The left’s own pathetic ineptness, or intention to appear as such, created an untenable situation in the state of Nevada as a measure that requires background checks for the private sale of firearms is, at this point, unenforceable.
The Daily Caller reported:
Nevada’s Attorney General placed the state’s new universal background check measure on hold indefinitely Sunday after the FBI claimed the initiative is unenforceable.
The measure, pushed by gun control advocates and approved by a thin margin by Nevada voters last month during the elections, focuses on background checks of individuals during gun transactions between private citizens.
Federal law requires licensed firearms [dealers] to perform background checks on buyers. However, unless state law says otherwise, persons who buy firearms from private sellers are not federally mandated to undergo a background check.
The problem in Nevada, however, is who would be enforcing the background checks during private firearm transactions, since it now requires a third party to federally vet the transaction.
Once again, the left didn’t think something through …
According to The Washington Times, the FBI actually contacted the Nevada Department of Public Safety to let them know that they wouldn’t be responsible for conducting these checks.
Nevada state officials got a letter from the FBI which expressed that the state is responsible for these background checks and that the passed ballot measure “cannot dictate how federal resources are applied.”
The gun control measure had the devil in the details here, as Nevada is one of 12 states where they are responsible for firearm background checks through the Department of Public Safety’s Central Repository instead of the FBI system.
Here’s the kicker, though — the new gun control measure banned the use of the Central Repository for these private sale background checks, which leaves nobody left to get them done.
Republican Nevada Attorney General Adam Laxalt explained in a Wednesday statement that unless the FBI changes its decision on the matter, the initiative will be unenforceable.
“It is manifestly unjust to criminally penalize someone for failing to perform an act that is impossible to perform,” Laxalt wrote.
“Despite its intent to merely regulate the transfer or sale of firearms between private parties, because it is impossible to perform the background checks as required by the Act, the Act now unconditionally prohibits such transactions under the threat of criminal prosecution for conduct that was formerly lawful and routine.”
Of course, even with the facts in front of them, the gun control crowd doesn’t see the problem.
“We think the law is clear and that it can be implemented and that it just takes some cooperation by the FBI and the state officials,” Jennifer Crowe, the Nevada representative for Moms Demand Action (which is part of Everytown for Gun Safety), claimed to the Times. “There is a solution if the state is willing to work with the FBI to figure it out.”
I mentioned that the left didn’t think this through, but perhaps they did. As Laxalt noted, now since there’s no one to conduct the background checks, it appears that those who conduct formerly lawful private sales are criminalized because they actually cannot comply with the measure.
Perhaps that’s what the left wanted all along …