Delay in Nevada gun buyer law draws protests at court debate
Legal Exams
A lawyer seeking a court order to enforce a Nevada gun buyer screening law that has not been enacted despite voter approval in November 2016 blamed the state's Republican governor and attorney general on Friday for stalling the law.
"For either personal or political reasons," attorney Mark Ferrario told a state court judge in Las Vegas, Gov. Brian Sandoval and GOP state Attorney General Adam Laxalt "chose to stand back and really do nothing."
Nevada Solicitor General Lawrence Van Dyke countered that the law was fatally flawed as written because it requires Nevada to have the FBI expend federal resources to enforce a state law.
"State officials here have not tried to avoid implementing the law," Van Dyke said. "They have negotiated (and) talked with the FBI, and the FBI said no, four times."
Clark County District Court Judge Joe Hardy Jr. made no immediate ruling after more than 90 minutes of arguments on an issue that drew about 25 sign-toting advocates outside the courthouse calling for enactment of the measure.
"The people have spoken," said protest speaker Peter Guzman, president of the Las Vegas Latin Chamber of Commerce. "To deny that voice is to deny democracy."
Some speakers, including Democratic state Assemblywoman Sandra Jauregui, cited the slayings of 58 people by a gunman firing assault-style weapons from a high-rise casino shot into an concert crowd on the Las Vegas Strip last Oct. 1. Jauregui was at the concert.
Others pointed to gun-control measures being debated nationally following a shooting that killed 17 people last week at a school in Parkland, Florida.
In the courtroom, Ferrario referred to what he called a "movement toward increasing gun checks," while the Nevada law has stalled.
"This loophole that the citizens wanted to close remains open because the governor has failed to take appropriate action," the plaintiffs' attorney said.
Sandoval spokeswoman Mari St. Martin dismissed the accusations as "political posturing." She said the initiative specifically prohibits the state Department of Public Safety from handling background checks, leaving "no clear path forward" to enactment.
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Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.