State judge strikes down key parts of Nevada’s ‘ghost gun’ ban

State judge strikes down key parts of Nevada’s ‘ghost gun’ ban

Various handguns as seen on display inside Discount Firearms & Ammo in Las Vegas on Wednesday, Aug. 19, 2018. (Daniel Clark/The Nevada Independent) Provisions of a state law passed earlier this year prohibiting the possession and sale of unregistered ‘ghost guns’ were struck down by a state district court judge last week. The ruling — in favor of Dayton-based firearms manufacturer and seller Polymer80 — declared that key portions of the law, which criminalize both owners and sellers of unfinished firearm frames or receivers, are unconstitutionally vague because they fail to establish clear standards for enforcement of the law. “Unlike the federal regulatory process to determine whether a frame or lower receiver is considered a firearm under the Gun Control Act, Nevada has established no authority at all to determine when an ‘unfinished frame or receiver’ actually comes into existence,” Lyon County District Court Judge John Schlegelmilch wrote in his ruling . “The most any court can glean from the definition is that it is something less than a firearm and more than a block of raw material.” The ban established by AB286 — which passed on party-line votes in both houses with Democrats in support — was considered one of the most prominent gun violence prevention measures approved by the Legislature this year. The bill was sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas), who during a hearing of the measure brought up her own experience as a survivor of the 1 October mass shooting in Las Vegas that […]

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