Nevada Statewide Ballot Measure: Firearm Possession

The November 8, 2016 Nevada state ballot will open with Question 1 – the Nevada Background Checks for Gun Purchases Initiative. This Nevada firearm proposition makes the call to change current laws surrounding firearms possession, requiring firearm transfers go through a licensed gun dealer who would run a background check prior to the completion of sale.

Nevada’s Current Firearm Possession Laws

Currently, Nevada firearm laws do not require background checks for private sales of handguns or long guns. A person acquiring a handgun is not subject to a background check at the time of purchase. The law does not require any permits to purchase handguns or long guns, nor is firearm registration or licensing required.

Since current laws do not require a certificate to purchase firearms from private unlicensed dealers, dangerous people could potentially acquire firearms without undergoing background checks. People with violent criminal histories can shop at gun shows or go to private dealers to buy firearms and walk out without any certification required.

On the other hand, Nevada gun owners who do not support the initiative argue that they want to keep the freedom to buy guns without government control. They do not want to be subject to background checks or to have to wait for firearm purchases. People who do not support the Background Check Initiative argue that criminals who already break the law will have no problem breaking this new law. Understand both sides of the argument before voting.

Understanding the Nevada Background Check Initiative

To vote on the 2016 Background Check Initiative, citizens need to understand what the measure is calling for and what laws it would change. Voting “no” on Question 1 means Nevada will not require background checks on gun transfers between unlicensed dealers. Voting “yes” will require all firearm transfers (with two exemptions) to go through a licensed gun dealer and a background check.

Upon approval, this initiative would require any unlicensed firearm dealer to conduct a transfer through a licensed gun dealer – one who runs a background check on all firearms. The licensed dealer may charge their standard fee for his or her services. The two exemptions from this rule would be:

  • Transfers between immediate family members
  • Temporary transfers for immediate self-defense or while hunting

Supporters of the Background Check Initiative of 2016 are trying to put a stop to what they see as a loophole through which felons, domestic abusers, and dangerous criminals may acquire firearms.

To prevent dangerous people from being able to purchase firearms in the future, the creators of the Background Check Initiative suggest that any person who wishes to sell or transfer firearms has to conduct said transfer through a dealer who runs background checks.

Failure to comply with the initiative (if it passes) would result in a misdemeanor charge for a first offense and felony charges for subsequent offenses. A first offense would amount to a $2,000 fine and up to one year in prison, depending on the results of a trial by jury.

Are You Involved in a Firearm Possession Case?

Current laws surrounding firearm possession and weapons charges have severe penalties for offenders. If you’re facing a criminal accusation, such as unlawful sale or distribution of firearms or illegal weapons possession, you need an expert Las Vegas weapons charges attorney to defend your case. Otherwise, you could end up facing legal repercussions for life.

If you’ve been arrested for a firearms violation in Las Vegas, De Castroverde Law Group can help you understand your rights and fight faulty charges, unreliable witnesses, and other injustices. Don’t accept defeat and suffer a prison sentence due to unfair firearms possession accusations. Contact our team immediately for aggressive, high-quality defense.