Fair Gun Laws for Nevada
1325 Airmotive Way
Ste. #175R
Reno, Nevada 89502
775-546-3139 – Office

Email: info@fairgunlawsnevada.org
Facts & Info Page 1

The sponsors of "Fair Gun Laws Nevada" are not opposed to Lawful background checks.

We are opposed to unfair taxes and costs imposed on private gun sellers. Nevadan's Privately owned guns are private property. Guns are valuable property and all guns were 1st sold at retail locations and appropriate taxes paid at time of that 1st sale. It is unconstitutional to charge Taxes a second time on disposal of your private property.

We are also opposed to the State of Nevada or NRS statues that require Nevadan's to preform impossible acts. We support the Attorney General of Nevada in his opinion of 2016 Prop #1 being unenforceable due to requiring Private Party gun sellers to preform the requirements of the New NRS 502.254 voted into law and effective 01/01/2017.

We are also opposed to excessive fees and excessive burdens imposed on Nevadan's who wish to lawfully dispose of their personal property which includes firearms.

We are in favor of and openly support the 2nd Amendment rights of law abiding citizens who lawfully possess and lawfully use their firearms.

Would NV 2016 Prop #1 stop criminals getting guns?

Most criminals get their guns through methods that are already illegal.

The studies are clear. Criminals mainly obtain guns through theft, through fraud (straw purchases), outright illegal street dealers, and from relatives.

In reality, about 75% of all illegally possessed guns are obtained through illegal sales which would not be regulated by the Prop #1 initiative.  The law would not outlaw sales or transfers between close relatives. All the initiative would change is that friends or strangers could not privately sell guns, so the criminal seeking a weapon would have to turn to a relative or engage in already illegal methods. It is naive to think that criminals, would not simply turn to other, more popular, illegal methods of buying guns.

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Background checks are not the problem with gun crimes.

Gun shows are not a major source of illegal guns.

Federal Law

Federal law prohibits straw purchases by criminalizing the making of false statements to an FFL about a material fact on ATF Form 4473, or presenting false identification in connection with the firearm purchase. Two federal statutes – 18 U.S.C. § 922(a)(6) and 18 U.S.C. § 924(a)(1)(A) – are the primary laws under which straw purchases are prosecuted. This Federal Statute also applies to private sales where buyer conducts a straw purchase for another party not qualified to own a firearm. Background checks do not stop this type of straw purchase. "Straw purchasers are the primary source of crime guns. Importantly, straw purchasers have no record of a prohibiting offense."

Private sales are not the major source of illegal guns. In one study, the ATF found that 50.9% of all illegal guns trafficked were originated from straw purchases, while only 14.2% came from unregulated private sales—roughly the same percentage of guns that were stolen.” The majority of failed background checks do not lead to prosecutions, indeed, they are far from flawless. Many denials are in fact, false positives. John Lott, a economist known for his analysis of studies on guns and violence, points out that there is an “initial false positive rate of roughly 94.2 percent,” (from 2009 statistics). Only 4,154 denials out of 71,010, after review, were determined to be potentially criminal attempts to purchase firearms and only 140 cases were referred to prosecutors and only 77 of those cases were prosecuted at all. That’s roughly one one-hundredth of the total denials that were prosecuted. Only 32 cases resulted in a conviction or guilty plea.

Background checks don’t stop mass murderers.

None of the most notable mass shooting suspects in recent American history bought their guns in private sales which would be subject to the provisions of the universal background check initiative. Most killers passed background checks or were not deterred by universal background check laws.

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Please Read Page 2 for Key issues justifying Prop #1 Lawsuit