The Old Blog in the Desert

In a recent ruling, Nevada’s Supreme Court upheld a state ban on ghost guns, overturning a lower court’s decision that favored a gun manufacturer’s argument. The lower court had deemed the 2021 law regulating firearm components without serial numbers too broad and constitutionally vague.

Previously, Lyon County District Judge John Schlegelmilch had struck down the gun law in favor of a legal challenge by Nevada-based gun manufacturer Polymer80 Inc. The company argued that terms such as “blank,” “casting,” and “machined body” were not clearly defined in the statute.

In a unanimous decision, the Nevada Supreme Court upheld the statute, stating that the language approved by lawmakers and signed by then-Gov. Steve Sisolak was readily understandable through ordinary usage and a common understanding.

Meanwhile, on Monday, April 22, the U.S. Supreme Court announced it would look at a separate dispute over ghost guns during its next term. The case involves a federal regulation governing the sale of kits to make ghost guns, challenged by the Biden administration.

The administration argues that ghost guns circumvent federal gun controls, allowing individuals to purchase kits or partially completed frames or receivers for assembly into working firearms in as little as 20 minutes.

Second Amendment advocates argue that any regulation on self-manufactured firearms should come through new legislation rather than stretching existing laws, such as the Gun Control Act of 1968, which defines firearms and requires serial numbers for traceability. The dispute before the U.S. Supreme Court centers on what constitutes a firearm under the 1968 law.

While the 5th U.S. Circuit Court of Appeals struck down the federal regulation, the Biden administration appealed to the U.S. Supreme Court, seeking support for its regulatory agenda.