Robert Gehl reports the Nevada Attorney General has had enough.
Enough of Barack Obama’s dictatorial gun control “orders.” So he’s putting a stop to it.
On Wednesday, AG Adam Paul Laxalt issued an opinion that blocked the implementation of the universal background checks that Michael Bloomberg’s gun-grabber group managed to get passed in a Nov. 8 ballot measure.
The initiative would have required all Nevada residents to go through a background check for every gun sale – public or private. The law was to take effect Jan. 1, but Laxalt halted the process, Breitbart reports.
He said the new rules are “unenforceable because the “Background Check Act” gives the Nevada Department of Public Safety “no authority to perform private-party checks that are required by the act. Instead, it orders “intermediaries” (meaning licensed firearms dealers) to run the checks through the FBI database.
On December 14 — just five weeks after voters approved the checks — the FBI opted out and informed Nevada DPS that it will not allow its checks to be run by intermediaries. The FBI explained that it will only allow its database to be accessed if the checks “are conducted as any other background check for firearms.” In other words, run with the Nevada DPS serving as “Point of Contact” for the sale. However, the language of the Act makes this an impossibility because it granted Nevada DPS “no authority” to run the checks.
In light of these things, Laxalt issued a December 28 opinion in which he explained how the linguistic twists and turns of Question 1 — the Bloomberg-supported ballot initiative — actually rendered the checks “unenforceable.” Laxalt noted: “Under longstanding legal principles, Nevadans are not required to perform the impossible, and therefore excused from compliance with the Act’s background check requirement unless and until the FBI changes it position set for in its December 14, 2016, letter.”
Laxalt’s refusal to endorse the bill has the Nevada’s Leftists up in arms. The initiative failed in every Nevada county except Clark – home of Las Vegas – which pushed the bill to a victory by 10,000 votes.
Jennifer Crowe, spokeswoman for Nevada Moms Demand Action, and a part of the campaign to pass extended background checks, echoed the sentiment. She said the group is confident the state and the FBI will work together to implement the will of the people.
Crowe said several states have hybrid systems using both in-state and federal systems, and the Department of Public Safety can explore other options with the FBI.
“There are lots of ways to resolve it this, if people want to resolve it,” she said.