• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.

Background check With CCW






pick_six

Adjusting to the west!
Forum Supporter
2020 Supporter
#2
With ccw:

purchase of a new gun from the ffl, no call needed. Just fill form.
Private sale purchase from private individual, yes, call needed.

And YOU never call the state, or fax, whatever. The ffl does it on your behalf, when necessary.
 

Janizary

Geth Prime
Forum Supporter
2019 Supporter
2020 Supporter
#7
Doesn't make much sense, but the clown in the big house in Carson City thinks it does.
This is why I've posited, previously, that SB143 is not about safety. If it was, then the CCW exemption would still be valid given that all NV holders are checked annually. However, the CCW provision does not apply under SB143 in private sales (it does, however, still apply to retail sales...and therein resides the perversity).

SB143 is about additional hurdles, burdensome regulation, costs in both time and money, and, having a tracking mechanism in place (via the FFL records).
 

SixshooterSam

What, me conspiracy?
#12
No it is pretty clear per the NRS - no CCW exception for in-state private party sales.
Actually no, as I stated in that thread, I read through every single NRS pertaining to firearms, background checks and everything related, and there is in fact no such text in any NRS. The only text I can find that states this is the department of public safety directive sent to all FFLs, which appears to in fact have no teeth.

If I'm wrong, I'd certainly love to see the evidence proving that. So far I can't find any, and I have tried.
 

GunnyUSMC

Why don't you just sit there and bleed awhile
#13
OK where does is say a CCW holder is exempt?

NRS 202.2547  Background check required for certain sales or transfers of firearms between unlicensed persons; procedure. [Effective January 2, 2020.]
1.  Except as otherwise provided in NRS 202.2548, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.
2.  The seller or transferor and buyer or transferee shall appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee.
3.  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 recordkeeping requirements. 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.
4.  Upon receiving a request for a background check from a licensed dealer pursuant to this section, the Central Repository or any other state or local agency described in subsection 3 shall, in the same manner as it would for the sale of a firearm from the licensed dealer’s inventory, perform a background check on the buyer or transferee and notify the licensed dealer of the results of the background check.
5.  The seller or transferor may remove the firearm from the business premises while the background check is being conducted if, before the seller or transferor sells or transfers the firearm to the buyer or transferee, the seller or transferor and the buyer or transferee return to the licensed dealer who takes possession of the firearm to complete the sale or transfer.
6.  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 described in subsection 3. If 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 the buyer or transferee.
7.  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.
(Added to NRS by 2019, 4, effective January 2, 2020)

NRS 202.2548  Exceptions to requirement of background check. [Effective January 2, 2020.]  The provisions of NRS 202.2547 do not apply to:
1.  The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course and scope of his or her employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces or federal official.
2.  The sale or transfer of an antique firearm, as defined in 18 U.S.C. § 921 (a)(16).
3.  The sale or transfer of a firearm between immediate family members, which for the purposes of this section means spouses and domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.
4.  The transfer of a firearm to an executor, administrator, trustee or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm.
5.  A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal law if such transfer:
(a) Is necessary to prevent imminent death or great bodily harm; and
(b) Lasts only as long as immediately necessary to prevent such imminent death or great bodily harm.
6.  A temporary transfer of a firearm if:
(a) The transferor has no reason to believe that the transferee is prohibited from buying or possessing firearms under state or federal law;
(b) The transferor has no reason to believe that the transferee will use or intends to use the firearm in the commission of a crime; and
(c) Such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively:
(1) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located;
(2) At a lawful organized competition involving the use of a firearm;
(3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;
(4) While hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping; or
(5) While in the presence of the transferor.

(Added to NRS by 2019, 4, effective January 2, 2020)
 
#14
There is no exemption for CCW any more it was gone with the new BC law
Ok.. I still have no idea what you were saying in your original post.

You typed - If you don't need a BC at an FFL why do they charge you

So, you are trying to say a FFL is charging for backgrounds on a CCW for all transfers?

Because if you are talking about private party transfers, there is no background check fee.
 

SixshooterSam

What, me conspiracy?
#15
OK where does is say a CCW holder is exempt?

NRS 202.2547  Background check required for certain sales or transfers of firearms between unlicensed persons; procedure. [Effective January 2, 2020.]
1.  Except as otherwise provided in NRS 202.2548, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.
2.  The seller or transferor and buyer or transferee shall appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee.
3.  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 recordkeeping requirements. 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.
4.  Upon receiving a request for a background check from a licensed dealer pursuant to this section, the Central Repository or any other state or local agency described in subsection 3 shall, in the same manner as it would for the sale of a firearm from the licensed dealer’s inventory, perform a background check on the buyer or transferee and notify the licensed dealer of the results of the background check.
5.  The seller or transferor may remove the firearm from the business premises while the background check is being conducted if, before the seller or transferor sells or transfers the firearm to the buyer or transferee, the seller or transferor and the buyer or transferee return to the licensed dealer who takes possession of the firearm to complete the sale or transfer.
6.  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 described in subsection 3. If 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 the buyer or transferee.
7.  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.
(Added to NRS by 2019, 4, effective January 2, 2020)

