Nevada voters approved a law in November that requires background checks for private-party gun sales. That law is running into some roadblocks though. Attorney General Adam Laxalt says since the law requires the FBI to conduct the background checks, and the FBI says it will not do them, the law cannot commence. That does not block the law from taking effect on January 1, but it does appear that there could be some delays until the logistics of the law are fixed.
Sharon Oren is the owner of Maccabee Arms and says he has not received any guidelines from the state, regarding the background checks.
"What am I supposed to do as a business or even as an individual? I've been getting a lot of phone calls, a lot of emails, a lot of requests," Oren said. "We have no information to give because nobody has an answer."
Oren is opposed to the Background Check Act, saying there is no evidence that these types of laws prevent gun crimes. He does conduct background checks for private gun sales because some people ask for them, for liability reasons. He says he will not change his practices, for now, and agrees with Laxalt's opinion.
"I'm appreciative of his opinion and the way he's been acting so far, and I will follow what my chief law enforcement of my state will tell me to do, and if Adam says it is not enforceable, it's not enforceable," Oren said.
Former Washoe County Sheriff Mike Haley says the law has to be upheld, so it is up to the state to do what is needed to get the FBI to cooperate.
"It's not a law you can avoid," Haley said. "It's not a law you can just say 'Well, gosh. Somewhere along the line, we forgot to do some administrative tasks and we just aren't going to do it.'"
Haley has been a strong supporter of background checks for private-party gun sales. Question 1 passed by less than 1 percent, statewide, and Clark County was the only county where the majority of voters approved the ballot measure.
"We all get a voice and at the end of the day, if the majority of people say this is what we want, then this is what we want," Haley said.
Haley says it is not unusual for laws to be passed, without funding mechanisms or other issues in place. The state still implements the laws and finds a way to make them work. What makes this more tricky is the state will have to work with the federal agency to work out the issues.
"The state may or may not have an unfunded requirement now, but that does not relieve them of the legal obligation to comply with the law," Haley said.
The Nevada Constitution says the law cannot be changed for at least three years because the petition was approved by voters. That means the state and FBI will likely have to reach an agreement before the law can be enforced.
