Fate of Nevada Initiative to Ban Private Sales Uncertain

The status of the Nevada "Background Check Initiative" that would ban private sales in Nevada is uncertain.   101,667 valid signatures are required to put the measure up for a vote in the legislature.  If the legislature refuses to pass the measure, then the initiative would be put to the people for a vote.    Yesterday, 11 November, 2014, was the last day for signatures to be collected.   A group supporting an initiative to legalize marijuana said that they had collected 200,000 signatures.  The Bloomberg supported group, Nevadans for Gun Safety, claims that they have collected more than the required number for the "background check" initiative. 

The initiative in Nevada is a similar but abbreviated form of I-594 in Washington state.  This initiative is only 8 pages long, instead of the 18 pages in the Washington initiative.   It bans private sales of firearms in Nevada, requiring that all sales be made through federally licensed dealers who must record all the information about the firearm and the person receiving the firearm,  setting the stage for a registration system. 

Background checks without firearms information, such as serial numbers, are routinely done for purposes of concealed carry licenses, but the initiative requires that firearm information be recorded.  There is no need to record this information  if the purpose is simply to perform a background check.   It is only needed if a registration list is desired.

The Nevada initiative requirements include that 10 percent of the previous election's number of voters signatures be collected in each congressional district, so the signatures are required to be distributed across Nevada.  Nevada signature numbers used to be required in each county, but the Ninth Circuit struck down geographical representation by county, which is why the distribution is now by congressional district.

A count of all signatures will be done by county clerks to see if a minimum of signatures have been collected in each congressional district.  If that test is passed, a sample of 5% of signatures will be is validated.    If the sample results in an insufficient percentage of signatures being found valid, all signatures will be checked.

Further news on the progress of this initiative will be reported as it occurs.

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