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YERINGTON, Nev. (KOLO) – A 3rd Judicial District Court Judge has struck down Nevada’s so-called “ghost gun” law as unconstitutionally vague.
AB 286, sponsored by Assemblymember Sandra Jauregui, D-Clark County, outlawed the possession, purchase, transport, or receipt of an unfinished firearm frame or receiver.
Judge John Schlegelmilch has not issued his formal written order yet, but in court, Judge Schlegelmilch noted, “the Court does find as a matter of law that the statute is vague because it fails to provide notice sufficient to enable persons of ordinary intelligence to understand what conduct is prohibited.”
Sec. 3. 1. A person shall not possess, purchase, transport or receive an unfinished frame or receiver unless:
(a) The person is a firearms importer or manufacturer; or (b) The unfinished frame or receiver is required by federal law to be imprinted with a serial number issued by a firearms importer or manufacturer and the unfinished frame or receiver has been imprinted with the serial number.
2. A person who violates this section:
(a) For the first offense, is guilty of a gross misdemeanor; and (b) For the second or any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 3.5. 1. A person shall not sell, offer to sell or transfer an unfinished frame or receiver unless: (a) The person is: (1) A firearms importer or manufacturer; and (2) The recipient of the unfinished frame or receiver is a firearms importer or manufacturer; or (b) The unfinished frame or receiver is required by federal law to be imprinted with a serial number issued by an importer or manufacturer and the unfinished frame or receiver has been imprinted with the serial number.
2. A person who violates this section: (a) For the first offense, is guilty of a gross misdemeanor; and (b) For the second or any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Judge Schlegelmilch noted AB286 created a new crime, since unfinished frames or receivers are not illegal under federal law.
In court, Judge Schlegelmich also noted, “The definitional statute of unfinished frame or receiver indicates ‘means a blank, casting or machined body that is intended to be turned into a frame or lower receiver.’ It has no indication as to whose intent that is. Is it the person that possesses it? Is it the person that manufactures it? Is it the person that sells it? Or is it the person that’s actually accused of committing a crime under the statute?”
The judge also stated, “It would put an ordinary Nevada citizen at risk of discriminatory enforcement by anybody who just decides ‘yeah, that looks like a gun.’”
A Dayton company, Polymer 80 brought the suit challenging the law.
KOLO 8 has reached out to the Attorney General’s Office and Assemblymember Jauregui about where the state intends to appeal the decision, but we have not received any answers.
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Published Dec. 3, 2021 Stanton Tang