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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; 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 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
As of the CCW conference that was held in Carson City, NV, the NSCA is actively seeking the restoration of the NICS exemption by the BATFE.
The NSCA website is www.nvsca.com, but it lacks information on this subject. There are no email contacts, but addresses and telephone numbers are here: NVSCA Board of Directors
The Nevada Department of Public Safety website is Nevada Department of Public Safety with contact info here: NDPS Contacts
The official Nevada Legislature website is Nevada State Legislature Here you will find much information, including legislator contact info.
Mandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, the NICS was established for FFLs to contact by telephone, or other electronic means, for information to be supplied immediately on whether the transfer of a firearm would be in violation of Section 922 (g) or (n) of Title 18, United States Code, or state law. States have the option of utilizing the national NICS system or becoming a Point of Contact (POC) for NICS; each state decides whether the FFLs in its state call a state POC or the FBI to initiate firearm background checks.
At the behest of the NSCA, Nevada has opted to serve as the POC for the system; the FFLs contact the NICS through the state POC for all firearm transfers. The state POC conducts the NICS check and determines whether or not the transfer would violate state or federal law. Nevada charges the firearms purchaser a fee of $25 for each telephone call.
In states where the state government does not serve as a POC, the FFLs initiate a NICS background check by contacting the NICS Section for all firearm transfers – a FREE telephone call. The FBI conducts the NICS check and determines whether or not the transfer would violate state or federal law.
The NICS exemption applies only to CCW permittees. The better option would be to scrap Nevada’s status as a “POC” state and allow Nevada FFLs to utilize the FREE telephone NICS check, thus benefiting ALL Nevada citizens.
Nevada is one of only 13 states that acts on behalf of the NICS in a full Point-Of-Contact (POC) capacity. Source: NICS
Eight states are currently sharing responsibility with the NICS Section by acting as partial POCs; partial-POC states have agencies designated to conduct checks for handguns and/or handgun permits, while the NICS Section handles the processing of the states transactions for long gun purchases.
That leaves 29 states that utilize the FREE 800 telephone number to the NICS. Have you EVER heard of a problem in those 29 states? Nevada should adopt the same procedure, thus benefiting all Nevada citizens!
See Brady Law Permit Chart for a list of states/territories noting if CCW permits qualify/don’t qualify for the NICS exemption.
If we DO nothing, we will get exactly that. NOTHING.
The Stillwater Firearms Association meets the second Wednesday of each month, 7:30 p.m. at the Fallon American Legion hall, 90 N Ada Street. 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 427-4563 or 423-4740.
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