NSSF Requests Nevada Gov. Lombardo Use Emergency Authority to Restore Firearm Background Checks

NSSF^® sent the following letter to Nevada Gov. Joe Lombardo. The cyberattack in Nevada’s computer systems has made it untenable for firearm retailers who cannot process instant background checks for firearm transfers. NSSF is respectfully requesting Gov. Lombardo use his emergency authority to temporarily revert to the FBI National Instant Criminal Background Check System (NICS).

Re: Emergency Authorization to Utilize FBI NICS During Nevada DPS System Outage

Dear Governor Lombardo:

On behalf of Nevada’s licensed firearm retailers and firearm owners, we respectfully urge you to exercise your emergency authority under NRS Chapter 414 to provide immediate relief from the ongoing disruption caused by the Nevada Department of Public Safety’s Brady Point of Contact (POC) system outage.

For nearly twenty days, Nevada’s Point of Purchase (POC) background check system has been offline. While NSSF and our Nevada members understand this lengthy outrage is the result of a cyberattack that has adversely affected several state computer systems and we appreciate your administration’s diligent efforts to restore the POC systems to operational functionality, the delay is impacting the ability of law abiding Nevadans to lawfully exercise their Second Amendment rights.

Under NRS 202.254, FFLs must route firearm background checks through the Department of Public Safety (DPS), but with the system inoperable, lawful commerce in firearms has been effectively halted. This failure has placed tremendous strain on small businesses, employees, and law-abiding citizens, while doing nothing to advance public safety.

Federal law already mandates background checks through the FBI’s National Instant Criminal Background Check System (NICS). NICS remains fully functional and accessible, and it is the standard system used by the majority of states. Temporarily authorizing Nevada FFLs to utilize NICS directly while the DPS system is down would:

• Ensure continued compliance with federal background check requirements.
• Preserve public safety by guaranteeing that no firearm transfers occur without a background check.
• Prevent unnecessary economic harm to Nevada small businesses and their employees.
• Provide Nevada citizens with lawful access to their rights without delay.

We respectfully request that you exercise your legal authority to issue an emergency order suspending the POC requirement under NRS 202.254 for the duration of this outage and directing FFLs to contact the FBI NICS system directly until DPS operations are fully restored.

Looking beyond this immediate crisis, we believe this outage highlights the need to reconsider whether Nevada should continue operating as a POC state. A state-managed system funded by a $25 per-transaction fee has once again proven vulnerable to disruption. By contrast, the FBI NICS system is reliable, efficient, and already used successfully in many states, including neighboring Idaho.

We urge you to work with the legislature to repeal Nevada’s POC mandate and return to direct NICS checks on a permanent basis.

Our request today is narrow, temporary, and made in good faith to preserve lawful commerce and public safety during an unprecedented failure. But this experience makes clear that long-term reform is warranted so Nevada citizens and businesses are not left stranded by future system outages.

We appreciate your leadership and respectfully request prompt action.

Sincerely,
Lawrence G. Keane