How to Legally Sell a Gun in Nevada
The Silver State's stance on private firearm transactions is a crucial aspect that gun owners and enthusiasts need to understand to ensure compliance with regulations and promote responsible firearm ownership. Nevada gun laws are quite strict, whether you buying or selling a gun in Nevada.
The requirement for background checks for all firearms sales was implemented on January 2, 2020. This significant legislative change came as a response to the 2017 Las Vegas shooting, which tragically stands as the deadliest shooting in modern U.S. history. The profound impact of this incident prompted the enactment of the Bipartisan Background Checks Act of 2019.
How to Conduct Private Gun Sales in Nevada
Nevada law requires that private sales of firearms also include a background check. According to NRS § 202.2547, all private purchasers must undergo this check. Licensed firearms dealers conduct the background check. Consequently, the process now involves meeting at a licensed dealer, filling out Form 4473, and undergoing a background check.
Responsibilities of Licensed Dealer in Private Sales
Private sellers are responsible for engaging a federally registered firearms dealer (FFL) to perform the background check. The seller and prospective buyer must visit the FFL to finalize the transaction. It is common for the FFL to charge a service fee, typically around $25 to $30. In the event of a delayed background check, both parties must wait for an update. If the NICS check results in a denial, the seller must find a different buyer.
Completing the Sale or Transfer in Private Gun Sales
To wrap up the sale or transfer, private sales must be conducted through a licensed dealer who performs a background check.
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Purchasing from a Licensed Firearms Dealer
When you purchase a gun, you begin by selecting the one that suits your needs. Once you've chosen, you're given Form 4473 to fill out. The dealer also makes a copy of your Nevada ID and, if available, your concealed firearm permit (CCW). Next, the dealer calls the Nevada Point-of-Contact (POC) to conduct a background check. This check can result in three outcomes: approval, denial, or delay. A denial means that you are not permitted to own or purchase firearms, while a delay may be due to a more detailed search or a name match that requires further verification. If unresolved in three days, the sale can proceed.
Age Restrictions for Purchasing Firearms in Nevada
The law specifies age restrictions for the purchase of firearms. To purchase a handgun, the buyer must be 21 years or older. However, the buyer must be 18 years or older for a rifle or shotgun. Federal laws determine these age requirements.
The minimum age to buy a handgun from a dealer in Nevada is 21. But, the minimum age to own a firearm, including handguns, is 18.
Disqualifications for Purchasing a Firearm in Nevada
Certain individuals are prohibited from purchasing firearms in Nevada. These include individuals convicted of a misdemeanor crime of domestic violence or a felony, those in violation of specific laws, those subject to an extended order for protection against domestic violence, fugitives from justice, unlawful users or addicts to controlled substances, and anyone prohibited by federal law.
Federal Laws for Private Firearm Sales
Federal laws are regulations and guidelines that govern private transactions at the national level. Understanding these laws is vital for responsible firearm ownership. Join us as we navigate the intricacies of federal legislation, shedding light on requirements, restrictions, and obligations.
Background Check Process for Private Sellers
For private sellers, whether you're selling a handgun, a rifle, or a shotgun, the process is as follows: you must find a federally registered firearms dealer (FFL) to conduct the background check. Both the seller and prospective buyer must visit the FFL to complete the exchange. If the background check is delayed, the buyer and seller must wait for an update. If the NICS check is denied, they must find a different buyer.
Appeals Process for Denied Background Checks
In case of a denied background check, you can appeal through the FBI using the firearm-related challenge process. This process provides an opportunity to correct erroneous information. Appeals can be made in case of denial or delay.
Federal Disqualification Categories
Federal law also sets out categories of disqualification. These include a conviction (felony or misdemeanor) with a maximum imprisonment term exceeding 1 year, a warrant (felony or out-of-state misdemeanor), a felony pretrial release, misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment, unlawful use or addiction to a controlled substance (including marijuana), a dishonorable discharge from the armed forces, having renounced U.S. citizenship, or being an illegal alien.
