State official says gun law gets job done

Tuesday, June 18, 1996 | 11:59 a.m.

CARSON CITY -- At least once a week, someone sought on a felony arrest warrant tries to buy a pistol in one of Nevada's gun shops.

This is one of the surprises of the federal Brady Law, which is under review by the U.S. Supreme Court.

Since the law went into effect Feb. 28, 1994, more than 70,000 background checks have been run in Nevada on those who wanted to purchase a handgun. Only a small percentage have been denied a permit.

"The Brady bill is doing what it set out to do -- keep prohibited people from purchasing handguns," said Dennis DeBacco, who handles the criminal history records program for the state.

"On the average of once a week, we learn of an individual who is purchasing a gun who is wanted on an outstanding felony warrant somewhere in the country," DeBacco said. "We've been successful in arresting some of them before their transaction is complete."

The Supreme Court on Monday agreed to consider the appeals of sheriffs from Arizona and Montana who say the federal law is unconstitutional because it puts the burden of doing background checks on state officials.

"They are not taking issue with the background checks," DeBacco said. "They're saying the feds should do the background checks.

"In Nevada we have built an instant check system that is convenient to the proposed purchaser and the gun dealer and it's done at a reasonable cost."

A person who goes to a licensed gun dealer must fill out federal forms and pay $15 for a background check.

The dealer calls toll free to DeBacco's office, which runs the purchaser's name and other identification through state and federal computer programs.

Its aim is to determine if he or she has a felony conviction, is wanted on a felony warrant, is under indictment, has ever been declared mentally incompetent, is currently under a restraining order involving stalking or domestic violence, ever dishonorably discharged from the military or has ever renounced U.S. citizenship.

It's these people who can't get the approval for the gun purchases.

"Eighty percent of our transactions are cleared within seconds and the other 20 percent are placed on hold, pending record review," DeBacco said.

"And they are cleared up anywhere on an average of one hour upward to five days, which the Brady Law allows. Very few go the full five days."

In some cases, he said, a common name like Smith takes additional time to check with other identification sources, such as Social Security numbers or date of birth.

The Nevada office is open seven days a week from 8 a.m. to 6 p.m.

While the Brady Law is stopping the purchase of guns through licensed dealers, DeBacco says there is a "real big hole" because these people can purchase the guns through a private owner.

"Private party sales are not covered," he said.

There also have been complaints that an individual can avoid a background check by buying a weapon at a trade show.

But DeBacco said the gun shows in Nevada are primarily made up of federally licensed dealers who follow the law.

"At Cashman Field, they set up booths and carry their cellular telephones. And they conduct business the same as they do out of their stores."