Nevada Court Finds Ghost Gun Law Unconstitutionally Vague

Nevada Ballots Said to have 70% "Adjudication" Rate
Nevada Court Finds Ghost Gun Law Unconstitutionally Vague

U.S.A.-(AmmoLand.com)- The Nevada legislature passed and Governor Sisolak signed into law AB 286 on June 7, 2021.  On June 22, Polymer80 filed a lawsuit challenging AB 286 as unconstitutionally vague, under the due process clause of the Nevada Constitution.

Both Polymer80 and the State of Nevada filed Motions for Summary Judgement, and opposition to the opponent’s Motion for Summary Judgement, in a timely manner.

Summary judgment is granted when the law and the facts of the case are so clear cut no trial is needed for a court to rule on the matter.

AB 286 attempted to ban the possession, sale, or transport of an “unfinished frame or receiver” as defined in the bill. As anyone with ordinary intelligence can determine, the definition of something which is unfinished is problematic. When does a process start? At what point does it become “unfinished”?  Does it start with molten metal, the combination of chemicals in a mold, or the first cut of a saw or turn of a drill?

Here is the definition of “Unfinished frame or receiver” as stated in AB 286:  

9.“Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

Both parties agreed to the basic facts in the case.

On December 10, 2021, the Third Judicial District Court of the State of Nevada, issued Summary Judgement in favor of Polymer80, striking down the law as unconstitutionally vague. From the opinion:

The definition does not tell anyone when during the manufacturing process a blank, casting, or machined body (whatever those terms mean) has gone through the “major machining operations” (whatever those are) to turn that  blank, casting or machined body into a frame or lower receiver of a firearm (whatever that may be), a person of ordinary intelligence could not proscribe their conduct to comply with the law. As a result, this Court finds that the text of AB 286 does not provide fair notice of whatever it criminalizes. To this end, this Court asked on multiple occasions during oral argument on the Motion for Summary Judgement, what those terms as used in AB 286 mean. Tellingly, the Defendants could not in any manner explain their meaning(s).

This has always been the difficulty with regulating partially made items. Where do you start, and where do you stop? In countries without any Second Amendment protections, they simply forbid you from having *any* firearm part unless you have a firearms license. Even that is problematic. When I was in Queensland, Australia, State authorities had ruled a rifled barrel that did not have a chamber, was not a finished firearm part and could be sold and purchased without a firearms license.

Making firearms for individual use has always been legal in the United States. It is reasonably common, and has many legal purposes. It is difficult to see how banning the private making of firearms could be Constitutional under the Second Amendment.

At the time of writing, it was not known if the State of Nevada will appeal the decision.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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CourageousLion

The State of Nevada is a fiction. The MORONS that run the governmental apparatus of the man made fiction of Nevada are the problem. It should say the MORONS who run the “state of Nevada” have not decided to appeal the decision. Hey MORONS…learn what SHALL NOT BE INFRIGED MEANS!

nrringlee

Polymer 80 will find a welcoming home in Arizona. Pack it up. The once-Silver State is tarnished.

Henry Bowman

The courts wouldn’t have had to put the legislature & executive in check if Commiefornia libtards weren’t flooding into the state trying to flip it blue.

Perhaps we need a border wall from SW Nevada all the way to NW Idaho, and bar entry from the people’s soviet socialist banana republics of Commiefornia, OreGONE and Seattlestan.

hippybiker

We have the same problem here in Florida with the cursed Damn Yankee Carpetbaggers infesting us like Lice! I left the Peoples Republic of Illinois almost 12 years ago to move here. I never looked back; and don’t wish to live under any oppressive laws!

musicman44mag

Yep you do have a problem and with people like Pelosi buying mansions there, you are going to get even more because I am sure she will take her servants and guards with her if she really moves there. Maybe you will get lucky and she will use this as a scheme to not pay income tax and get a DL and vote there while claiming she lives there six months and one day but really stay in kommiefornia. Either way the diseased ridden psycho will have an effect on Florida. Kommiefornians tend to vote the way they did in… Read more »

CourageousLion

For one thing your “tax dollars” are just to fool you into thinking the “money” has value and that they need them. THEY DON’T. As for prisons? How about we just go by the biblical method. RESTITUTION or the DEATH PENALTY for all REAL crime. You know the kind where a victim is involved.

musicman44mag

IMO you are right about the death penalty. I wish in some cases that some of our penalties were more severe. I read at one time if you drove drunk in Turkey they shoot you on the side of the road and that the numbers of drunk drivers were one or two per year if not zero. Chopping off the hand that steals is a good one too, but I don’t agree with that if they are stealing food. Of course, my thoughts are way out there to many, but the crime is much less in the countries that enforce… Read more »

drderek

It is truly unfortunate that our formally red state of Nevada is now blue and resulted in electing a Demo Gov with ambition to rise in the Demo Party. The reason for our now “blueness” can be directly tied to the influx of people from the adjacent western state to us, who wish to escape the taxes there but retain their voting habits. They have now elected a predominantly blue state house that continually passes garbage legislation like discussed above. This creeping “blueness” is even happening in my wife’s former home of Montana. Sad happenings occuring in the old USA…

Last edited 6 months ago by drderek
musicman44mag

You are right about Montana but they have been working on getting their state back as far as 2nd amendment laws are concerned. I don’t think OreGONE will ever have constitutional carry voted by the legislature or the public if that is possible because the rats in potland, corvallis, eugene and now bend outnumber the rest of us.

WI Patriot

All gun laws are “Unconstitutionally Vague”…Ambiguity built in…

Arny

SHALL NOT INFRINGE ! Seems pretty clear cut to me.

CourageousLion

As it should to with anyone that has two brain cells to rub together making me think that most polytickshuns have less then two.

Mudhunter

I would say some are unconstitutionally vague, others are fairly unconstitutionally specific

The thing is, all are unconstitutional, illegal, null and void, of no effect, to be ignored, and nullified by juries, no matter how specific or vague they may be.

Shall not be infringed is pointed at the government. Hands off!

CourageousLion

Pointed at those who swear to represent the government. The CONSTITITUION is the government of the US.