Merry Christmas, Happy Hanukkah, and Happy New Years all rolled into one: Bloomberg spent 20 million dollars in Nevada to secure a razor thin win, and he still gets nothing. The Attorney General in Nevada checked with the FBI and the law as it was written is simply not implementable. The FBI stated that states can’t commander federal policy on the matter, and that they refuse to conduct the checks in accordance with the way Bloomberg’s new law requires. How is this so? Hilariously, it’s a pretty simple mistake.
The issue is that Nevada is designated as a Point-of-Contact (POC) state, meaning that, like Pennsylvania, they have a state background check system that is designated by the FBI to conduct background checks under the Brady Act. Bloomberg’s new law states that the checks have to be conducted by the FBI’s National Instant Check System. Given that Nevada is a POC state, the FBI will not conduct checks on behalf of Nevada. The law cannot be complied with, and is therefore completely unworkable and unenforceable.The Nevada Attorney-General's opinion is here. Considering the gun control movement is largely lawyers, this error is hysterical. As good at law as they are at criminology, reality, etc. From 12/30/16 Reno Gazette-Journal:
The next steps for proponents of expanded gun background checks in Nevada are unclear after a legal opinion that for all intents blocks a voter-approved initiative set to go into effect Sunday.
What is clear is that the Background Check Act to require a federal database check of private party gun transfers will not be enforced. That’s according to Nevada sheriffs.
“Based on the Nevada Attorney General’s opinion, the Washoe County Sheriff’s Office cannot enforce this law at this time,” said spokesperson Bob Harmon.
The Lyon County Sheriff’s Office put out a statement that it and the Lyon County’s District Attorney’s Office “support” the opinion that the new law is unenforceable, adding “we will not enforce any provisions of this ballot initiative until the issues have been resolved.”
The Douglas County Sheriff’s Office reported receiving numerous inquiries about the ballot question. It put out a statement that it is “advising its citizens that they may proceed with private party firearm sells and transfers as they did prior to the passing of ballot question #1.”