Explore The NRA Universe Of Websites

APPEARS IN News

Nevada Concealed Firearm Permit Holders Lose NICS Exemption for Private Transfers

Monday, December 16, 2019

Nevada Concealed Firearm Permit Holders Lose NICS Exemption for Private Transfers

Nevada Concealed Firearm Permit holders are set to get a lump of coal in their stocking this Christmas. Nevadans with a permit have long-enjoyed NICS-exempt status, which exempts these law-abiding individuals from having to undergo a National Instant Criminal Background Check System check every time they purchase a firearm from a gun dealer. Thanks to SB 143, which criminalized the private transfer of firearms in the Silver State, as of January 2 permit holders will be forced to undergo a NICS check when they purchase a firearm from a private individual through a dealer.

Federal law requires individuals to undergo a NICS check every time they purchase a firearm from a Federal Firearms Licensee (FFL). However, 18 U.S.C. § 922(t)(3) exempts transfers between a gun dealer and another person if,

              (i) such other person has presented to the licensee a permit that--

(I) allows such other person to possess or acquire a firearm; and

(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and

(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;

The Bureau of Alcohol, Tobacco, Firearms and Explosives maintains a list of state-issued permits that qualify for this exemption. This list is available as the ATF’s “Permanent Brady Permit Chart.”

The NICS exemption system is efficient, as it allows persons who have already been vetted by a NICS background check to purchase firearms without delay and decreases the burden on the FBI’s NICS Section by reducing redundant background checks.

Further, for some gun owners, a NICS exempt permit is essential to the meaningful exercise of their Second Amendment rights. According to the 2018 NICS Operations Report, 10 percent of all NICS transactions in 2018 were delayed for additional research while only about 1.2 percent resulted a denial. This means that many law-abiding gun owners face significant background check delays despite being able to lawfully possess firearms.

Lengthy delays often happen through no fault of the prospective firearm buyer. As the FBI explains on its website,

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth).

For many people the NICS exemption is vital, as they are repeatedly misidentified each time they undergo a check. Rather than go through a lengthy delay every time they exercise their rights, the NICS exemption process enables a person to undergo the cumbersome process once and then purchase guns without interference for the next five years.

In late October, the Nevada Department of Public Safety began sending out letters to FFLs informing them about their obligations under SB 143. The letter stated that “effective January 2, 2019, a Concealed Carry Weapon Permit holder is NOT exempt from the NICS background check for private parties required” by the new state law. Therefore, individuals seeking to obtain a firearm from another private party will be required to undergo a NICS check even if they have a Nevada carry permit that the ATF recognizes as NICS exempt.

Nevada’s anti-gun politicians sold their background check legislation as a way to keep guns out of the hands of criminals. However, just like all gun control measures, this legislation was designed to further encumber law-abiding gun owners and reduce their ability to exercise their rights.

TRENDING NOW
The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

News  

Tuesday, May 27, 2025

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

A headline on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives appeared late in the day on May 21: “ATF Launches New Era of Reform.” According to the accompanying announcement:

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.