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Nevada Supreme Court Upholds State’s Ghost Gun Ban

By TheNevadaGlobeStaff, April 19, 2024 4:34 pm

CARSON CITY, NV – In a landmark decision, the Nevada Supreme Court has ruled that the state’s ban on ghost guns is constitutional. The unanimous decision on Thursday overturns a lower court ruling that had deemed the law too vague.

The original law, Assembly Bill 286, was passed in 2021 and signed by then-Governor Steve Sisolak. It prohibits the manufacture and sale of “unfinished frames or receivers” which are key components in the creation of untraceable “ghost guns.”

Dayton-based company Polymer80, a major manufacturer of ghost gun parts, challenged the law. A Lyon County District Court initially sided with Polymer80, finding the law’s definitions unclear. However, the Nevada Supreme Court has now reversed this decision.

“The terms used to define ‘unfinished frame or receiver’ have ordinary meanings that provide sufficient notice of what the statutes proscribe,” the Supreme Court ruling states. The court concluded that the law is not unconstitutionally vague.

Efforts to further clarify ghost gun restrictions have continued, with Assembly Bill 354 proposed in the 2023 legislative session. This bill was later vetoed by Governor Joe Lombardo.

The battle over ghost guns also plays out on a federal level. The Department of Justice introduced a “Frame or Receiver” Final Rule in 2022, aiming to subject ghost gun parts to the same regulations as traditional firearms.

Polymer80 has faced legal challenges in multiple cities, including Philadelphia, Washington, D.C., Los Angeles, and Baltimore, where it has been banned from selling ghost gun parts. The ATF reports that Polymer80 supplied parts for over 86% of ghost guns recovered by police in 2019.

Despite its disagreement with ATF regulations, Polymer80 has stated its intention to comply with the agency’s definition of firearm frames and receivers.

Credits: 2News

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