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| Nevada must enforce its own background-check law, legal suit demands | Nevada must enforce its own background-check law, legal suit demands |
| (12 days later) | |
| Advocates in Nevada filed a lawsuit on Thursday seeking to compel the state to enforce an enhanced gun-purchase background check law that has been on the books since January but has so far been pushed aside. | Advocates in Nevada filed a lawsuit on Thursday seeking to compel the state to enforce an enhanced gun-purchase background check law that has been on the books since January but has so far been pushed aside. |
| “This case is about the refusal of the governor of Nevada to discharge one of his most fundamental constitutional obligations – to see that the laws of this state are faithfully executed,” the group, Nevadans for Background Checks, argued in its filing. | “This case is about the refusal of the governor of Nevada to discharge one of his most fundamental constitutional obligations – to see that the laws of this state are faithfully executed,” the group, Nevadans for Background Checks, argued in its filing. |
| The suit has been threatened for months and was being prepared before Las Vegas saw the deadliest mass shooting in modern US history earlier this month. Fifty-eight people died and nearly 500 were injured when a gunman opened fire on a music festival from the 32nd floor of the Mandalay Bay hotel. | The suit has been threatened for months and was being prepared before Las Vegas saw the deadliest mass shooting in modern US history earlier this month. Fifty-eight people died and nearly 500 were injured when a gunman opened fire on a music festival from the 32nd floor of the Mandalay Bay hotel. |
| The shooting has however refocused public attention on Nevada’s gun laws and put pressure on Brian Sandoval, the governor, to consider how his state might be able to come into compliance with a law he has all but ignored for 10 months. | The shooting has however refocused public attention on Nevada’s gun laws and put pressure on Brian Sandoval, the governor, to consider how his state might be able to come into compliance with a law he has all but ignored for 10 months. |
| “Clearly the attention that’s now been brought to the failure to implement the law seems to have awakened the governor to at least ask the question, ‘Can this be implemented?’” said an attorney familiar with the suit. | “Clearly the attention that’s now been brought to the failure to implement the law seems to have awakened the governor to at least ask the question, ‘Can this be implemented?’” said an attorney familiar with the suit. |
| In November 2016, by a razor-thin margin, Nevada voters approved a ballot measure to require background checks on all private firearm purchases. Shortly after its passage, however, state attorney general Adam Laxalt, a strong supporter of the National Rifle Association, wrote an opinion concluding that the law was “unenforceable” as written. | In November 2016, by a razor-thin margin, Nevada voters approved a ballot measure to require background checks on all private firearm purchases. Shortly after its passage, however, state attorney general Adam Laxalt, a strong supporter of the National Rifle Association, wrote an opinion concluding that the law was “unenforceable” as written. |
| That opinion was one Sandoval seemed willing to accept, at least until after the 1 October shooting. He then sent a letter to Laxalt, asking if a path to enforcement could be revisited. Both Republicans had been against the ballot initiative. | That opinion was one Sandoval seemed willing to accept, at least until after the 1 October shooting. He then sent a letter to Laxalt, asking if a path to enforcement could be revisited. Both Republicans had been against the ballot initiative. |
| Nevadans for Background Checks wanted to keep the checks free to minimize the burden of the law and likely to pre-empt a potential argument by opponents. To accomplish this, the measure passed in 2016 required that background checks conducted on private gun transactions be executed through the FBI’s criminal background system, which is free. | Nevadans for Background Checks wanted to keep the checks free to minimize the burden of the law and likely to pre-empt a potential argument by opponents. To accomplish this, the measure passed in 2016 required that background checks conducted on private gun transactions be executed through the FBI’s criminal background system, which is free. |
| However, in the late 1990s Nevada became one of 12 states to host its own criminal background check system for retail firearm purchases. In so-called “point-of-contact” (POC) states, a state agency – in Nevada’s case the department of public safety – conducts the FBI search as well as a search of its own state and local records. Such records often include items federal checks are bound to miss. | However, in the late 1990s Nevada became one of 12 states to host its own criminal background check system for retail firearm purchases. In so-called “point-of-contact” (POC) states, a state agency – in Nevada’s case the department of public safety – conducts the FBI search as well as a search of its own state and local records. Such records often include items federal checks are bound to miss. |
