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Nevada Court Finds Ghost Gun Law Unconstitutionally Vague
AmmoLand ^ | December 31, 2021 | Dean Weingarten

Posted on 01/05/2022 4:36:29 AM PST by marktwain

The Nevada legislature passed and Governor Sisolak signed into law AB 286 on June 7, 2021.  On June 22, Polymer80 filed a lawsuit challenging AB 286 as unconstitutionally vague, under the due process clause of the Nevada Constitution.

Both Polymer80 and the State of Nevada filed Motions for Summary Judgement, and opposition to the opponent’s Motion for Summary Judgement, in a timely manner.

Summary judgment is granted when the law and the facts of the case are so clear cut no trial is needed for a court to rule on the matter.

AB 286 attempted to ban the possession, sale, or transport of an “unfinished frame or receiver” as defined in the bill. As anyone with ordinary intelligence can determine, the definition of something which is unfinished is problematic. When does a process start? At what point does it become “unfinished”?  Does it start with molten metal, the combination of chemicals in a mold, or the first cut of a saw or turn of a drill?

Here is the definition of “Unfinished frame or receiver” as stated in AB 286:  

9.“Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

Both parties agreed to the basic facts in the case.

On December 10, 2021, the Third Judicial District Court of the State of Nevada, issued Summary Judgement in favor of Polymer80,

(Excerpt) Read more at ammoland.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; US: Nevada
KEYWORDS: banglist; ghostgun; homemade; nevada; nv
A law that Americans cannot make their own guns is unconstitutional.
1 posted on 01/05/2022 4:36:29 AM PST by marktwain
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To: marktwain

Yes, and in analogy, denying the ability for those who load/reload ammo should not be denied the ability to purchase pistol/rifle primers.

Congress shut off importing of such from Russia and evidently other places.

Last year, I was lucky and did buy 400 small pistol primers. And I looked hard for them.

A pistol or rifle is useless without ammo.


2 posted on 01/05/2022 4:58:04 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: marktwain
...a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm...

So the Justice system has to read the mind of the accused in order to determine the "intent" to make a firearm out of a chunk of metal or plastic. Unfortunately, rather than a clear statement on the applicability of the second amendment to the law, we get a ruling on the vagueness of the language, allowing the legislature and governor another try.

3 posted on 01/05/2022 5:07:34 AM PST by nuke_road_warrior (Making the world safe for nuclear power for over 20 years)
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To: marktwain
"...the fire-control cavity area..."

Yeah, you know the thing

4 posted on 01/05/2022 5:31:59 AM PST by dmcnash (Back off! I'm a Scientist.)
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To: marktwain

This argument of “what could be” is similar to the state of compliant or non-compliant AR platforms here in California.

Is a bare AR lower received (with no moving parts) compliant or non-compliant? It “could be” built into a non-compliant configuration. It is in the mind of the beholder.


5 posted on 01/05/2022 5:33:50 AM PST by super7man (Madam Defarge, knitting, knitting, always knitting.)
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To: super7man

Above post not intended as a thread hijack.


6 posted on 01/05/2022 5:34:27 AM PST by super7man (Madam Defarge, knitting, knitting, always knitting.)
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To: nuke_road_warrior
So the Justice system has to read the mind of the accused in order to determine the "intent" to make a firearm out of a chunk of metal or plastic.

The Judge talked a good bit about the difficulty of determining intent in his written opinion.

7 posted on 01/05/2022 5:47:24 AM PST by marktwain (Amazing people can read a persons entire personality and character from one photograph.)
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To: All
Here is a link to the decision.
8 posted on 01/05/2022 5:50:01 AM PST by marktwain (Amazing people can read a persons entire personality and character from one photograph.)
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To: marktwain

Thanks. Excellent decision: clearly written, complete, and correct on the law and the Nevada Constitution. I would also think many of the arguments made regarding due process also apply to Federal law.


9 posted on 01/05/2022 6:15:49 AM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: marktwain

After the Regulator war of 1770, the British hanged one of the gunsmiths in North Carolina.

People forget about the precursor to the American Revolution.


10 posted on 01/05/2022 7:02:21 AM PST by Ruy Dias de Bivar (Back in FB jail, again for making fun (he called it "HATE")of Biden's tranny.)
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To: marktwain

I have an old fifty year article I tore out of a GUNS AND AMMO magazine years ago.
It dealt with the problem of convicts making their own firearms behind prison walls.

I used to post it on FR, till Photobucket refused to allow me to post them.


11 posted on 01/05/2022 7:05:41 AM PST by Ruy Dias de Bivar (Back in FB jail, again for making fun (he called it "HATE")of Biden's tranny.)
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To: marktwain

# Here is a link to the decision.

Excellent. Thanks! Always good to have a link to the actual decision.


12 posted on 01/05/2022 10:59:09 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: Ruy Dias de Bivar
I used to post it on FR, till Photobucket refused to allow me to post them.

Use imager, it's free, and unless you upload your images to be shared on their site for other members to see, no one will ever know what you uploaded. I have been using imgur for almost 15 years, never have a problem. Because I seldom if ever share my images with the open group publicly. 99.99% of my uploads are strictly used as a place to store images I use for stories I write or sharing to other sites outside of imager, so they never know.


13 posted on 01/05/2022 4:20:04 PM PST by OneVike (Just another Christian waiting to go home)
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