Private guns sales/transfers require a dealer background check effective Jan. 2, 2020.
Generally, you CANNOT buy a gun online. Californians cannot buy guns out of of state.
Generally, you CANNOT buy a gun online. Californians cannot buy guns out of of state.
STOP: If you are a first time gun owner, make sure you get basic firearm operation and safety training. Understand the firearm safety rules and how your gun operates. Failure to use a gun safely can result in death or serious injury. Never point a gun at anything you are not willing to shoot. Read this news article about a woman who shot and killed her three year old so because didn't know how to use a gun safely. Guns are not magic objects that will keep you safe; they are a deadly weapon. You wouldn't drive a car if you didn't know how, so don't buy or handle a gun if you don't know how to use one.
How Dealer Gun Sales Work
Once a person has selected the firearm they wish to purchase, the person will be given a Form 4473 to fill out. This form must be filled out exactly. Typos on this form account for the number one 'violation' of licensed dealers. A copy will be made of your Nevada ID and your concealed firearm permit (CCW) if you have one. If you have a valid permit, you are exempt from having a background check done, because if you were a prohibited person, your permit would have been confiscated by the sheriff.
The dealer then calls the Nevada Point-of-Contact (POC) managed by the Dept. of Public Safety. This is an in-state background check, with access to more local records, than the FBI NICS system. Both ultimately draw from the same pool of data maintained by the Dept. of Justice. The POC staffer will tell the dealer to proceed with the sale, to deny the sale (the buyer is a prohibited person), or that there is a delay.
Denial: The buyer is not permitted to own or purchase firearms--a prohibited person (see above). It is illegal for them to attempt to purchase a firearm.
Delay: This entails an up to three (3) day wait. The FBI expects most denials to be resolved within one (1) day usually. If a person has a clean record, a delay may be due to prohibited person having a similar name and the NICS examiner needs to conduct a more thorough search. A delay is not necessarily a disqualification. If a delay is not resolved in three (3) days, the firearm may be sold to the buyer.
Appeals in the case of denial/delay can be made.
Valid concealed firearm permits issue in Nevada on or after June, 1, 2011 are considered by the ATF to be permanent alternatives to the instant background check. (Note that the initiative would not permit this as an exemption for the private sales background check requirement).
The dealer then calls the Nevada Point-of-Contact (POC) managed by the Dept. of Public Safety. This is an in-state background check, with access to more local records, than the FBI NICS system. Both ultimately draw from the same pool of data maintained by the Dept. of Justice. The POC staffer will tell the dealer to proceed with the sale, to deny the sale (the buyer is a prohibited person), or that there is a delay.
Denial: The buyer is not permitted to own or purchase firearms--a prohibited person (see above). It is illegal for them to attempt to purchase a firearm.
Delay: This entails an up to three (3) day wait. The FBI expects most denials to be resolved within one (1) day usually. If a person has a clean record, a delay may be due to prohibited person having a similar name and the NICS examiner needs to conduct a more thorough search. A delay is not necessarily a disqualification. If a delay is not resolved in three (3) days, the firearm may be sold to the buyer.
Appeals in the case of denial/delay can be made.
Valid concealed firearm permits issue in Nevada on or after June, 1, 2011 are considered by the ATF to be permanent alternatives to the instant background check. (Note that the initiative would not permit this as an exemption for the private sales background check requirement).
Age Qualifications
For dealer purchases only:
Persons under 21 may own handguns, but with private sales being illegal and federal law limiting dealer sales to 21, the firearm must be obtained under an exemption to the private sale/transfer law (usually a gift from a relative).
You cannot be Californian. Californians must have state-approved firearms shipped to their dealer in California. (No Nevada or federal restrictions to buy ammo, magazines, or accessories here, though California law may disallow import of those items). CALIFORNIA BUYERS, VISIT THIS PAGE FOR DETAILS ABOUT BUYING AMMO OUT OF STATE.
- To purchase a handgun; you must be 21 or older. This includes handgun ammo;
- To purchase a rifle or shotgun; you must be 18 or older. This includes rifle ammo and shotgun shells.
Persons under 21 may own handguns, but with private sales being illegal and federal law limiting dealer sales to 21, the firearm must be obtained under an exemption to the private sale/transfer law (usually a gift from a relative).
You cannot be Californian. Californians must have state-approved firearms shipped to their dealer in California. (No Nevada or federal restrictions to buy ammo, magazines, or accessories here, though California law may disallow import of those items). CALIFORNIA BUYERS, VISIT THIS PAGE FOR DETAILS ABOUT BUYING AMMO OUT OF STATE.
Who cannot own a gun?
Federal Prohibited Persons
Additionally, Nevada law prohibits sales to minors, and sales to felons, fugitives, mentally ill, illegal aliens, and those who have been convicted of misdemeanor domestic violence. Existing state law also gives one the means to conduct their own background check for private sales. But some feel that we need more laws, as they incorrectly assume criminals will obey the law.
