SB 143 — Repeals, revises and reenacts provisions relating to background checks for certain sales or transfers of firearms. (BDR 15-755)

S.B.Senate Bill No.

143143–Senators SENATEAtkinson, BCancela, ILLCannizzaro, NO.Woodhouse, Parks;

143–SBrooks, ENATORSDenis, ATKINSONDondero ,Loop, CANCELAHarris, ,Ohrenschall, CANNIZZARORatti, ,Scheible Wand OODHOUSESpearman ,Joint PARKSSponsors: ;

BAssemblymen ROOKS,Frierson, DYeager, ENIS,Bilbray-Axelrod; DONDERO LOOP , ARRIS, OHRENSCHALL , ATTI, CHEIBLE AND SPEARMAN FEBRUARY 11, 2019 ____________ JOINT SPONSORS :

ASSEMBLYMENAssefa, FBackus, RIERSON,Cohen, YEAGERDuran, ,Flores, ILBRAYFumo, -Gorelow, AXELRODJauregui, ;Martinez, McCurdy, Miller, Monroe-Moreno, Nguyen, Peters, Spiegel, Sprinkle, Swank, Thompson, Torres and Watts CHAPTER..........

A SSEFA, BACKUS , COHEN , DURAN , FLORES, FUMO , G ORELOW , JAUREGUI , M ARTINEZ, M CCURDY , M ILLER, MONROE -MORENO , NGUYEN , PETERS, SPIEGEL, SPRINKLE, WANK , HOMPSON , ORRES AND WATTS ____________ Referred to Committee on Judiciary SUMMARY—Repeals, revises and reenacts provisions relating to background checks for certain sales or transfers of firearms.

(BDR 15-755) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 202.2531- 202.2543) Pursuant to the Nevada Constitution, as an initiative petition approved by the voters, The Background Check Act is not subject to legislative amendment Background Check Act has not been implemented because the Attorney Generale, The issued an opinion that a licensed firearms dealer cannot contact the National Instant Criminal Background Check System directly as the Act requires before the sale or repealtransfer untilof aftera Novemberfirearm 22,that 2019.is being sold or transferred by a private party.

(Nev.(Att’y Gen.

Const.Op.

Art.

19, § 2) To date, The Background Check Act has not been implemented because the Attorney General - *SB143* – 2 – issued an opinion that a licensed firearms dealer cannot contact the National Instant Criminal Background Check System directly as the Act requires before the sale or Op.

28, 2016)) Therefore, section 9 of this bill repeals all of theythe Gen.provisions of The Background Check Act and reenacts the provisions without the requirement to make that direct contact.

provisionsSection 10 of this bill makes the provisions Act may be amended or repealed.h is after the date on which The Background Check ActSection and2 reenactsof thethis provisionsbill withoutestablishes a short title in statute to allow the requirementprovisions to makebe thatcited directas contact.The Background Check Act.

(See NRS 202.2531) Section 103 of this bill makessets theforth provisions effective January 2, 2020, which is after the datefindings onand whichdeclarations regarding The Background Check ActAct. may be amended or repealed.

Section 2 of this bill establishes a short title in statute to allow the provisions to sets forth the findings and declarations regarding The Background Check Act.

(See NRS 202.2535) Section 5 of this bill requires a licensed firearms dealer to conduct a background check on a person who wishes to buy or receive a firearm from an unlicensed person, but removes the requirement that the licensed dealer contact the National Instant Criminal Background Check dealerSystem to contactperform the same agency the dealer would otherwise contact to conduct a background checkcheck. if the dealer were selling or transferring the firearm from his or her own inventory.

Instead, section 5 requires a licensed dealer to contact the same agency the dealer would otherwise contact to conduct a background check if the dealer were selling or transferring the firearm from his or her own inventory.

(See NRS 202.2541) Section 7 of this bill sets forth the penalties for NRS- 202.2543)80th SectionSession 8(2019) of– this2 bill– prohibitsselling theor Centraltransferring Repositorya forfirearm Nevadain Recordsviolation of CriminalThe HistoryBackground fromCheck chargingAct. to perform a background check on a person who wishes to purchase or receive a firearm from an unlicensed person.

(See NRS 202.2543) Section 8 of this bill prohibits the Central Repository for Nevada person who wishes to purchase or receive a firearm from an unlicensed person.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *SB143* – 3 – 4.

To promote public safety and protect our communities, and to create a fair, level playing field for all gun sellers, the people of the State of Nevada approved The Background Check Initiative in the 2016 General Election with the intent to more effectively enforce current law prohibiting dangerous persons from purchasing and possessing firearms by requiring background checks on all firearms sales and transfers, with reasonable exceptions, including for immediate family members, hunting and self-defense.

- 80th Session (2019) – 3 – Sec.

5.intends to transfer a firearm to another unlicensed person.or 6.

“Transferor”“Trapping” meanshas anthe unlicensedmeaning personascribed whoto wishesit or int6.ds “Trapping”r ahasreatheto meaning unlascribedpetoonit in NRS 501.090.

A licensed dealer who agrees to conduct a background check pursuant to this section shall comply with all requirements of federal and state law as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee, including, but not limited to, all -whether *SB143*the –buyer 4or –transferee recordkeepingis requirements.eligible to purchase and possess firearms under state and federal law, the licensed dealer shall contact the same agency as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee.

For the purpose of determining whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law, the licensed dealer shall contact the same agency as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee.

- 80th Session (2019) – 4 – 5.

A licensed dealer who agrees to conduct a background check pursuant to this section shall inform the seller or transferor and the buyer or transferee of the response from the agency describedor intransferee subsectionis 3.ineligible to purchase or possess the firearm, the licensed dealer shall return the firearm to the seller or transferor and the seller or transferor shall not sell or transfer the firearm to the buyer or transferee.

If7. the response indicates that the buyer or transferee is ineligible to purchase or possess the firearm, the licensed dealer shall return the firearm to the seller or transferor and the seller or transferor shall not sell or transfer the firearm to the7.uyeA licensed dealer may charge a reasonable fee for conducting a background check and facilitating a firearm transfer between unlicensed persons pursuant to this section.

A licensed dealer may charge a reasonable fee for conducting a background check and facilitating a firearm transfer between unlicensed persons pursuant to this section.

parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.