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3 7 7 3 H o w a r d H u g h e s P a r k w a y S u i t e 4 0 0 N o r t h L a s V e g a s , N e v a d a 8 9 1 6 9 T e l e p h o n e : ( 7 0 2 ) 7 9 2 - 3 7 7 3 F a c s i m i l e : ( 7 0 2 ) 7 9 2 - 9 0 0 2

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MARK

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FERRARIO,

ESQ. Nevada Bar No. 1625 TAMI

D.

COWDEN,

ESQ. Nevada Bar No. 8994 GREENBERG

TRAURIG,

LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Email: ferrariom@gtlaw.com cowdent@gtlaw.com

Counsel for Plaintiffs

DISTRICT COURT CLARK COUNTY, NEVADA

DALE ZUSI, an individual; VICKI DELATORRE, an individual; and SYDNEY GORDON, an individual, Plaintiffs, v. BRIAN SANDOVAL, in his capacity of Governor of the State of Nevada; ADAM LAXALT, in his capacity as Attorney General of the State of Nevada, Defendants. CASE NO. : DEPT. NO.:

PETITION FOR WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY RELIEF Exempt from Arbitration (Writ Relief Requested, Declaratory Relief Requested)

Plaintiffs, DALE ZUSI, an individual, VICKI DELATORRE, an individual, and SYDNEY GORDON, an individual (“Plaintiffs”) by and through counsel, the law firm Greenberg Traurig, LLP, hereby submit their Complaint against Defendant BRIAN SANDOVAL, in his capacity as Governor of the State of Nevada, and Defendant ADAM LAXALT, in his capacity as Attorney General of the State of Nevada, as follows: / / /

A-17-762975-W

Department 24

Case Number: A-17-762975-W

Electronically Filed

10/12/2017 12:40 PM

Steven D. Grierson

CLERK OF THE COURT

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INTRODUCTION

1.

This case is about the refusal of the Governor of Nevada to discharge one of his most fundamental constitutional obligations – to see that the laws of this state are faithfully executed. 2.

On November 8, 2016, the Nevada voters adopted Ballot Question 1, the Nevada Background Check Act, requiring background checks on gun sales by unlicensed sellers, thereby closing a dangerous loophole that allowed felons, domestic abusers and other people with dangerous histories to purchase guns from unlicensed sellers without such a check. 3.

Passage of the Background Check Act was the culmination of a four-year process, during which proponents of the law were opposed by Governor Sandoval and Attorney General Laxalt. 4.

The Nevada State Legislature passed legislation in 2013 requiring background checks on all firearms sales. 5.

Governor Sandoval then exercised his constitutional power and vetoed the bill. 6.

Blocked by the Governor on the legislative front, the people of Nevada availed themselves of the State’s initiative process, collecting 247,000 registered Nevada voters’ signatures and qualifying a background check initiative for the ballot. 7.

The Governor and Attorney General publicly opposed the initiative. 8.

The initiative – also known as Ballot Question 1 – passed with the support of 558,631 Nevadans – and the Background Check Act became law in Nevada, with an effective date of January 1, 2017. 9.

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. 10.

In fact, while the people of Nevada voted for more background checks on firearms sales, the current status quo has resulted in the opposite – fewer background checks than before. This is because, prior to voters approving Question 1, background checks on guns sold by unlicensed sellers were allowed, but not required. Now, because of the Governor’s refusal to act

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and the Attorney General’s Opinion, all background checks on guns sold by unlicensed sellers have been halted – leaving law-abiding citizens who want the assurance of a background check prior to selling a gun to another citizen without any mechanism to obtain one. 11.

Plaintiffs accordingly bring this action seeking a writ of mandamus to compel Governor Sandoval to discharge his constitutional obligation to see that the Background Check Act is faithfully executed. 12.

Alternatively, Plaintiffs seek a declaratory judgment to confirm the changes effected by the Background Check Act or, in the alternative, sever any provisions found to be invalid or unenforceable so that the primary purpose of the Act – requiring background checks on virtually all gun sales – can be implemented.

The Parties

13.

Plaintiff Dale Zusi, one of the nation’s first female ROTC scholarship students who served as a U.S. Army Captain, is a resident and taxpayer of Nevada who worked toward passage and voted in favor of Ballot Question 1. In furtherance of her support of Question 1, Captain Zusi worked on phone banks, walked in door-to-door campaigns, spoke in favor of the initiative, and served as a poll watcher. 14.

Plaintiff Vicki DeLaTorre is a gun owner, and a resident and taxpayer of Nevada who worked toward passage and voted in favor of Ballot Question 1. In furtherance of her support of Question 1, Ms. DeLaTorre worked on phone banks, participated in demonstrations in favor of the initiative, and helped produce mailings in support of the initiative. 15.

Plaintiff Sydney Gordon, a Vietnam era veteran of the U.S. Army and gun owner, is a resident and taxpayer of Clark County, Nevada, who worked toward passage and voted in favor of Ballot Question 1. 16.

Defendant Brian Sandoval is the Governor of the State of Nevada. 17.

Defendant Adam Laxalt is the Attorney General of the State of Nevada. / / / / / / / / /