Nevada Judge Gets Something Right: Strikes Down Nevada Ban On Homemade Guns
BY Herschel Smith
3 years ago
I am not making a comment on this particular judge – it just seems that they get so many decisions very wrong, and it’s nice to see someone get it right.
We’ve heard the quote by Mark Twain, “A lie can travel half way around the world while the truth is putting on its shoes.” But when it comes to firearms laws, it appears that this concept has transformed into a strategy, as Nevada’s Assembly Bill 286, which banned not only 80 percent lowers, but any unfinished firearm, was deemed unconstitutional by a State Judge. So while the Governor signed into law an unconstitutional ban, the justice system eventually caught up, striking down the infringement on Nevada citizens’ human rights. In this case, Polymer80 is the unsung hero, as they put in the hard work to bring this to court.
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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. Judge Schlegelmilch, who upon Polymer80’s motion had preliminarily prevented enforcement of those provisions in July 2021, specifically found that Sections 3 and 3.5 of AB286 were unconstitutionally ambiguous in their language criminalizing, among other things, the possession, sale, transfer, transport, and manufacture of “unfinished frames or receivers.” Polymer80 had argued that this said criminalization would threaten its very existence. In that respect, the Court further found that the definition of an “unfinished frame or receiver” incorporated in those two Sections was exceedingly and unconstitutionally vague in its use and reliance upon various terms including, among others, “blank,” “casting,” and “machined body” that were undefined in the statute and did not have accepted common meanings.
Yea, it would have been better if the judge had told the state of Nevada to go pound sand forever, but that’s not how this works.
Never give up, never get disheartened, always fight the controllers at every step. Counter their every move, all of the time.
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