BigDaddy’s Firearms Training
Nevada 2016 Ballot Question 1
There is a lot of debate going back and forth about Nevada Ballot Question 1 (Q1), and a lot of people have questions about what it actually is. I will try to answer and clarify these questions.
One question is whether or not Q1 really closes the “gun show loophole”?
To answer this, we need to clarify some facts. Can a felon or another prohibited person buy a gun at a gun show or online? NO. If you buy a firearm from a Federal Firearm Licensee (FFL) at a gun show, they are still required to conduct a background check; so, no. Can a felon or other prohibited person buy from a private person at a gun show? NO, it is still illegal for a felon or other prohibited person to buy or possess a firearm AND if you knowingly sell a firearm to a felon or other prohibited person, you are guilty of breaking a federal law. When you buy a firearm online, yes, you can buy it; however, it has to be shipped to an FFL who is required to conduct a background check. So, NO.
No one goes to jail for swapping guns while hunting or at the shooting range, right? Partially true. According to the language of Q1 the few exceptions to the mandatory background check are as follows:
(c) such transfer occurs and the transferee’s possession of the firearms 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;
(ii) At a lawful organized competition involving the use of a firearm;
(iii) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;
(iv) While hunting or trapping fi the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping.
So, you and your buddy are hunting and you hand over your rifle to cross an obstacle, fine, as long as you both have licenses and tags. You’re at a “government approved range”, fine. You’re out on BLM managed land shooting (over 90% of target and recreational shooting in Nevada does), ILLEGAL: a category C felony.
Another question is, “I am currently exempt from background checks because I have a current Nevada CCW, would I be exempt from this too?” The short answer is NO. Currently, background checks are done through the Nevada Central Repository, which meets BATFE requirements; the new law would require a National Instant Criminal Background Check System (NICS) background check, which is operated by the FBI.
What if you go on a trip or you’re in the military and go on a deployment, can I still leave my firearms with a friend or neighbor? Short answer is YES; however, a NICS check must be done by an FFL. Here is another problem with Q1; the proposed law leaves no provision for firearms, plural, so a NICS check would technically have to be done for EACH firearm, and the writers left it that way intentionally. How much would that cost you?
How about this one, this was put on the ballot because of a grassroots effort by Nevadans. FALSE. This ballot question was put on the ballot because of an initiative that is being bankrolled by a coalition of billionaires including former New York City Mayor Michael Bloomberg, his gun control group Everytown for Gun Safety, along with billionaires Sean Parker and Elaine Wynn. (Lobbyists registered in Nevada for Everytown linked directly to all three billionaires)
Nevada’s 2016 Ballot Question 1 isn’t going to stop any criminals. A study conducted in 2012 of inmates found that less than 1% of convicted criminals that used firearms, got them from a gun show or any other legal source.