NRS: 202.2547 states " A licensed dealer who agrees to conduct a background check pursuant to this section shall comply with all requirements of federal and state law as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee, including, but not limited to, all recordkeeping requirements. For the purpose of determining whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law, the licensed dealer shall contact the same agency as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee. "
202.2547 does not specifically mention how to proceed on a pending. So, then it would fall back to what is the law/reg for if the dealer was selling the firearm from their inventory. Anyone know what the law is when a buyer gets a pending when buying from an FFLs inventory ?
My layman’s take is that, because pending/unresolved checks are not addressed in the state law, the FFL still cannot transfer to the buyer. Nothing in state law says they can do so. Note that state law uses clever language like “…dealer agrees to conduct a background check…” (basically saying dealer is now obligated to abide by it). I note in the Federal laws, dealers are required to abide by all state and city laws atop their Federal laws.
Section 3 of the state ppt law says the dealer has to perform the check to determine the buyer’s eligibility to purchase the firearm. “Pending/unresolved” statuses do not fulfill that determination.
Section 4 of the state ppt says the state shall notify the dealer the “result” of the background check. Part of the definition of result in the dictionary is “conclusion”, so a pending/unresolved background check is, by definition, not concluded.
I’m not married to my ideas here, and I honestly hope someone can definitively prove me wrong.
Full CFR’s here if you want to cuddle up to a novel of legalese:
https://www.law.cornell.edu/uscode/text/18/922