Current federal law prohibits:
- A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
- Persons who are fugitives of justice
- An unlawful user and/or an addict of any controlled substance
- A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs
- A person who, being an alien, is illegally or unlawfully in the United States.
- A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
- A person dishonorably discharged from the United States Armed Forces.
- A person who has renounced his/her United States citizenship.
- The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner.
- A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
- A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
Additionally, Nevada law prohibits sales to minors, and sales to felons, fugitives, mentally ill, illegal aliens, and those who have been convicted of misdemeanor domestic violence. Existing state law also gives one the means to conduct their own background check for private sales. But some feel that we need more laws, as they incorrectly assume criminals will obey the law.
Current federal law prohibits:
- Unlicensed 'street dealers'
- Selling or transferring firearms or ammunition to someone while "knowing" or having "reasonable cause to believe" the buyer is a prohibited person.
- Fraudulently buying a firearm on behalf of another; 'straw purchase' (not a gift).
Gun Registration
There is no gun registration in Nevada. There hasn't been "blue cards" (handgun registration) in Clark County since 2015. You do not need to register a gun a relative gives you. If you bring a gun in from California or whatever, there is no need (or way) to register it in Nevada. Gun registration simply does not exist out west except in California. When you buy a gun, all that is recorded is the original purchase of the buyer, which is not (strictly speaking) gun registration.
I heard 80% receivers and my Polymer80 pistol is now illegal; what do I do?
AB 286 (2021) banned 80% receivers and lowers, including the assembled firearms. Several lawsuits have been filed. The actual ban does not take effect until January 1, 2022. This law is practically unenforceable and is facing several lawsuits.
AB 286 (2021) banned 80% receivers and lowers, including the assembled firearms. Several lawsuits have been filed. The actual ban does not take effect until January 1, 2022. This law is practically unenforceable and is facing several lawsuits.
Private gun sales
Can I Buy a Gun Online?
What is the procedure to buy or sell a gun privately?
Effective January 2, 2020, private gun sales/transfers are banned. The old process of meeting in a parking lot or wherever is illegal.
1. Meet at the dealer
Presumably, you either know each other or this is in regards to an ad on Armslist, a gun forum, etc. Arrange to meet at a licensed gun dealer who will run the background check (typically, this will be a local store, not a chain like Walmart, Bass Pro Shops, Cabelas, or Sportsman's Warehouse).
2. Go inside the dealer's shop
Make sure the firearm is unloaded and preferable the action is locked back and secured with a zip tie, lock, or chamber flag. Check to see if the dealer has any special procedures before going in. Inform the dealer you are there for a private party background check. You will fill out the ATF form 4473 and a call will be placed to Carson City for the background check regardless if you have a CCW or not.
3. Exchange money for gun
Once the background check is approved, exchange money and gun. Go home. The firearm is now traceable via the form 4473s, but is not registered.
Effective January 2, 2020, private gun sales/transfers are banned. The old process of meeting in a parking lot or wherever is illegal.
1. Meet at the dealer
Presumably, you either know each other or this is in regards to an ad on Armslist, a gun forum, etc. Arrange to meet at a licensed gun dealer who will run the background check (typically, this will be a local store, not a chain like Walmart, Bass Pro Shops, Cabelas, or Sportsman's Warehouse).
2. Go inside the dealer's shop
Make sure the firearm is unloaded and preferable the action is locked back and secured with a zip tie, lock, or chamber flag. Check to see if the dealer has any special procedures before going in. Inform the dealer you are there for a private party background check. You will fill out the ATF form 4473 and a call will be placed to Carson City for the background check regardless if you have a CCW or not.
3. Exchange money for gun
Once the background check is approved, exchange money and gun. Go home. The firearm is now traceable via the form 4473s, but is not registered.
All statute info taken from SB 143 (2020) and nearly identical language available from Question 1 in the NRS Ch. 202.
Details about universal background checks
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. 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.
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.
- 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).
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 (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.
What are the exact relatives that do not require a background check to sell/transfer a gun to?
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, roommates, boyfriends or girlfriends (even if you live together), or ex-spouses.
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.
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.
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.
Private sales/transfers
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.
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.
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.
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.
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 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.
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.
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.
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.
Private Sale FAQ
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.
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.
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.
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:
- To relatives: (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);
- 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).
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.
I'm from California, can I buy a gun in Nevada (or any other state, for that matter)?
No. Just no. And we know what you're thinking and no.
Since California enacted the full-retard ammo ban, can I buy ammo in Nevada?
Yes, but what you do with it after is your business and your risk. Beginning Jan 1. 2018, it is illegal to import ammunition into California. See text of Prop 63 or this article for details. That means while you can buy it here, you can't bring it back into California. However, it is perfectly legal to use high capacity magazines and ammo in Nevada. California laws cannot be enforced outside of California. Be aware that California law enforcement surveilles Nevada gun shows and retailers to later trail and arrest Californians with prohibited magazines (and presumably ammo now) once back across the border.
