Is it true that this initiative only applies to sales between strangers and those occurring at gun shows?
No. "Transfers" are not just limited to sales but apply to any situation where a firearm owner relinquishes possession unless specifically enumerated as an exception. This means that any time a person hands a firearm to another person, they are potentially exposing themselves to conviction for a misdemeanor that on a first offense can carry jail time of up to a year and a $2,000 fine. Despite this fact, the initiative’s supporters continue to portray the initiative as applying only to gun sales. What are they trying to hide?
Where do criminals get their guns?
According to the U.S. Department of Justice, 77 percent of criminals in state prison for firearm crimes get firearms through theft, on the black market, “on the street,” or from family members and friends. Less than one percent get firearms from dealers or non-dealers at gun shows.
ATF has reported, “[t]he most frequent type of trafficking channel identified in ATF investigations is straw purchasing from federally licensed firearms dealers.” Criminals defeat the background check system by getting guns through straw purchasers. The terrorists who attacked in San Bernardino, California, in December 2015, used firearms they acquired through an alleged straw purchaser.
I'm in the military and will be deploying with my unit. Can I leave my guns with a friend, my fiance' or a family member?
If passed, Question 1 would criminalize otherwise lawful transfers unless both parties appear jointly at a gun dealer, have a check run and are subjected to fees. "Transfers" are not just limited to sales but apply to any situation where a firearm owner relinquishes possession unless specifically enumerated as an exception. This means that any time a person hands a firearm to another person, they are potentially exposing themselves to conviction for a misdemeanor that on a first offense can carry jail time of up to a year and a $2,000 fine. Despite this fact, the initiative’s supporters continue to portray the initiative as applying only to gun sales.
As a Nevada concealed carry permit holder, I am exempt from the federally mandated background check. Can I purchase a firearm from a private individual without filling out paperwork and submitting to a background check at a licensed dealer?
Due to the background checks that permit holders go through to get a permit, under current law they are exempt from the background check requirement when acquiring a firearm from a licensed dealer. However, the initiative contains no such exemption, so permit holders would be exempt from a background checks when acquiring a firearm directly from a licensed dealer, but not when the same dealer facilitates a sale from another person to a permit holder.
I'm going hunting with some friends. Can I borrow a gun for the hunt?
A firearm can be borrowed for hunting, but the transfer must take place in the hunting field rather than the transferor’s home.
Who's behind this initiative?
Good question. The initiative is being bankrolled by a coalition of billionaires who want to destroy the Silver State's proud traditions and support for our fundamental right to self-defense. Former New York City Mayor Michael Bloomberg and his gun control group, Everytown for Gun Safety, has already spent millions gathering signatures to put this initiative on the ballot. Bloomberg is joined by fellow billionaires Sean Parker and Elaine Wynn in providing financial support for Question 1.
My best friend has just separated from her partner due to a domestic violence incident, and wants to borrow a gun because she thinks he is stalking her. Is this loan allowed under Question 1?
A temporary loan of a gun to a friend for defensive use isn’t exempted under the initiative unless the loan is “necessary to prevent imminent death or great bodily harm,” and the loan lasts only as long as necessary to prevent such threat. A fear of a possible future attack isn’t enough. Unless these and the other elements of the defensive use exception apply, this loan is allowed only if you and your friend satisfy the background check, paperwork, and fee requirements at a federally licensed gun dealer’s premises.
What is the fee for a firearm transfer under Question 1?
Question 1 authorizes a licensed dealer to charge a "reasonable fee," but nothing in the initiative sets or limits this fee. Conducting background checks and filling out paperwork for guns that are not part of that dealer's inventory can be time-consuming. Typically, a dealer will charge anywhere between $20 to $50 for processing each private sale or transfer. For example, a non-exempt loan of a firearm will involve an initial fee for the transfer between the owner and borrower, and a second, separate fee for the “transfer” back to the owner.
Are transfers at shooting ranges exempt from the requirements of Question 1?
Question 1 allows only temporary transfers that occur exclusively "at an established shooting range authorized by the governing body of the jurisdiction in which such range is located." The "established shooting range" term is not defined. This language suggests that, to feel comfortable the exemption applies, the persons intending to participate in a "transfer" be familiar with the status of the shooting range as one "authorized" by the locality. There is no exemption for sharing guns on other kinds of target ranges, such as informal ranges on public land.
Ways You Can Take Action Now
Election Day 2016 will be here before you know it and, to ensure this gun-control initiative is rejected, we need your active participation now!