Merry Christmas, Happy Hanukkah, and Happy New Years all rolled into one: Bloomberg spent 20 million dollars in Nevada to secure a razor thin win, and he still gets nothing. The Attorney General in Nevada checked with the FBI and the law as it was written is simply not implementable. The FBI stated that states can’t commander federal policy on the matter, and that they refuse to conduct the checks in accordance with the way Bloomberg’s new law requires. How is this so? Hilariously, it’s a pretty simple mistake.
The issue is that Nevada is designated as a Point-of-Contact (POC) state, meaning that, like Pennsylvania, they have a state background check system that is designated by the FBI to conduct background checks under the Brady Act. Bloomberg’s new law states that the checks have to be conducted by the FBI’s National Instant Check System. Given that Nevada is a POC state, the FBI will not conduct checks on behalf of Nevada. The law cannot be complied with, and is therefore completely unworkable and unenforceable.
Never interrupt your enemy when they are in the middle of making a mistake, and always have a backup plan in case your main plan fails. In this case, it looks like we did.
It’s hard to believe Bloomberg sunk 20 million dollars into this with such a glaring error. I will admit I did not read the ballot initiative carefully enough to notice this, but once I started reading the opinion it was obvious. Nevada is a POC state! FBI doesn’t allow dealers to use NICS.
No doubt this won’t be the end of this controversy, since I imagine they’ll attempt to get a judge to bend the plain wording of the language to match Bloomberg’s drafter’s intent rather than what they actually wrote. I imagine someone at LCAV is seething right about now. We’ve benefitted a lot from their lack of real expertise and experience in this area of law. To be honest, their people just aren’t very good, and we should be thankful for that.
27 Responses to “Nevada Background Check Initiative Can’t Be Implemented”
- Ready. Fire. Aim. - Misfires And Light Strikes - […] was a few days late with this present to Nevada gun owners, but I’m sure they don’t mind. Sebastian…
- Nevada background check ballot measure fails on technicality - […] appears the measure passed, barely, but the way the measure was worded cannot be legally implemented. This minor drafting…
- Bloomberg Spent $20 Million On Nevada Background Check Initiative, Only To Have It Deemed Unenforceable - Free Market Shooter - […] covered by Sebastian at PA Gun Blog, Nevada is a Point-of-Contact (POC) state, meaning they have their own state…
- Poll: What will happen now to Bloomberg’s Nevada Question #1? | The Zelman Partisans - […] The FBI insisted that states can’t dictate policy to it. According to Sebastian of Shall Not Be Questioned: […]