LAS VEGAS (KTNV) — The Nevada Supreme Court has ruled that the ghost gun ban in the Silver State is constitutional.
On Thursday, the court unanimously overturned a Lyon County District Court judge's ruling that a state law was too vague.
Assembly Bill 286 was signed into law by then-Gov. Steve Sisolak, following the 2021 legislative session. It outlined "certain acts relating to unfinished frames or receivers" and "firearms which are not imprinted with a serial number under certain circumstances".
According to Nevada Supreme Court documents, the lawsuit was originally filed by a company called Polymer80, which is based in Dayton, Nevada, which is about 40 miles southeast of Reno. The company specializes in "making firearm parts, including unfinished receivers that are used for making privately made firearms", according to their website.
The district court's original ruling stated the law was too vague. However, the Nevada Supreme Court disagreed.
"The terms used to define 'unfinished frame or receiver' have ordinary meanings that provide sufficient notice of what the statutes proscribe, such that it cannot be said that vagueness pervades their texts," the ruling reads in part. "We further conclude that the statues are general intent statues that do not lack a scienter requirement and do not pose a risk of arbitrary or discriminatory enforcement. The district court thus erred in declaring that the statutes are unconstitutionally vague and enjoining them."
During the 2023 legislative session, Assembly Bill 354 was presented to lawmakers, which further clarified language around ghost guns as well as firearm restrictions like banning firearms within 100 yards of an election site. However, Gov. Joe Lombardo vetoed that bill last May.
On a federal level, in 2022, the Department of Justice addressed ghost guns by adding a "Frame or Receiver" Final Rule, which "modernizes the definition of a firearm". The regulatory updates clarify that parts kits that are readily convertible to firearms are subject to the same regulations as traditional firearms.
"This rule will make it harder for criminals and other prohibited persons to obtain untraceable guns, will help ensure the law enforcement officers can retrieve the information they need to solve crimes, and will help reduce the number of untraceable firearms flooding our community," Attorney General Merrick B. Garland said at the time.
Polymer80 has been banned from selling ghost gun parts in four separate U.S. cities: Philadelphia, Washington, D.C., Los Angeles, and Baltimore.
According to an affidavit filed as part of a search warrant with the United States District Court for the District of Nevada, an ATF special agent reported that Polymer80 has supplied the parts for more than 86% of the ghost guns recovered by police nationally in 2019.
The ATF also said its numbers are likely lower that what's actually on the streets since the agency only tracks guns submitted to the agency for tracing.
Polymer80 representatives say they are continuing to comply with ATF regulations, even if they disagree with them. In February, the ATF's definition of a "Frame or Receiver" and Identification of Firearms went into effect and Polymer80 released the following statement.
"Polymer80 wholeheartedly disagrees with the ATF final rule, however, in an effort to maintain a legal business, will comply with the unconstitutional regulations."
