In a recent report by Washington Gun Law, William Kirk delved into the legal battle over unfinished gun parts, also known as “ghost guns.” The video unpacked the fallout from the Nevada Supreme Court’s surprise decision. Here’s the full story.
The Case in Question
The focus of the discussion was on Sisolak v. Polymer80, a case that challenged Nevada’s Assembly Bill 286, enacted in 2021. The law prohibits the sale, offer for sale, and possession of unserialized firearms, requiring individuals to serialize their unfinished frames and receivers by a certain deadline.
The Disagreement
The lower court agreed with Polymer80, but the Nevada Supreme Court disagreed. The Nevada court found that the terms used in the law were “readily ascertainable” and did not violate due process and will come into effect soon.
The Issues of the Law
Kirk highlighted key aspects of the law, including its definition of “unfinished frames and receivers” and the requirement for major machining operations. He explained that Nevada’s definition of “unfinished frame or receiver” allows them to regulate these parts much earlier in the manufacturing process than what the ATF was considering.
Government Regulations
How early? Kirk shared that Nevada can regulate unfinished chunks of metal as soon as they start looking like gun parts, way earlier than most other states
The Crime
Kirk shared that one concern with the law was that simply possessing one of these unfinished parts could be a crime, regardless of intent. Thankfully, the court ruled that prosecutors would need to show the defendant knowingly possessed the unfinished frame or receiver and understood it could be built into a gun.
The Importance of the Ruling
The video also shared the significance of the Nevada Supreme Court’s ruling, highlighting its implications for gun manufacturers like Polymer80 and individuals who own unserialized firearms.
Stay Informed
Kirk stressed the need for gun owners to stay informed about the law and take necessary steps to comply with its requirements, including serialization of unfinished frames and receivers.
The Exact Date Is Unknown
The video also added that it’s unclear if the case went back to a lower court or if the ban takes immediate effect. Plus, Kirk shared that if the ban is enacted, there will likely be a grace period for gun owners to comply with this new law.
A Major Setback
Concluding the video, Kirk shared that this was a big setback for Polymer80, a Nevada-based company that manufactures these parts. He added that it’s a trend we can see in other states too, like Washington’s similar ban from two years ago.
Share Your Thoughts
So what do you think? Do you believe other states follow Nevada’s lead and implement similar bans?
