JUDGE: SISOLAK VIOLATED 2ND AMENDMENT BANNING GHOST GUNS

Dec. 3, 2021

Rob Lauer Political Reporter

As the founder of Polymer80 predicted the day Nevada Governor Steve Sisolak signed  Assembly Bill 286 (AB 286), the Ghost Gun ban, the court struck it down this week as unconstitutionally vague. The bill tried to establish a new, confiscatory ban on all unserialized, self-manufactured firearms in the state.

Assembly Bill 286:

“1. A person shall not possess, purchase, transport or receive an unfinished frame or receiver”

So called “Ghost Guns” are the lower half of pistols that are less than 80% finished. In other wards, it’s a piece of plastic or metal that the buyer must finish themselves. This includes, milling the rest of the plastic or metal frame, installing the trigger assembly and barrel. Not an easy task for the average Joe. Under federal law, any lower less than 80% finished is not considered a firearm. So they cannot be regulated as a firearm. The manufactures of 80% guns must receive a letter from the ATF certifying that their products are less than 80% complete and comply with the law.

The law “radically expands the State of Nevada’s statutes to unconstitutionally and categorically ban, under pain of severe criminal sanctions, the possession, receipt, manufacturing, and sales” of Non-Firearm Objects (“NFOs”) that the State classifies as “unfinished frames or receivers,” while explicitly banning the possession of both new and previously-owned self-manufactured firearms. Their client had approval letters from the ATF to manufacture and market their products. ATF-DetLetters.

Adam Kraut, Fire Arms Coalition’s (FPC) Senior Director of Legal Operations, said in a statement from June 10 2021:

“Nevada’s broad ban on the possession and construction of constitutionally protected firearms and precursor materials violates Nevadans’ Second Amendment rights and unlawfully deprives them of their property, in violation of the Constitution. In order for a law-abiding individual to exercise their Second Amendment rights, they must have the ability to possess firearms, including those they build themselves. As our complaint explains, the right to self-build one’s own arms has been enjoyed, and at times absolutely necessary, since the founding of our country. We will aggressively litigate this action and seek an injunction to prevent this law from depriving individuals of their rights and property.”

According to the FPC’s complaint, Nevada’s ban is unconstitutional because “the government cannot narrow the channels for exercising the right to keep and bear arms by limiting one’s access to the essential instruments of that right to limited, government-approved manufacturers of firearms and firearm precursor materials.” The complaint further states, “Nevada’s Ban imposes a blanket prohibition against a broad class of protected arms in common use for self-defense and other lawful purposes by ordinary law-abiding citizens like the Plaintiffs.”

Last week, the Hon. Judge John P. Schlegelmilch of the Lyon County, Nevada District Court issued summary judgment in favor of Polymer80, Inc.

The court stated

“The terms in the law 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.”

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.