Background check initiative Question 1
Everytown for Gun Safety founded by (ex-NYC Mayor) Bloomberg, contributed $3,263,759.17 in cash and $488,346.66 worth of in-kind donations in support of this initiative.
Sheriff Allen of Washoe County has said/written “Question 1 would mean more gun restrictions on law-abiding Nevadans.” “…while doing nothing to stop criminals or make us any safer.”
Read the full text of Question 1 for yourself. The actual text would constitute the law, if passed, not the incorrect assertions by its supporters, some are quoted below.
Mike Haley, former Washoe County Sheriff, has written “…it only closes the loophole and requires background checks on gun sales with reasonable exceptions for family, hunting and self-defense.” “…without impacting the rights of law-abiding gun owners to own, keep, share, buy and sell guns.” “There are also exceptions for those in imminent danger and in need of self-defense.”
Question 1 deletes from NRS 202.254 - Private person authorized to obtain background check on person who wishes to obtain firearm; no fee to be charged for background check; immunity from civil liability.
Requiring instead: A (Federal Firearms License (FFL)) “licensed dealer” who agrees to facilitate a transfer must comply with all requirements of state and federal law as though transferring the firearm from the licensed dealer's own inventory, except that the background check must be run through the federal rather than state background check system, and can charge a “reasonable”, though undefined fee. If passed, those found to be in violation of the law (selling or voluntarily transfers) would be charged with a "gross misdemeanor," which could result in a $2,000 fine, up to one year in prison, or both, depending on the results of a trial by jury.
These are some of what are referred to as “reasonable exceptions”:
3. The sale or transfer of a firearm between immediate family members … means spouses and domestic partners and any of the following … whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.
5. A temporary transfer of a firearm … if (a) is necessary to prevent imminent death or great bodily harm; and (b) last only as long as immediately necessary to prevent such…
6. (c) such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively:(i) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located. (iv) While hunting or trapping if the hunting or trapping is legal in all places where the transferee posses the firearm and the transferee holds all licenses or permits required for such hunting or trapping: or (v) While in the presence of the transferor.
These are a few of the many problems I see, with this poorly written and previously vetoed law: Broad and undefined, the meaning of “transfer” which includes temporary rather than specifically either gift or sale. In-laws aren’t listed, family “means” (by) blood and marriage only. Divorce or death can negate that long held special (legal) relationship rendering them instead a “legal stranger”.
Removal of the ability to reasonably and prudently inquire, as currently available with NRS 202.254, to achieve a background (criminal) check prior to a transfer (sale or loan) of a firearm.
By criminalizing reasonable access to a firearm before or after, a critical lifesaving incident, to legally prevent imminent death or great bodily harm.
If you have another; appraise, engrave, gun-smith/repair, or clean and you’re not present then it must first go through a “licensed dealer” (FFL).
Losing the ability to “safe-keep” firearms for/by a friend, neighbor, or extended family in a common-sense, responsible, and reasonable manner, whether locked or secured, without waiting on an agreeable and available FFL.
Nevada CCW permit holders currently have the long fought for NICS exemption after going through a thorough background check by the issuing county’s Sheriff’s office. By this statute both (CCW Permittee’s) would have to appear in person at a “Licensed Dealer” for a previously accomplished and exempted NICS done in accordance with Nevada’s agreement with the BATFE.
Firearms of course include: derringers, single shot – pistols, rifles, and shotguns, over/under- rifles and shot guns, capacity limited hunting – rifles and shotguns, survival, target and completion - some very expensive.
Criminals break the laws, Law abiding citizens follow them. How will this onerous initiative stop criminals from stealing, otherwise illegally acquiring, or misusing firearms in unlawful endeavors when it’s already illegal for them to be acquired, possessed or used that way?
Please vote NO on Question 1 in November.
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