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Nevada Background Check Initiative Found To Be Unenforceable
add this member to your buddy list   send a PM to this member   Posted December 29th, 2016 10:27 am

dc dalton
Pennsylvania
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Posts: 705

Nevada won't be able to implement a ballot measure that narrowly passed a statewide vote and calls for background checks on more gun sales and transfers because neither the state nor the FBI will do the checks, the state's top prosecutor said Wednesday.


Question 1 called for FBI background checks on private party gun sales and passed by less than 1 percentage point in November after an expensive campaign. But the FBI informed the state earlier this month that it wants Nevada's Department of Public Safety to conduct the checks itself because that agency already does checks for Nevada's commercial gun sales and has a more comprehensive database.


"The position of the (National Instant Criminal Background Checks System) Section is that these background checks are the responsibility of the state of Nevada to be conducted as any other background check for firearms," wrote Kimberly Del Greco, who oversees the background check division within the FBI, in a Dec. 14 letter.


The Department of Public Safety asked the Nevada Attorney General's Office whether it could conduct the checks even though the ballot measure specifically called for FBI checks. The attorney general's office concluded that the language doesn't give state agencies the authority to conduct the checks and the act, which was supposed to take effect Jan. 1, is unenforceable.

http://lasvegas.cbslocal.com/2016/12/28/nevada-gun-background-check-expansion-hits-roadblock/

Nevada Background Check Initiative Found To Be Unenforceable