Age Qualifications
Federal law establishes age qualifications for firearm purchases, aligning with the state laws of Nevada. Buyers must be at least 21 years old to purchase a handgun, while for rifles or shotguns, the minimum age is 18. It's worth noting that in Nevada, the minimum age to purchase a handgun from a dealer is 21, but individuals can legally own firearms, including handguns, at the age of 18.
Gun Registration
One important aspect to note is that Nevada has no gun registration. This means firearms received as gifts or brought in from other states must not be registered.
Purpose and Effects of the New Law
The primary objective of the new law is to address the "gun show loophole" by mandating background checks for all gun sales. In Nevada, every firearm sale must now be conducted through a Federal Firearms Licensee (FFL). To initiate the process, buyers are required to complete ATF Form 4473, which is then submitted by the FFL for a background check through the National Instant Criminal Background Check System (NICS). The outcome of the background check will determine whether the buyer receives an approved, delayed, or denied response, ultimately establishing their eligibility to proceed with the purchase of a firearm.
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Finding a Licensed Gun Dealer
The ATF Directory provides a searchable list of registered FFLs. It's recommended to use the official ATF database as commercially owned directories may not have accurate information.
Exceptions and Transfers
Certain exceptions exist for transfers of firearms, such as sales or transfers to law enforcement agencies, antique firearms, and immediate family members. Immediate family includes spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews. Background checks are still required for immediate family transfers.
Penalties for Violating the Background Check Act
Violating the Bipartisan Background Checks Act of 2019 is considered a gross misdemeanor. Penalties include county jail time up to 364 days, a fine up to $2,000, or both. Subsequent offenses can lead to one to five years in state prison, a fine up to $10,000, or both.
Details about Universal Background Checks
Universal background check laws mandate private sellers to appear in person at a licensed dealer for a background check. Different procedures and fees apply to retail dealer sales, private sales/transfers, and CCW holders. The law includes exemptions for sales to law enforcement agencies, antique firearms, and transfers to immediate family members.
How to Borrow a Gun Legally in Nevada
Interestingly, lending a firearm to a boyfriend/girlfriend or close friend requires a background check. Even when getting the gun back, a background check is necessary.
Age Restrictions and Ammunition Purchase
In Nevada, background checks are not required to buy ammunition. However, certain federal and state regulations may apply to the purchase of specific types of ammunition, such as armor-piercing rounds.
Advice for a Secure Sale and Maximizing Value
For a smooth sale, your firearm must be well-maintained, clean, and work well. Be sure to describe the firearm in detail. Include its make, model, caliber, and any extra accessories. Make a detailed firearm bill of sale in Nevada. Include key documents, such as warranties and receipts. Conclude the sale. Then, transfer ownership officially. Do so in a way that follows all relevant laws.
Maintenance and Cleaning:
It's advised to sell your firearm only when it's in top working order and has been thoroughly cleaned. This not only ensures a smoother sale but may also enhance the gun’s value.
Detailed Description:
In anticipation of a private sale, strive to provide a comprehensive and truthful description of the firearm. This should include details about its make, model, caliber, and any accompanying accessories. A precise description aids in facilitating a seamless transaction with the eventual buyer.
Record Keeping:
You should prepare an exhaustive firearm bill of sale in Nevada (insert our BoS link here) that safeguards both parties in the event of disagreements. This should detail the sale date, information about the buyer and seller, and specifics of the firearm (such as make, model, and serial number). Furthermore, remember to add any relevant documentation, like purchase receipts and warranty information.
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Concluding the Sale and Transferring Firearm Ownership:
Once a legal buyer has been found, finalize the sale and legally transfer ownership of the firearm. Always abide by all necessary local, state, and federal laws and regulations, including performing background checks and acquiring any required permits or licenses.
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Selling Your Guns Through Cash for Arms
Cash for Arms is a dependable and secure choice for selling your firearm. By selecting a trustworthy buyer, you can facilitate a smooth, lawful transaction while achieving the best possible market value for your firearm.
When selling your gun in Las Vegas or elsewhere in Nevada to Cash For Arms, you can rest easy. The transaction fully follows all state and federal regulations.
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