LAS VEGAS, Nev. (KOLO) - After voters passed NV-1, the gun purchase background check act, in 2016, Attorney General Adam Laxalt ruled the law could not be enforced because it required the FBI to perform the background checks, but the FBI refused.
In letters to Governor Brian Sandoval, the FBI said the state cannot mandate how federal resources are allocated.
Gun sales background checks are already required in Nevada for firearms purchased through dealers. The law would have extended background checks to private sales and anytime a firearm is lent between two individuals who are not closely related.
Three individuals sued AG Laxalt and Governor Sandoval to require them to enforce the law.
Now, the District Court in Clark County has dismissed the lawsuit saying Governor Sandoval and AG Laxalt made an effort to enforce the law, but that the law was flawed and not enforceable as written.
“The Court’s 22-page decision reaffirms what my office has been saying all along—that the Act ‘is unenforceable as written,’” said AG Laxalt. “This is not because of anything that I or other Nevada officials have failed to do; in the words of the Court, we have ‘undertaken a real and substantial effort to implement the law.’ Rather, it is a result of Question 1’s flawed drafting."