Many gun sales in the Silver State have been stuck on hold for the past few weeks after a cyberattack on multiple state agencies, and there’s no telling when the state’s background check system will be back online.
Hannah Miles, owner of Guns N Ammo in Gardnersville, Nevada, tells Bearing Arms that she currently has more than 20 background checks pending; all from customers who’ve paid for their firearms but can’t take possession because of the outage. Miles adds that she’s heard it could be a couple of months before the problem is rectified, and the state has offered no alternative for FFLs to conduct the checks while the system is offline.
The cyberattack took place on August 24, so it’s already been more than two weeks of frustration for gun buyers and sellers. Individuals who hold a valid Nevada concealed carry license are exempt from the background check requirement on gun sales, but the outage is impacting everyone else.
Gun store owners told News 4-Fox 11 the outage has affected gun sales, but they were more concerned with the cyberattack affecting Nevadans’ Second Amendment rights.
“The state’s priority should be the constitutional rights of the citizens,” said Michael Alaimo, owner of Rightful Liberty Arms in Reno. “When you go to the state website, it doesn’t say anything about the firearms. Everything says about payroll and DMV, and those are not rights. You know the right to bear arms is in our constitution.”
Alaimo said roughly half of his sales are to people that require a federal background check, while the other sales are to concealed carry permit holders.
Meanwhile, Marcus Hodges, Reno Guns & Range’s assistant general manager, said he has a table ‘piling up with firearms’ that cannot be given to customers.
“There are some people that are foregoing the sale at this point in time. Unfortunately, it’s affecting everybody in the state,” Hodges said.
Nevada is what’s known as a Point of Contact state, meaning Nevada FFLs contact the state’s Department of Public Safety’s Records Bureau instead of going to the FBI’s National Instant Criminal Background Check System directly. According to the state, “the advantage to this is that the Point of Contact Firearms Program has access to Nevada criminal history records.”
The disadvantage, of course, is that an untold number of Nevadans are now unable to exercise their Second Amendment rights because of this cyberattack. That’s a real problem, from both a practical and constitutional standpoint.
A right delayed is a right denied, and at the moment the right to keep and bear arms is being denied to every first-time gun buyer in Nevada who doesn’t hold a valid carry license. There is no way for them to legally acquire a firearm unless they can find a seller who fits in the state’s narrow exceptions to its universal background check law, and that’s not going to be possible for many residents.
The effects on gun sellers are equally profound. Most people aren’t going to spend money on a gun if they can’t actually take possession of it until some unknown date in the future, and the inability to process background checks for weeks on end will certainly have an impact on the finances of many FFLs. It’s possible that some shops will have to cut staff or even close entirely if these delays last much longer.
I’m honestly not sure what it would take to allow FFLs to go directly to NICS itself, but unless there’s a provision in state law that allows for that in the case of a system failure it would most likely involve litigation, and the prospects of any legal relief are slim. I’m not aware of any lawsuit that’s been filed over the delays, but even if gun stores or gun buyers were to sue it would take some time to get before a judge, and even longer to obtain injunctive relief. By then the system may once again be operational, and my guess is that most FFLs don’t want to spend the money hiring an attorney and suing the state if there’s a chance their lawsuit will be mooted by the time they get their day in court.
At this point, though, it might be worth the effort. If nothing else, lawmakers need to revise or amend the state’s background check law to allow FFLs to go directly to NICS if and when the DPS Records Bureau is unable to conduct background checks in the future. That won’t fix the ongoing problems, but it would at least prevent them from re-occuring the next time the state gets hit with a cyberattack.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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