Looks like the new background check law in Nevada is on hold for a while at least.
The FBI decided they don't have the resources to do all the extra checks required by the law, so they are declining to participate.
"The main reason given by the FBI for why it would not conduct the check is that “the recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied.”"
This makes the new law completely unenforceable according to the state's Atty. General.
For regular retail sales Nevada FFLs don't talk to NICs directly, but send the query to the state's Central Repository, which checks internal records as well as with NICS.
But the gun control groups that sponsored this referendum never worked with state law enforcement about how the process actually works, and seem to have just assumed the checks would be done solely by NICS.
This left the new law (which only passed by about 1% or under 10,000 votes) in limbo when the FBI refused to support this unfunded mandate.
The icing on the cake is that the law itself stipulates that legislators cannot change any of the wording in it for three years after it goes into effect. So it's not even legally possible to amend it next session so it could then be enforced.
If the FBI doesn't change their mind (and under Trump why should they?) Bloomberg's most expensive victory in 2016 will sit on the books for three years, totally useless.
Great article with all the details here:
http://www.rgj.com/story/news/politics/2016/12/28/nevadas-expansion-gun-checks-blocked/95924384/
The FBI decided they don't have the resources to do all the extra checks required by the law, so they are declining to participate.
"The main reason given by the FBI for why it would not conduct the check is that “the recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied.”"
This makes the new law completely unenforceable according to the state's Atty. General.
For regular retail sales Nevada FFLs don't talk to NICs directly, but send the query to the state's Central Repository, which checks internal records as well as with NICS.
But the gun control groups that sponsored this referendum never worked with state law enforcement about how the process actually works, and seem to have just assumed the checks would be done solely by NICS.
This left the new law (which only passed by about 1% or under 10,000 votes) in limbo when the FBI refused to support this unfunded mandate.
The icing on the cake is that the law itself stipulates that legislators cannot change any of the wording in it for three years after it goes into effect. So it's not even legally possible to amend it next session so it could then be enforced.
If the FBI doesn't change their mind (and under Trump why should they?) Bloomberg's most expensive victory in 2016 will sit on the books for three years, totally useless.
Great article with all the details here:
http://www.rgj.com/story/news/politics/2016/12/28/nevadas-expansion-gun-checks-blocked/95924384/
