The first question, if you remember was on every ballot in Nevada and was enacted with just 50.45% of the vote, which failed in each county with the exception of Clark. It involves the clearing of every private transfer and sale of firearms through a criminal background evaluation. Refusal to comply will result in a $2,000 fine or one-year imprisonment.

However, the office of the attorney general, Adam Laxalt indicated that those who developed the draft of the first question were although intelligent, the law they created can’t be enforced as of now because the federal agent responsible for the background evaluations has no intention of enforcing it. 

According to the summary of the ballot, the background evaluation would be performed through the National Instant Criminal Background Check System (NICS) provided by the FBI, and the federally accredited agent can impose a specific fine for performing the background evaluation and facilitating the transfer of firearms between uncertified individuals.

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However, at the early part of this month, a letter was sent by the FBI agent in charge of background evaluation, indicating that the background evaluation would not be performed by his office due to the mutual aid pact Nevada has, which has made the state become a contact point for background evaluation. Access has been granted to the NCIS data storage by the Department of Public Safety on grounds that an independent background evaluation can be performed for the sale of firearms.

According to the head of NCIS, a state regulation can’t and will not mandate a federal establishment to use resources.

Since a background evaluation is mandated to be performed through the NCIS by law, the AG suggests that it is an offense for the Department of Public Safety to carry out background evaluation.

According to the suggestion, the repudiation of the FBI towards performing the background evaluation as directed by law can bring about a ban on every sale and transfer of firearms in Nevada. A criminal charge is the only way of enforcing the Act based on the terms and convicting violators of the unintended ban on sale or transfer of firearms. Several years ago, the Nevada Supreme Court created a regulation that impossible regulations are not required by the law. In a situation where a requirement is imposed by law that cannot be carried out, an individual is not required to comply until the hindrance has been eliminated.

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A single method is specified by law for performing a background evaluation. Therefore, this prohibits the state and makes it hard to enforce the law.

According to Joseph Heller’s decryption of Catch 22 in his book that has a similar name, a physician indicated that a pilot could be prevented from gaining access to a World War II aircraft if he was mentally deranged but he must personally request to be grounded to show he is sane since only a crazy individual would desire to go on dangerous missions.

Heller wrote that the only catch was Catch-22, which indicates that the only process for sanity is to be worried about one’s security when encountered with immediate and genuine danger. Orr was mentally incapacitated and could be kept from flying but he just had to make the request which he would be allowed to fly more missions once he requested to be grounded. Orr would be considered insane to go on more missions but sane if he decided not to. However, if he was level-headed, he was expected to. However, flying them would make him insane but in a situation that he refused, he would be sane and should.

According to the explanation of the Bureau Chief Gregory Zumino, although the Act mandates a responsibility by every inhabitant of Nevada who intends to sell or transfer firearms privately, a hindrance has been created by the Act, beyond the control of the state and the Act which hinders it from performing the duty. As a result, a regulation that voters attempt to mandate some requirements for the sale or transfer of firearms privately, which is now considered a complete ban, is currently against the voters. Threatening criminal convictions will only strengthen the regulation against impossible requirements through due process or constitutional assurances. It is unlawful by law to convict an individual to carry out what is impossible.

Therefore, we hope that before long, this complex law is eradicated and has no foothold.

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