In November 2016, Nevada voters closed the private sale loophole and adopted universal background checks through a voter initiative, Question 1. Effective January 1, 2017, Question 1 requires that firearm sales and transfers in Nevada must generally be conducted by or processed through a licensed firearms dealer pursuant to a federal NICS background check.1 Nevada’s law requires an unlicensed seller and prospective recipient to appear together to request that a licensed dealer conduct the required background check.2 The dealer must take possession of the firearm prior to completing the sale or transfer and must return the firearm to the seller if the prospective recipient does not pass the federal background check.3
Nevada’s law includes certain exemptions for firearms to be transferred without a background check. These include:4
- Transfers by or to a law enforcement agency or peace officer, security guard, or member of the armed forces acting within the course and scope of his or her employment or official duties;
- Antique firearms;
- Transfers between immediate family members, as specified.
- Transfers to executors of estates or trusts upon the owner’s death;
- Temporary transfers for self-defense, hunting and trapping, target-shooting, and organized competitions and performances;
- Temporary transfers that occur exclusively while in the presence of the transferor, provided the transferor has no reason to believe that the transferee is prohibited from having guns or will use the gun in a crime.
See our Private Sales policy summary for a comprehensive discussion of this issue.