AB-282 Omnibus bill

[wrightme]

So if our permit is before July 1 do we still pay for the check or is it free?

Please be advised that only permits issued on or after July 1, 2011 qualify as alternatives to the background check. If an unlicensed person presents a permit issued prior to July 1, 2011, the FFL must conduct a background check prior to transferring the firearm

The Fee is FOR a background check. No background check, no fee. Background check, fee.


Yes, if your permit is before July 1, you will still pay for the check.


This is the SAME policy that was stated in the other BATFE open letters for states that got the exemption reinstated or presented. And, it makes sense. Permits before July 1 did not need to meet the standard of the new regulations, and the new regulations are what the BATFE reviewed and judged the exemption on.

 

[nomidlname]

Very Cool. Does anyone know factually why the ATF issued the statement? As I recall the Nevada Sheriffs and Chiefs Association tabled the motion to send a letter (boneheads). I also believe certain individuals and orginzations sent in their own requests?

 

[AmbushBug]

Oops, didn't see this addition before I started a thread about it ... anyway here's an NRA link http://www.nraila.org/Legislation/Read.aspx?ID=7048

 

[Vegassteve]

The Fee is FOR a background check. No background check, no fee. Background check, fee.


Yes, if your permit is before July 1, you will still pay for the check.


This is the SAME policy that was stated in the other BATFE open letters for states that got the exemption reinstated or presented. And, it makes sense. Permits before July 1 did not need to meet the standard of the new regulations, and the new regulations are what the BATFE reviewed and judged the exemption on.

I guess I was under the impression that this law would return us to using the free FBI system.

 

[wrightme]

I guess I was under the impression that this law would return us to using the free FBI system.

Nope. That would take legislation to rescind the "Nevada as a 'Point of Contact' State" policy.

 

[wrightme]

Very Cool. Does anyone know factually why the ATF issued the statement? As I recall the Nevada Sheriffs and Chiefs Association tabled the motion to send a letter (boneheads). I also believe certain individuals and orginzations sent in their own requests?

We had a Fallon citizen send a letter to the BATFE pointing them to the new law. They reviewed it, and reinstated the exemption.


The NVSCA was irrelevant to this issue, no matter their pontificating to the opposite. The only thing the Sheriffs need to do is follow the law that has been passed. The rest seems to be nothing short of a "power play" by Frank and co.

 

[varminter22]

So if our permit is before July 1 do we still pay for the check or is it free?

Yes.

But, one can easily argue the BATFE could grandfather all existing permits.

After all the MOU did not have an expiration date. It simply said sheriffs would comply with fed requirements until our law could be amended - which it has been by AB-282.

Additionally, when the BATFE granted our temporary exemption (as a result of the MOU) it did NOT specify only newly issued permits (post MOU) would be acceptable.

There are ongoing discussions about this. Let us hope.

 

[varminter22]

Nope. That would take legislation to rescind the "Nevada as a 'Point of Contact' State" policy.

Maybe - maybe not - require 'legislation.'

Indications are the decision to be a "POC" state came as an administrative decision from NDPS.

I've always suspected it was NDPS that made the decision for Nevada to be a "POC" state.

Although not 100% conclusive proof, testimony by a Washoe County CCW Instructor on February 19, 2007 (AB-21, Asm Jud Cmte) indicates it was NDPS: Quote:

NDPS asked to become the point of contact - a middle-man - in providing the NICS check.

The instructor further asked: Quote:

Does anyone know how the point of contact [status] can be removed? I understand it has to be done through a legal action at the state level.

Vice Chair Horne stated: Quote:

We can pose that question to Legal.

But I recall nothing ever being said or done about it.

Perhaps it is time to seek - in earnest - to scrap our POC status and allow our FFL to utilize the free FBI service.

 

[varminter22]

Much, MUCH more on this whole issue here: http://nevadashooters.com/forumdisplay.php?f=69

Specific post subject: "Any movement on the NICS exemption" (currently a 'sticky')