Nevada Judge to Strike Down Major Portions of Nevada Gun Ghost Gun Ban

From Polymer80 . . .

On November 23, 2021, in a huge victory for both Polymer80 and the Second Amendment in Nevada, the Hon. Judge John P. Schlegelmilch of the Lyon County, Nevada District Court stated he would be issuing summary judgment in favor of Polymer80, Inc., in their lawsuit against Nevada Governor Steve Sisolak, Nevada Attorney General Aaron Ford, George Togliatti, Director of the Nevada Department of Public Safety, and Mindy McKay, Administrator of the Records, Communications, and Compliance Division of the Nevada Department of Public Safety. The judgment would invalidate and bar enforcement of major portions of Nevada Assembly Bill 286, on due process grounds under the Nevada state constitution.

Assemblywoman Sandra Jauregui (D-Las Vegas) sponsored AB286 which passed on straight party-line votes in both the Nevada Assembly and Senate. Gov. Sisolak, a Democrat, signed AB286 into law in early June 2021.

AB286 generally prohibits a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. Initial violations carry a criminal misdemeanor penalty; repeat violations can be punished by a felony charge.

In deciding to issue summary judgment, Judge Schlegelmilch held that a trial was not needed, and that Polymer80 was immediately entitled to both a Declaratory Judgment that AB286 was unduly and unconstitutionally void for vagueness, and a Permanent Injunction forever banning enforcement of key provisions in the new enactment for that reason.