Court rejects lawsuit over stalled Nevada background check ballot measure
By Chris Eger
Question 1 was backed by gun control advocates to a narrow victory at the polls but has been in a holding pattern since 2016 as state officials argue it is unenforceable. (Photo: Nevadians for Background Checks)
A Nevada judge is backing the choice by state officials to refrain from implementing a voter-approved universal background check law that never took effect.
The measure, Question 1, secured a thin margin at the polls in 2016 but was suspended by Nevada Attorney General Adam Laxalt over concerns on how it would be applied. With Laxalt backed up by Nevada’s Republican governor, Brian Sandoval, gun control advocates behind the initiative to conduct background checks on every firearm transferred in the state took the matter to court, a case that was rebuffed late Monday.
Clark County District Court Judge Joe Hardy Jr. characterized the arguments used by the measure’s supporters as “fundamentally flawed,” citing evidence that Sandoval and Laxalt tried in a “real and substantial effort” to work out an agreement over the expanded checks with federal officials.
Laxalt only moved to halt the measure in late 2016 after receiving feedback from the Federal Bureau of Investigation explaining the state’s private party background checks are in the purview of