Nevada Judge Announces He Will Strike Down Major Portions of New Gun Law

Polymer80 Pistol Kits
Polymer80 Pistol Kits

DAYTON, Nev. – -(AmmoLand.com)- On November 23, 2021, in a huge victory for both Polymer80 and the Second Amendment in Nevada, the Hon. Judge John P. Schlegelmilch of the Lyon County, Nevada District Court stated he would be issuing summary judgment in favor of Polymer80, Inc.

All in response to P80’s lawsuit against Nevada Governor Steve Sisolak, Nevada Attorney General Aaron Ford, George Togliatti, Director of the Nevada Department of Public Safety, and Mindy McKay, Administrator of the Records, Communications, and Compliance Division of the Nevada Department of Public Safety.

The judgment would invalidate and bar enforcement of major portions of Nevada Assembly Bill 286, on due process grounds under the Nevada state constitution.

Assemblywoman Sandra Jauregui (D-Las Vegas) sponsored AB286 which passed on straight-party line votes in both the Nevada Assembly and Senate. Gov. Sisolak, a democrat signed AB286 into law in early June 2021.

AB286 generally prohibits a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. Initial violations carry a criminal misdemeanor penalty; repeat violations can be punished by a felony charge.

In deciding to issue summary judgment, Judge Schlegelmilch held that a trial was not needed, and that Polymer80 was immediately entitled to both a Declaratory Judgment that AB286 was unduly and unconstitutionally void for vagueness, and a Permanent Injunction forever banning enforcement of key provisions in the new enactment for that reason. Judge Schlegelmilch, who upon Polymer80’s motion had preliminarily prevented enforcement of those provisions in July 2021, specifically found that Sections 3 and 3.5 of AB286 were unconstitutionally ambiguous in their language criminalizing, among other things, the possession, sale, transfer, transport, and manufacture of “unfinished frames or receivers.”

Polymer80 had argued that this said criminalization would threaten its very existence. In that respect, the Court further found that the definition of an “unfinished frame or receiver” incorporated in those two Sections was exceedingly and unconstitutionally vague in its use and reliance upon various terms including, among others, “blank,” “casting,” and “machined body” that were undefined in the statute and did not have accepted common meanings.

In addition, the Court determined that the additional required component of the definition of “unfinished frame or receiver” mandating that a blank, casting, or machined body have reached such a stage of formation that “most of the major machining operations” needed to turn those items into a firearm had been completed was fatally vague and ambiguous. The Court ruled that those terms, alone and together…

..were so unclear and uncertain that they did not provide fair notice to a Nevadan of ordinary intelligence as to what specific conduct AB286 prohibited, rendering the bill unconstitutional under the Due Process Clause of the Nevada Constitution.

The Court also ruled that those vague terms encouraged and effectively authorized arbitrary and discriminatory enforcement against all Nevadans, in that AB286 left the interpretation and application of those nebulous terms entirely to the discretion of governmental authorities, which Nevada Supreme Court decisions have precluded. Finally, Judge Schlegelmilch indicated that he would be issuing a formal written Order in December 2021, encapsulating and memorializing his oral rulings, declaring the cited provisions of AB286 unconstitutionally vague, and barring their enforcement permanently.

“This is a significant victory for Polymer80, Nevadans, and our customers nationwide,” Polymer80 CEO Loran Kelley said.

“AB286 is vague and unlawful legislation that targets our company specifically for conducting a lawful business. We will continue to challenge lawless attempts to curtail our rights and the rights of our customers. Polymer80 would like to thank our loyal customers, whose continued support allows us to keep fighting for Second Amendment rights across the country and our attorneys at Greenspoon Marder, LLP who worked tirelessly and never gave up this fight. Polymer80 strongly believes that the Second Amendment is a foundational principal in America that can never be violated. Continuing to fight those who strive to take it away is a core belief of our company. It’s one more example of our company motto, ‘Engage Your Freedom.’”

Founded in 2013 and headquartered in Dayton, NV, Polymer80, Inc. designs and develops innovative firearms, components, and aftermarket accessories that allow customers to participate in the build process while expressing the right to bear arms. For more information on Polymer80 and its products visit www.polymer80.com.

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Finnky

Don’t over rely upon this ruling. Law was nullified for vagueness. Legislature will just rewrite, clarify and reissue another law.

JimmyS

The 2nd Amendment is still valid, and every law that conflicts with it is invalid.

Regardless of what any government does, the rights of every human are intact. When you truly grasp this, the simplicity of it will bring a deep awareness that all “they” can do is try to trick you into believing you don’t have rights. If you aren’t fooled, they become children who have earned a spanking.

Frdmftr

While I agree with your thesis, your conclusion is incomplete. They can also throw your ass in jail, confiscate your resources for defense, and claim YOU have earned a spanking. OTOH, it is of value to remember Thomas Paine: “Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”  

swmft

and in all these years power corrupts still, I want a madi grifin or thunder 50 bmg kit screw the plastic crap

Patriot Solutions

and that is well known to be tyranny. The more people who begin thinking like Jimmy the faster we can fix this country. It really doesn’t matter what the government says when We The People have the final say but The People have got to kick that nasty Kool-Aid habit and quit selling themselves out. John Jay, 1st Chief Supreme Court Justice (1786) : “The jury has the right to judge both the law and the facts in controversy….” Samuel Chase, Supreme Court Justice (1796) : “The jury has the right to determine both the law and the facts…” Oliver… Read more »

JSNMGC

Let’s hear from the enforcers. Enforcers, if lowly “civilians” decide to just stop following gun laws, will you (or for those who have retired, would you) enforce the laws when ordered to do so?

Don?

Bubba?

3l120?

Watch Um?

If you were ordered to march to Concord to confiscate arms and munitions (after receiving a legal order to do so), would you do it?

JSNMGC

There’s the answer.

Who are the redcoats?

JSNMGC

The redcoats probably had dental plans and pensions (and didn’t have any private sector skills), so it was ok. They were just following orders.

Their supporters probably said the patriots should not have “traded shots” with them.

Boris Badenov

Justice Thomas in speaking about the abortion case before the court referenced the 2A, the way he phrased it was, to me, the 2A was written clearly and leaves very little room for misunderstanding it’s intent.

Patriot Solutions

It really is that simple. Clarence also said he is perfectly fine with a felon using the 2nd amendment as an affirmative defense to felon in possession of a firearm criminal charge which seems pretty reasonable based upon the clearly written plain English text that the founders wrote that has remained unchanged as the supreme law of the land above all other laws.

Laddyboy

The “lawyers” for the state will just REWORD the CORRUPT ILLEGAL law, JUST AS the “lawyers” of new york have done — time and time again. Anti-American CONTROLLERS are just that — ANTI-AMERICANS!!!

gregs

it all depends on what the key provisions are. he granted plaintiff a Permanent Injunction forever banning enforcement of key provisions in the new enactment. the lefties will have to put on their thinking hats before attempting another case like this one.
and this sets a precedence for future cases in the federal court system.

Green Mtn. Boy

Oh Noes,goast guns,I ain’t afraid of no goats,Build,build and Build.
Let’s Go Tyrants !