Santa was a few days late with this present to Nevada gun owners, but I’m sure they don’t mind. Sebastian points out that Michael Bloomberg’s brand new make gun ownership illegal “universal background check” law can’t be enforced in Nevada, because Bloomberg’s lawyers seem to be unaware of how Nevada’s gun laws actually work.
NRS 202.254, as amended by Background Check Act, makes it a crime to engage in private sales or transfers of firearms (with certain exceptions) unless a federally licensed dealer conducts a federal background check on the potential buyer or transferee. Because the Act specifically directs the deal to run checks through the FBI’s NICS system, the Nevada Department of Public Safety has no authority to perform the background checks required by the Act.
Nevada, like Pennsylvania and Florida, uses a state-run background check system and not NICS, so the FBI/ATF had no jurisdiction and authority to run background checks in Nevada. It’s roughly equivalent to writing a law which mandates that the police department in Bangor, Maine, write the speeding tickets for Glendale, Arizona. Yes, the Bangor Police Department writes a lot of tickets, but no, their actions have little, if any effect on the traffic laws of Arizona.
Congratulations, Bloomberg. That’s $20 million you could have spent on something that would have actually lowered crime and improved the lives of the people of Nevada, but you chose to do this instead.