One question that has come up as a result of Question 1, universal background checks, is will dealers be regulated by local pawnshop regulations? The controversy in question involves Clark County’s 30-day hold regulation for “pawned” items. Local laws may differ. NRS section at bottom.
Is a federally licensed gun dealer (FFL) a pawnbroker?
Pawnbroker, in the context of firearm dealers and background checks, is defined as one who “deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor.” This questionably applies to consignment sales, as if the gun does not sell, it would be transferred back (not sold) to the owner.
Because gun dealers are not “selling” the gun back to the seller or the one lending it, it is hard to see how this definition would apply. Pawning a firearm certainly would be included under the “who loans money on deposit of personal property” clause.
Where is the “30 day hold rule” and does it apply?
“No property received in the pledge by any pawnbroker or motor vehicle pawnbroker shall be removed from his place of business, except when redeemed by the owner thereof, unless within thirty days after the receipt thereof, it shall have been reported to the LVMPD as herein provided.”
7.12.110 requires reports to be made to LVMPD of items pawned (to identify stolen items being fenced). These sections taken together seems to require that items can be released to a person other than the owner (sold), as long as the item has been reported to Metro.
The purpose of this section is quite obviously to make sure that stolen items are not being fenced as the reporting and delay gives Metro a chance to locate stolen goods.
Is a federally licensed gun dealer (FFL) a “secondhand dealer”?
A "secondhand dealer" is defined to mean ... for purchasing, trading or dealing in any secondhand article whatsoever.
In this case, county codes would require gun dealers “dealing” (facilitating the transfer of privately owned firearms) to hold a secondhand license.
Doesn’t preemption apply?
NRS 244.364(8)(d) allows for ordinary business licensing and regulation of firearm dealers by counties (exemptions for towns and cities exist in their respective preemption sections). Also see below.
State Law (updated)
State Law (updated)
1. ... no property which has a specific mark for identification or is otherwise individually identifiable and is bought by any secondhand dealer may be removed from his or her place of business at which the transaction occurred within:Again, this section would not apply to an FFL providing Bloomberg background checks as he is not buying the pistol. There seems to be a conflict or ambiguity (perhaps the wording) that conflicts with Clark County code, which implies that it allows early release as long as Metro is notified. (Thanks to Michelle).
(a) Thirty days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is 700,000 or more; or
(b) Fifteen days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is less than 700,000.
Gun dealers do not need to hold guns for 30 days, especially for Bloomberg background checks, but will need to get a secondhand license in Clark County.
(All citations from Clark County Code unless noted otherwise)