The universal background checks passed under Nevada’s Question 1 were scheduled to go into effect January 1, but the state’s sheriffs are making clear that it’s not going to happen.
In fact, sheriffs say the December 28 opinion handed down by Nevada Attorney General Adam Paul Laxalt basically renders the checks moot by proving them unenforceable.
Breitbart News reported that Laxalt pointed out how the language of Question 1 actually ensnared those who framed it, rendering it “unenforceable” by presuming the FBI would do that which the FBI refuses to do while simultaneously failing to grant the Nevada Department of Public Safety the authority to act in the FBI’s stead — as a “Point of Contact” (POC) for sales in Nevada.
Framers of Question 1 wanted licensed gun dealers to serve as POCs throughout the state, but the FBI refused this plan of action in a letter dated December 14. The FBI said they were willing to let the Nevada DPS serve as POC on the universal checks, but that is not possible because the DPS was not granted authority to do so by those who designed the Nevada checks.
The Reno-Gazette Journal is reporting that sheriff’s across the state reacted to Laxalt’s opinion by making clear that they have no plans to enforce the background checks once the January 1 effective date arrives.
For example, the Lyon County Sheriff’s Office voiced “support” for Laxalt’s opinion, saying, “We will not enforce any provisions of this ballot initiative until the issues have been resolved.” Washoe County Sheriff’s Office spokesman Bob Harmon said, “Based on the Nevada Attorney General’s opinion, the Washoe County Sheriff’s Office cannot enforce this law at this time.” And the Douglas County Sheriff’s Office is advising residents of its county to “proceed with private party firearm sells and transfers as they did prior to the passing of ballot question #1.”
Storey County Sheriff Gerald Antinoro went even further, saying Question 1 “is not enforceable even without the opinion.”
The bottom line–Bloomberg & Co. appear to have acted prematurely in celebrating the passage of gun control in Nevada.
AWR Hawkins is the Second Amendment columnist for Breitbart News and host of “Bullets with AWR Hawkins,” a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at firstname.lastname@example.org