Nevada District Court tosses out Question 1 lawsuit

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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.” 

In November 2016, voters approved background checks for private party gun sales and transfers.

In Dec. 2016, the Nevada Attorney General’s Office announced it was not going to enforce the new law.  The decision came after the state’s Department of Public Safety received a letter from the FBI saying the federal agency will not conduct background checks required by Question 1.

On Monday, 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. 

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