Nevada's Supreme Court Upheld a State Ban on Ghost Guns Thursday, overturning a Lower Court's Ruling, that sided with a Gun Manufacturer's Argument that the 2021 Law regulating Firearm Components with No Serial Numbers was too Broad and Unconstitutionally Vague.
The Gun Law had previously been Struck Down by Lyon County District Judge John Schlegelmilch, who Ruled in favor of a Legal Challenge by Nevada-based Gun Manufacturer Polymer80 Inc. that said the Statute was too Vague.
Among other things, Polymer80 argued, Terms such as “Blank,” “Casting,” and “Machined Body” were Not defined, while “Unfinished Frame or Receiver” Failed to specify what a “Finished” Frame or Receiver is.
In upholding the Statute, the Supreme Court said in a Unanimous Decision, that the Language that Lawmakers Approved and then-Gov. Steve Sisolak (D) Signed was “readily” understandable through Ordinary usage and Common understanding.
“The statutes here only regulate conduct involving an object that is intended to ultimately become a firearm,” Chief Justice Lydia Stiglich wrote in the Ruling. “They prohibit acts involving such not-yet-complete firearms that have not been imprinted with a serial number.”
She noted in the Ruling that Polymer80's “own Legal Counsel had written Letters to the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF) that included the words ‘Blank,’ ‘Casting,’ and ‘Machined’ in reference to its own products, showing that these terms are commonly understood.”
The fact that the Terms were “generic and broad” does Not make them vague, Stiglich added.
Nevada Attorney General Aaron Ford (D), Filed the Appeal on the State's behalf in December 2021, said the Ruling “is a win for public safety and creates sensible, practical measures to protect Nevadans from violent crime.”
“The ban on ‘ghost guns’ is one of the most impactful pieces of legislation that we have seen come through Carson City,” He said in a Statement.
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