(Scroll to bottom for current situation)
When purchasing a firearm from a Federal Firearms License dealer, a purchaser must undergo an instant check prior to taking possession of a firearm.
Until October 19, 2005, Nevada CCW permit holders enjoyed an exemption from payment of the (then) $15 (now $25) fee for a National Instant Criminal Background Check System (NICS) when purchasing a firearm from an FFL dealer. More NICS info here: NICS Fact
On December 30, 2005, the Nevada Department of Public Safety and NSCA entered into a Memorandum of Understanding (MOU) regarding the issuance of Nevada CCW permits. All 17 Nevada sheriffs signed. Read the MOU here: MOU
Specifically, as stated in the MOU, the matter involves the absence of a Nevada law requiring NICS checks to be done by all county sheriffs before issuing renewal CCW permits and requiring NICS checks to include a check of the Immigration and Customs Enforcement (ICE) databases for applicants who are not citizens of the United States.
It was reported that this MOU would suffice until the Nevada legislature could convene in 2007 and amend NRS 202 to comply with BATFE requirements in order to maintain the NICS exemption.
ed: Note that the MOU does NOT appear to "sunset."
Based upon the MOU of December 2005, the BATFE sent out an Open Letter to Nevada FFLs dated January 5, 2006: BATFE Open Letter to Nevada FFLS
The Nevada Sheriffs and Chiefs Association (NSCA) (a Nevada non profit corporation) drafted and introduced Assembly Bill 21 (AB-21) in the 2007 (74th) Legislative Session. AB-21 would have amended the procedure for renewing such a permit to make that procedure identical to the procedure for obtaining an original permit, allowing Nevada CCW permittees to retain the NICS exemption.
However, the NSCA included CCW application fee increases in AB-21; from $60 to $125 for initial applications and from $25 to $125 for renewal applications. Many groups (such as SFA) and individuals strongly opposed these fee increases in testimony before the Judiciary Committee. A compromise was struck to amend the bill to retain the initial application fee at $60 and to increase the renewal application fee from $25 to $60. The NSCA also agreed to drop the renewal training mandate - which turned out to be a cost savings in the end because the renewal training cost more than the amount of the renewal increase. In view of the Governor's pledge to veto any bills containing fee increases, the committee failed AB-21.
Existing law, Nevada Revised Statute Chapter 202, NRS 202.3653 through NRS 202.369, Concealed Firearms, here: NRS-202 SEC 3653
You can review the failed Assembly Bill 21 (AB-21) here: 74th Session AB21
Since no legislation was passed in 2007 to correct the deficiency, on May 30, 2008, the BATFE issued another Open Letter to All Nevada FFLs removing Nevada CCW permittees' NICS exemption, effective July 1, 2008. Read the letter here: Open Letter to All Nevada FFLs
In view of the NSCA's vehement and pernicious opposition to allowing Nevada FFLs to use the toll free NICS check, bills were introduced in 2011 to amend NRS Chapter 202 to pave the way for restoral of the BATFE NICS exemption.
Of the bills introduced, AB-282 was enacted, and became effective July 1,2011. Nevada law should now satisfy BATFE requirements to reinstate the NICS exemption for Nevada's CCW permit holders.
The NSCA (a Nevada non-profit corporation) believes it must conduct a vote to determine if they will apply to the BATFE for reinstatement of the NICS exemption. The NSCA met on July 21, 2011 but failed to conduct a vote and postponed discussion/vote until its September 2011 meeting. It is unclear why the NSCA believes it must conduct a vote. Since our law has been amended to comply with BATFE requirements, why can't the NSCA, NDPS, Governor, or anyone submit a letter immediately to the BATFE requesting reinstatement of the NICS exemption?
Why do we believe the paragraph above is true? This situation is NOT similar to the 2005 situation wherein all 17 sheriffs notably and laudably signed an MOU in order to temporarily satisfy federal requirements.
In this current situation, Nevada law has been specifically amended by AB-282 to meet federal requirements. NRS Ch 82, as amended by AB-282, does not require an NSCA vote.
In the May 11, 2011 Senate Judiciary Committee hearing on AB-282, Assemblyman Oceguera (AB-282 sponsor) testified, "An effective date of July 1 [for AB-282] would make sense. We have talked to the ATF. They are aware of this. They had talked about a May implementation date based on the language."
Further, testimony from NSCA Executive Director and paid lobbyist Frank Adams, May 11, 2011, Senate Judiciary Committee hearing:
Quote
"I represent the 17 elected sheriffs who are responsible for administering this program. We have approximately 49,000 CCW permit holders in Nevada. We have worked with these issues for several sessions. The four issues the bill deals with—categorical qualification, background checks, confidentiality and State parks—will go a long way in helping us serve our citizens in Nevada."
"In 2004, the ATF looked at Nevada's CCW program and because of the tragedy of September 11, 2001, some changes were made to the process. We did not change the way we were doing business as far as background checks, so the ATF removed that exemption. The ATF required us to include the language in A.B. 282 to get that exemption back. Once this bill passes, the Nevada Sheriffs and Chiefs Association will petition the ATF to reinstate our exemption. It has said this language is needed to reinstate that exemption. When the exemption is reinstated, you will not have to pay for the Brady check when you purchase a weapon if you are a CCW permit holder." [Note Mr. Adams" testimony does not say, "will consider ..."]
"Once the bill [AB-282] passes, we must apply to the ATF for the exemption. That will not happen overnight. We will make the request as quickly as we can, but I do not know how long it will take for ATF to reinstate the exemption. It has approved the language." [Note Mr. Adams' testimony does not say, "we may request..."]
[emphasis added]
Unquote
Indeed, Nevada has amended its law to comply with the federal requirements to be granted the NICS exemption. It is simply a matter of getting the BATFE to consider and grant it.
SFA sent a letter request to the Governor requesting assistance in making the request to the BATFE. At least one private citizen has sent a letter to the BATFE requesting reinstatement of Nevada's CCW permit holders' NICS exemption. No response has been received to date. There is also an SFA email pending with the NSCA, requesting the NSCA dispense with any perceived requirement to conduct a vote and expedite a request to the BATFE to restore Nevadans' NICS exemption in accordance with the intent and testimony provided in the passage of AB-282.
To further delay the request until September is contrary to the intent of AB-282 and a disservice to over 50,000 Nevadan CCW permittees.
The Stillwater Firearms Association meets the second Wednesday of each month, 7:30 p.m. at the Fallon Eagles hall, 7977 Reno Hwy. Membership is available to all persons who have a strong and positive interest in the promotion and proper use of firearms. For more info, call 867-2224 or 217-6218.
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