Question 1 Advocates Calling On Sandoval, Laxalt To Implement Law

LAS VEGAS, NV - A group of Nevadans in support of a 2016 ballot initiative that passed, but has not been implemented into law, will take to the steps of the Clark County Regional Justice Center tomorrow to rally ahead of a public hearing on the issue.

Question 1, mandating background checks from a federally-licensed dealer on all gun purchases in Nevada, passed in November 2016 with just over 50 percent of the vote. In December 2016, Attorney General Adam Laxalt said the law was not enforceable due to the FBI's reluctance to take part. The initiative states that background checks be done using the National Instant Criminal Background Check System (NICS), which is run by the FBI.

Kimberly Del Greco, section chief of the NICS, issued a December 2016 letter to the Nevada Department of Public Safety, saying "the recent passage of the Nevada legislation regarding background checks for private sales cannot dictate how federal resources are applied. The position of the NICS Section is that these background checks are the responsibility of the state of Nevada to be conducted as any other background check for firearms, through the Nevada DPS as the POC."

In October 2017, three people who worked on the Question 1 campaign filed a lawsuit against Nevada Gov. Brian Sandoval, as well as Laxalt, to enforce the ballot initiative as law. Both Sandoval and Laxalt opposed the 2016 ballot measure.

"Regrettably, due to Governor Sandoval's refusal to act and a flawed and incomplete opinion from the Attorney General, the Background Check Act has not been enforced and remains in limbo, contravening the will of the people of Nevada who exercised their constitutional right to change the law to promote public safety and protect the communities of this state," the suit states.

The suit was filed by Dale Zusi, a U.S. Army Captain, as well as Vicki DeLeTorre, and Sydney Gordon. DeLaTorre and Gordon are both gun owners, according to the suit. Gordon is a U.S. Army veteran of the Vietnam War.

A hearing for the lawsuit is scheduled for Friday, Feb. 23 at 1:30 p.m. in Las Vegas. Supporters will gather on the steps of the courthouse at 12 p.m. Speakers will include former Clark County Sheriff Bill Young, Elizabeth Becker of Nevada MOMs Demand Action, former Nevadans for Background Checks Advisory Board member Elaine Sanchez, retired Navy Admiral Brian Brannman, and Nevada Assemblywoman Sandra Jauregui.

Image taken from 2013 SHOT Show in Las Vegas (Credit: Julie Jacobson/Associated Press)