| Shortly after the 2016 election, the FBI sent a letter to the Nevada state government, informing it that as Nevada was a POC state, the bureau would not conduct checks for individuals. In Laxalt’s view, this made the law impossible to enforce. | Shortly after the 2016 election, the FBI sent a letter to the Nevada state government, informing it that as Nevada was a POC state, the bureau would not conduct checks for individuals. In Laxalt’s view, this made the law impossible to enforce. |
| “The law does not require impossible acts,” the attorney general’s office wrote in a letter announcing it would not enforce the background check law. | “The law does not require impossible acts,” the attorney general’s office wrote in a letter announcing it would not enforce the background check law. |
| An FBI spokesperson declined to comment. | An FBI spokesperson declined to comment. |
| Mark Ferrario, lead counsel for Nevadans for Background Checks, said: “All that is required of the governor is that he engage directly with the FBI, confirm Nevada’s choice of partial POC status, and take the steps necessary to implement the law.” | Mark Ferrario, lead counsel for Nevadans for Background Checks, said: “All that is required of the governor is that he engage directly with the FBI, confirm Nevada’s choice of partial POC status, and take the steps necessary to implement the law.” |
| According to Ferrario and Nevadans for Background Checks, the answer is simply for the state to reach out to the FBI and ask to become a “hybrid” state, where retail checks are done through the state system and private checks are done through the FBI. | According to Ferrario and Nevadans for Background Checks, the answer is simply for the state to reach out to the FBI and ask to become a “hybrid” state, where retail checks are done through the state system and private checks are done through the FBI. |
| “The path forward was presented to [Sandoval] months ago,” Ferrario said. “He should immediately engage with the FBI to implement the law.” | “The path forward was presented to [Sandoval] months ago,” Ferrario said. “He should immediately engage with the FBI to implement the law.” |
| Nevadans for Background Checks argues that nine of the other 12 POC states have this arrangement. Essentially, the group is accusing the governor and attorney general of playing dumb to avoid enforcing a law they do not support. | Nevadans for Background Checks argues that nine of the other 12 POC states have this arrangement. Essentially, the group is accusing the governor and attorney general of playing dumb to avoid enforcing a law they do not support. |
| The law would not have applied to the Las Vegas shooter, as most if not all of his weapons were purchased from authorized dealers. He would have passed an FBI or state background check without issue. | The law would not have applied to the Las Vegas shooter, as most if not all of his weapons were purchased from authorized dealers. He would have passed an FBI or state background check without issue. |
| Furthermore, the law has so far had the opposite effect of its intent. Before its passage, unauthorized sellers could seek out a background check but were not required to. Now, with no avenue to conduct them, all background checks on guns sold by unlicensed sellers have been halted. | Furthermore, the law has so far had the opposite effect of its intent. Before its passage, unauthorized sellers could seek out a background check but were not required to. Now, with no avenue to conduct them, all background checks on guns sold by unlicensed sellers have been halted. |
| The suit says this has left “law-abiding citizens who want the assurance of a background check prior to selling a gun to another citizen without any mechanism to obtain one”. | The suit says this has left “law-abiding citizens who want the assurance of a background check prior to selling a gun to another citizen without any mechanism to obtain one”. |
| Elizabeth Becker, a volunteer with the Nevada chapter of Moms Demand Action For Gun Sense in America, said: “Our governor and attorney general now face a clear choice: will they keep dragging their feet on enforcing the law voters passed last year, or will they start working with the FBI to implement it? | Elizabeth Becker, a volunteer with the Nevada chapter of Moms Demand Action For Gun Sense in America, said: “Our governor and attorney general now face a clear choice: will they keep dragging their feet on enforcing the law voters passed last year, or will they start working with the FBI to implement it? |
| “Last week was a terrifying wake-up call about why strong gun laws matter, and parents like me won’t sit idly by as our leaders refuse to their jobs. Our volunteers will be doing all we can to urge the governor and attorney general to take action to enforce the law Nevadans voted for.” | “Last week was a terrifying wake-up call about why strong gun laws matter, and parents like me won’t sit idly by as our leaders refuse to their jobs. Our volunteers will be doing all we can to urge the governor and attorney general to take action to enforce the law Nevadans voted for.” |