No. Just no. And we know what you're thinking and no.
Since California enacted the full-retard ammo ban, can I buy ammo in Nevada?
Yes, but what you do with it after is your business and your risk. Beginning Jan 1. 2018, it is illegal to import ammunition into California. See text of Prop 63 or this article for details. That means while you can buy it here, you can't bring it back into California. However, it is perfectly legal to use high capacity magazines and ammo in Nevada. California laws cannot be enforced outside of California. Be aware that California law enforcement surveilles Nevada gun shows and retailers to later trail and arrest Californians with prohibited magazines (and presumably ammo now) once back across the border.
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I got denied for a gun purchase. What do I do?
Visit the state POC webpage first, then the NICS Brady Check FBI appeals page, state denial reason request form here. Contact an attorney. Nevada Carry cannot provide legal advice. Don't ask. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Nevada Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please don't email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
Anyone over the age of 18 who is legally able to possess a firearm may own a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. When private sales were legal, 18-20 year olds could purchase handguns privately. Now, persons under 21 may own handguns, but with private sales being illegal and federal law limiting dealer sales to 21, the firearm must be obtained under an exemption to the private sale/transfer law (usually a gift from a relative).
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
How do background checks work?
Learn about the dealer sale background check system (NICS or Brady Check).
Do I have to register my guns?
No. Changes to state law recently eliminated the Clark County 'blue card' handgun registration laws. See this page for details.
The ATF Form 4473 is not a registration form in the common sense of gun registration. Yes, it can be used to track down the gun owner, but it is not a gun registry when we talk about California or Australian style gun registration. The ATF Form 4473 is basically just a receipt of who the dealer sold the gun to and that a background check was done. If a gun is sold or transferred, there is no paperwork that needs to be done to show that it changed hands (excluding universal background checks).
Is there a three day wait to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
I live with a felon. Is it illegal for me to have guns in the house? Can they get in trouble?
Generally, as long as they do not use the guns and do not have access to them (locked in a safe), there is no violation of the law. If you knowingly permitted them to have access, then you would be breaking the law. United States v. Booth found that "constructive possession exists when a person knowingly has the power and the intention at a given time of exercising dominion and control over an object or over the area in which the object is located." Or put another way, "if it can be shown that you have the ability to access and exercise control over that firearm personally or through another individual, then you could be considered to have constructive possession of the firearm." See also 18 USC 922.
Visit the state POC webpage first, then the NICS Brady Check FBI appeals page, state denial reason request form here. Contact an attorney. Nevada Carry cannot provide legal advice. Don't ask. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Nevada Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please don't email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
Anyone over the age of 18 who is legally able to possess a firearm may own a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. When private sales were legal, 18-20 year olds could purchase handguns privately. Now, persons under 21 may own handguns, but with private sales being illegal and federal law limiting dealer sales to 21, the firearm must be obtained under an exemption to the private sale/transfer law (usually a gift from a relative).
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
How do background checks work?
Learn about the dealer sale background check system (NICS or Brady Check).
Do I have to register my guns?
No. Changes to state law recently eliminated the Clark County 'blue card' handgun registration laws. See this page for details.
The ATF Form 4473 is not a registration form in the common sense of gun registration. Yes, it can be used to track down the gun owner, but it is not a gun registry when we talk about California or Australian style gun registration. The ATF Form 4473 is basically just a receipt of who the dealer sold the gun to and that a background check was done. If a gun is sold or transferred, there is no paperwork that needs to be done to show that it changed hands (excluding universal background checks).
Is there a three day wait to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
I live with a felon. Is it illegal for me to have guns in the house? Can they get in trouble?
Generally, as long as they do not use the guns and do not have access to them (locked in a safe), there is no violation of the law. If you knowingly permitted them to have access, then you would be breaking the law. United States v. Booth found that "constructive possession exists when a person knowingly has the power and the intention at a given time of exercising dominion and control over an object or over the area in which the object is located." Or put another way, "if it can be shown that you have the ability to access and exercise control over that firearm personally or through another individual, then you could be considered to have constructive possession of the firearm." See also 18 USC 922.
I smoke marijuana. Is it legal for me to own a gun?
No. Under federal law, you are an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule. Marijuana in any form, even medicinal, is illegal under federal law, which does not recognize medicinal uses or state laws. Users of marijuana are prohibited persons. Checking 'no' on question 11(e) on the Form 4473 would be a lie if you use marijuana. See this ATF letter on the topic.
No. Under federal law, you are an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule. Marijuana in any form, even medicinal, is illegal under federal law, which does not recognize medicinal uses or state laws. Users of marijuana are prohibited persons. Checking 'no' on question 11(e) on the Form 4473 would be a lie if you use marijuana. See this ATF letter on the topic.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Nevada does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Nevada does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.