HomePoliticsSISOLAK’S GHOST GUN BAN BLOCKED BY JUDGE “LIKELY UNCONSTITUTIONAL” Politics SISOLAK’S GHOST GUN BAN BLOCKED BY JUDGE “LIKELY UNCONSTITUTIONAL” July 25, 2021 Rob Lauer Political Reporter (D) Nevada Governor, Steve Sisolak, signed AB 286 into law June 9, 2021, and this week, a Judge issued a restraining order against the law. Local Nevada manufacturer, Polymer80 immediately sued Sisolak in Nevada District Court and obtained a Preliminary Injunction barring Sisolak from enforcing the law. 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 legally 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. Adam Kraut, FPC’s Senior Director of Legal Operations, said in a statement: 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. A Statement issue by the Plaintiff Polymer80: Dayton, NV (July 18, 2021) – Polymer80®, Inc., a Dayton, Nevada-based company and premier manufacturer of 80% products and complete serialized pistols, has obtained a Preliminary Injunction barring Governor Stephen Sisolak and other State of Nevada Officials from enforcing key portions of Nevada Assembly Bill 286 (“AB 286”). In June, following the enactment of AB 286, Polymer80 took emergency action to stop the enforcement of the new law by challenging its constitutionality. To this end, Polymer80 initially filed a Verified Complaint coupled with an emergency application for an Order to Show Cause and related motion for a Temporary Restraining Order and Preliminary Injunction to bar enforcement of this new and seriously defective enactment. Polymer80 was forced to take this extraordinary action because, among many other reasons, AB 286, a hastily and poorly written and passed bill, purports to curtail and criminalize products that are legal to own under federal law. And, it does so through vague, unintelligible, and sweeping restrictions. At its core, AB 286 strips lawful citizens of Nevada of their basic, constitutionally protected rights and targets corporations, such as Polymer80, for lawful activities that greatly contribute to the Nevada economy and facilitate and safeguard the rights of Nevadans. On July 16, 2021, Judge John P. Schlegelmilch entered a Preliminary Injunction barring the enforcement of Sections 3.5 and 6.9 of AB 286. In particular, Judge Schlegelmilch held that Polymer80 “has demonstrated a likelihood of success on the merits of its claims because AB 286 – a criminal statute that under Nevada law requires a heightened level of scrutiny — and particularly AB 286’s definition of ‘Unfinished Frame or Receiver’ is impermissibly vague.” Judge Schlegelmilch also held “that AB 286 fails to provide a person of ordinary intelligence fair notice of what AB 286 criminalizes and encourages discriminatory, criminal enforcement because the definition of ‘Unfinished Frame or Receiver’ in Section 6.9 of AB 286 is inherently vague.” “This is a significant victory for Polymer80, Nevadans, and our customers nationwide,” said David Borges CEO of Polymer80. “AB 286 is a 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.” To learn more about Polymer80, please visit their website at www.polymer80.com
