misdemeanor and the second offense is a felony.
What if I ignore the law?
Hope you don't get caught in a sting or sell to a scumbag who will break the law later so detectives trace the gun back to you and discover there was no background check.
Do I need to register the gun in the new owner's name?
No. There is no gun registration in Nevada. It doesn't matter if your gun was registered in California or not. There is no gun registration and nothing you need to do (legally) other than the background check.
If I'm under 21, how do I buy a handgun if it's illegal for a dealer to sell/transfer one to me?
Have an exempt relative gift you the gun or file a civil rights lawsuit for age discrimination.
What if I want to let my friend borrow a gun?
You cannot lend a gun to someone without a background check except in very narrow circumstances. What are the chances of someone finding out? Well, if you and your friend aren't criminals and don't break the law, probably nothing. The borrowing ban is to prevent gang members and criminals from giving each other guns and saying that it was legal since they didn't transfer permanent ownership. Exemptions to lending guns are:
There is also an immediate danger exemption, which reads more like "Okay, since that cougar is stalking us and my leg is caught in a bear trap, you take my handgun and go down to the truck and drive back up to me," or "Take my shotgun and go guard the front door while I check out that noise outside," rather than "Girlfriend, I know your abusive ex is trying to kill you, so borrow my revolver when you go to work tomorrow." The lending must only be in the face of immediate danger and only as long as the immediate danger exists.
I live under a rock, why didn't I hear about this before?
Because you are stupid or just moved from California recently. Perhaps you are like Rip Van Winkle and have been asleep since 2013 when they first tried for this law.
When did this take effect?
January 2, 2020. Question 1's implementation was nullified by an attorney general's opinion in 2016. The Legislature was technically supposed to wait until at least November of 2019 to change the law, but Nevada is corrupt. The Legislature voted back in February and they made the effective date the day after Question 1's three-year modification freeze expired.
What does 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.
I'm from out-of-state. Can I buy a gun privately?
Handguns need to be transferred through a dealer in your home state. Long guns can be sold by a dealer to a non-resident, save for California residents, as long as all home state laws are complied with. See ATF page here (#2). Long guns may be transferred or purchased through a dealer from private parties, however some persons and dealers may not be comfortable with the sale and may request to ship to a dealer in your home state.
Will I get in trouble for not getting a background check on private sale?
If you are not a criminal, don't do anything stupid, and you and the other party keep your mouths shut and out of trouble, it's unlikely anyone will ever know.
What about our free background checks from the state we got in 2015?
The poorly written law removed that exemption. The Department of Public Safety (DPS), as a public service, is now waiving its $25 background check fee (for those without a CCW) for voluntary background checks on private sales or transfers done through a dealer. Read more here.The private party background check will be free from the Nevada NICS fee ($25), but dealers may charge for their time.
Who supports this law?
Anti-gun leftists like Michael Bloomberg who provided campaign donations through various gun control groups and PACs to get legislators to vote for the law. 2016's Question 1 passed only in Clark County, winning statewide with less than 1% of the vote. There is no mandate for this law. Nevada was essentially manipulated into it.
Will this lead to a gun registry?
Eventually yes. If all guns must be sold/transferred through a dealer, the dealer transaction can be tracked and logged. This is the first part in a gun registration system where guns are tracked by their sale/transfer through a dealer. We anticipate future laws where either the state keeps an electronic record of the sale (like California's DROS) or federal law where the form 4473s are entered into a searchable electronic database.
Clayton E. Cramer
Gun Free Zone
The War on Guns
The View From Out West