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Thursday, January 5, 2017

Nevada Background Check Law Runs Into More Problems

We’ve reported recently how the Nevada attorney general declared the state’s new “universal” background check law to be unenforceable, and how Nevada sheriffs have publicly stated they won’t enforce the law.

Now the law has run into another roadblock. According to a report in the Las Vegas Review-Journal, a new lawsuit filed by a private gun seller argues that it improperly creates a “taxable event” for gun sellers in violation of the state Constitution. The lawsuit claims that would violate the sellers’ right to due process in the event they did not have the checks conducted.

According to the complaint, a retailer performing a background check for a private gun sale or transfer would have to take possession of the firearm as if it was part of the store’s inventory and then charge the seller a sales or use tax. The Review-Journal reported that Las Vegas attorney Donald Green, who filed the lawsuit on behalf of a client who occasionally sells guns at gun shows, said that would place a financial burden on the seller.