NRS 202.2548  Exceptions to requirement of background check. [Effective January 2, 2020.]  The provisions of NRS 202.2547 do not apply to:
1.  The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course and scope of his or her employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces or federal official.
2.  The sale or transfer of an antique firearm, as defined in 18 U.S.C. § 921 (a)(16).
3.  The sale or transfer of a firearm between immediate family members, which for the purposes of this section means spouses and domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.
4.  The transfer of a firearm to an executor, administrator, trustee or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm.
5.  A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal law if such transfer:
(a) Is necessary to prevent imminent death or great bodily harm; and
(b) Lasts only as long as immediately necessary to prevent such imminent death or great bodily harm.
6.  A temporary transfer of a firearm if:
(a) The transferor has no reason to believe that the transferee is prohibited from buying or possessing firearms under state or federal law;
(b) The transferor has no reason to believe that the transferee will use or intends to use the firearm in the commission of a crime; and
(c) Such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively:
(1) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located;
(2) At a lawful organized competition involving the use of a firearm;
(3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;
(4) While hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping; or
(5) While in the presence of the transferor.

(Added to NRS by 2019, 4, effective January 2, 2020)
Right, but federal law (18 U.S.C. § 922(t)(3)) exempts anyone with a CCW (in 25 states, including Nevada) from a background check for a firearm purchase. Federal law on this overrides state law. Neither state nor federal law states or otherwise indicates that private party transfers are not subject to this exemption. Thus, CCW holders should be exempt from background checks for private party transfers.

I'm no legal expert either, but the law, as written, seems not to show that private party transfers require a background check for CCW holders.

https://www.law.cornell.edu/uscode/text/18/922
 

GunnyUSMC

Why don't you just sit there and bleed awhile
#16
Right, but federal law (18 U.S.C. § 922(t)(3)) exempts anyone with a CCW (in 25 states, including Nevada) from a background check for a firearm purchase. Federal law on this overrides state law. Neither state nor federal law states or otherwise indicates that private party transfers are not subject to this exemption. Thus, CCW holders should be exempt from background checks for private party transfers.

I'm no legal expert either, but the law, as written, seems not to show that private party transfers require a background check for CCW holders.

https://www.law.cornell.edu/uscode/text/18/922
It does not apply - you are comparing apples to oranges.

Paragraph 1 -
(a)It shall be unlawful—
(1)for any person—
(A)
except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B)
except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;


Paragraph T-3

(3)Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if—
(A)
(i)such other person has presented to the licensee a permit that—
(I)
allows such other person to possess or acquire a firearm; and
(II)
was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(ii)
the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;


1. No mention of in-state private party sales.
2. The State BGC is not a transfer from a licensee to another person - but rather a transfer from one unlicensed person to another.


Now if you wanted to use a CCW for an exemption the seller could mail the weapon to the FFL, the FFL will put it on their books and then transfer it to you.
 

SixshooterSam

What, me conspiracy?
#17
Correct, no mention of in-state private sales. That's the point. Nothing in the above that you quoted or anywhere else that I have found does it indicate that a private party transfer is functionally different than a sale from FFL to buyer as far as the CCW exemption goes. Unless I'm blind and I missed it.
 

GunnyUSMC

Why don't you just sit there and bleed awhile
#18
Correct, no mention of in-state private sales. That's the point. Nothing in the above that you quoted or anywhere else that I have found does it indicate that a private party transfer is functionally different than a sale from FFL to buyer as far as the CCW exemption goes. Unless I'm blind and I missed it.
It is different - it is a transfer of a firearm from one unlicensed individual to another.

The FFL transfer is from a licensed individual to another licensed individual or unlicensed individual. The FFL has possession of the firearm. This is what is regulated by federal law.

The state BGC is not a transfer is from a licensed individual to another licensed individual or unlicensed individual, but rather the FFL is a checkpoint between two unlicensed individuals. The FFL is NOT transferring the firearm, hence the federal law does not apply.
The state law describes who/what the exemptions are allowed to negate the state BGC and having a CCW is not one of them.
Federal law allows a CCW exemption when the FFL is TRANSFERRING the firearm.
 

SixshooterSam

What, me conspiracy?
#19
It is different - it is a transfer of a firearm from one unlicensed individual to another.

The FFL transfer is from a licensed individual to another licensed individual or unlicensed individual. The FFL has possession of the firearm. This is what is regulated by federal law.

The state BGC is not a transfer is from a licensed individual to another licensed individual or unlicensed individual, but rather the FFL is a checkpoint between two unlicensed individuals. The FFL is NOT transferring the firearm, hence the federal law does not apply.
The state law describes who/what the exemptions are allowed to negate the state BGC and having a CCW is not one of them.
Federal law allows a CCW exemption when the FFL is TRANSFERRING the firearm.
Interesting take. Now I'm more curious than ever. Will have to study this more.
 

jfrey123

I aim to misbehave...
Staff member
Moderator
Forum Supporter
2019 Supporter
2020 Supporter
#20
Correct, no mention of in-state private sales. That's the point. Nothing in the above that you quoted or anywhere else that I have found does it indicate that a private party transfer is functionally different than a sale from FFL to buyer as far as the CCW exemption goes. Unless I'm blind and I missed it.
Federal law doesn’t address in-state private sales at all. It also doesn’t require citizens to do much of anything. It establishes dealers must be Federally licensed, and licensed dealers may not sell to unlicensed individuals unless those individuals have a state issued permit that meets certain standards (currently active in 25 states, our CCW counts).

The new state law, on the other hand, expressly requires a dealer to call in a background check on a private transfer, and a CCW permit is not mentioned in any of the exceptions the state law created.