Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

A vote to pass a bill that expands background checks for firearm purchases to private sellers.

Highlights:

• Prohibits an unlicensed person from selling or transferring a firearm to another unlicensed individual unless a licensed dealer first conducts a background check on the buyer or transferee before the transaction occurs (Sec. 5).

• Defines an “Unlicensed person” as a individual who does not hold a license as a dealer, importer, or manufacturer in firearms (Sec. 4).

• Requires the seller or transferor and the buyer or transferee appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee before making the transaction (Sec. 5).

• Specifies that if the Central Repository or any other state or local agency determines from the background check that the buyer or transferee is ineligible to purchase the firearm, the licensed dealer shall return the firearm to the seller or transferor who shall not be permitted to sell the firearm to the ineligible individual (Sec. 5).

• Authorizes a licensed dealer to charge a reasonable fee for conducting a background check and facilitating a firearm transfer between 2 unlicensed individuals (Sec. 5).

• Exempts the following groups, individuals, and types of firearms from these transaction provisions, including, but not limited to (Sec. 6):

• Law enforcement officers and agencies;

• Immediate family members including spouses, parents, children (step-related or adopted), siblings, grandparents, grandchildren, aunts, uncles, nieces, or nephews;

• Administors, trustees, and personal representatives of an estate

• Antique firearms;

• Authorizes the temporary transfer of a firearm from a person who is not prohibited from buying or possessing a firearm under state or federal law if such transfer is necessary to prevent imminent death or great bodily harm (Sec. 6).

• Specifies that the temporary transfer of a firearm may be authorized under the following circumstances, including, but not limited to (Sec. 6):

• The transferor has no reason to believe the transferee intends to use the firearm in the commission of a crime;

• Is at an established shooting range authorized by the governing body or a lawful organized shooting competition;

• While participating or practicing for a performance by an organized group that uses firearms; or

• While hunting or trapping in legal places and in the presence of the transferor.

• Establishes the following legal offenses for an unlicensed person who voluntarily sells or transfers one or more firearm to another unlicensed person, including (Sec. 7):

• A gross misdemeanor for the first offense; and

• A category C felony for any second or subsequent offense.

Full Bill Text

Vote Smart's Synopsis:

A vote to pass a bill that expands background checks for firearm purchases to private sellers.

Highlights:

• Prohibits an unlicensed person from selling or transferring a firearm to another unlicensed individual unless a licensed dealer first conducts a background check on the buyer or transferee before the transaction occurs (Sec. 5).

• Defines an “Unlicensed person” as a individual who does not hold a license as a dealer, importer, or manufacturer in firearms (Sec. 4).

• Requires the seller or transferor and the buyer or transferee appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee before making the transaction (Sec. 5).

• Specifies that if the Central Repository or any other state or local agency determines from the background check that the buyer or transferee is ineligible to purchase the firearm, the licensed dealer shall return the firearm to the seller or transferor who shall not be permitted to sell the firearm to the ineligible individual (Sec. 5).

• Authorizes a licensed dealer to charge a reasonable fee for conducting a background check and facilitating a firearm transfer between 2 unlicensed individuals (Sec. 5).

• Exempts the following groups, individuals, and types of firearms from these transaction provisions, including, but not limited to (Sec. 6):

• Law enforcement officers and agencies;

• Immediate family members including spouses, parents, children (step-related or adopted), siblings, grandparents, grandchildren, aunts, uncles, nieces, or nephews;

• Administors, trustees, and personal representatives of an estate

• Antique firearms;

• Authorizes the temporary transfer of a firearm from a person who is not prohibited from buying or possessing a firearm under state or federal law if such transfer is necessary to prevent imminent death or great bodily harm (Sec. 6).

• Specifies that the temporary transfer of a firearm may be authorized under the following circumstances, including, but not limited to (Sec. 6):

• The transferor has no reason to believe the transferee intends to use the firearm in the commission of a crime;

• Is at an established shooting range authorized by the governing body or a lawful organized shooting competition;

• While participating or practicing for a performance by an organized group that uses firearms; or

• While hunting or trapping in legal places and in the presence of the transferor.

• Establishes the following legal offenses for an unlicensed person who voluntarily sells or transfers one or more firearm to another unlicensed person, including (Sec. 7):

• A gross misdemeanor for the first offense; and

• A category C felony for any second or subsequent offense.

Full Bill Text