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Criminal background check Las Vegas
Criminal background check Las Vegas
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Backers of a voter-approved gun buyer screening initiative that passed in November 2016 but was never enacted have filed notice they'll ask the Nevada Supreme Court to overrule a judge who decided the measure was fatally flawed and could not be enforced. The state high court should side with voters who chose to close what proponents of the measure call a legal loophole that lets gun purchasers skip background screenings when buying from another person or online, attorney Tami Cowden said Thursday. Twenty states have similar laws, she said. Nevada Gov. Brian Sandoval declined through his spokeswoman to respond to the Wednesday court filing alleging that he and state Attorney General Adam Laxalt failed to follow the will of the voters.
Nevada District Court decided Monday to toss out a lawsuit brought by the proponents of Nevada’s Background Check Act, also known as Question 1. The lawsuit blamed Nevada Attorney General Adam Paul Laxalt and Nevada Governor Brian Sandoval for the fact that the law wasn't being enforced. However, the Court, in a comprehensive 22-page opinion, ruled that “as a matter of law, […] given the undisputed efforts to implement The Background Check Act, it is unenforceable as written.”
A state judge shouldn’t have the authority to order Gov. Brian Sandoval to enact a private gun sale background check approved by voters in 2016, the state solicitor general argued in court Tuesday. “They’re asking the court to order the governor to say specific words, to actually script a letter for the governor and force him to sign it,” Solicitor General Lawrence VanDyke said about plaintiffs in a lawsuit seeking enactment of the screening measure. Attorneys on both sides made their arguments Tuesday before District Judge Joe Hardy Jr. on a bid to get Sandoval to ask the FBI to take over conducting criminal background checks during private sales of firearms.
A lawyer seeking a court order to enforce a Nevada gun buyer screening law that has not been enacted despite voter approval in November 2016 blamed the state's Republican governor and attorney general on Friday for stalling the law. "For either personal or political reasons," attorney Mark Ferrario told a state court judge in Las Vegas, Gov. Brian Sandoval and GOP state Attorney General Adam Laxalt "chose to stand back and really do nothing." Nevada Solicitor General Lawrence Van Dyke countered that the law was fatally flawed as written because it requires Nevada to have the FBI expend federal resources to enforce a state law.
https://www.dailyherald.com/article/20180223/news/302239891
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