The court ruling that stalled Nevada’s universal gun background check initiative turned on a key provision that the initiative’s authors included in the text.
The initiative, which passed by less than 10,000 votes statewide in 2016, would have required gun sales between private parties to undergo the same background check that happens in gun stores right now.
But on Monday, a 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.”
The District Court also rejected each of the proponents’ legal claims, saying that they “failed to provide this Court with any authority even remotely supporting” their legal argument.
Politics Now Co-host Steve Sebelius has more on the initiative’s fatal flaw.