Authors

Keegan Davis

Document Type

Case Summary

Publication Date

4-18-2024

Case Synopsis

In 2021, the Nevada Legislature promulgated, and Governor Sisolak signed into law, NRS 202.253(9), NRS 202.3625, and NRS 202.363 as an extension to the federal Gun Control Act (“GCA”). The statute criminalizes the sale or transfer of unfinished firearms lacking serial numbers, known as “ghost guns.” Respondent, Polymer80, Inc., is a Nevada company whose primary business is the sale of unfinished firearm components. Respondent sued Governor Sisolak and other named defendants claiming that the new ghost gun statute was vague and therefore unconstitutional. The district court agreed with Polymer80, granted summary judgment, and declared the statute unconstitutional. Appellants appealed to the Nevada Supreme Court arguing the statute was enforceable because it was easily understood in common firearm parlance. The Justices agreed with Appellants and in a 7-0 decision reversed the district court ruling enjoining use of the statute. Finally, the Court determined the district court erred in its concern of arbitrary or discriminatory enforcement on the basis of being general intent statutes.

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