The Nevada Supreme Court has delivered a significant judgment, upholding a 2021 state ban on ‘ghost guns’. This ruling overturns a lower-court decision that previously found the law to be unconstitutionally vague. Ghost guns refer to firearms without serial numbers, usually assembled by the consumer, and thus harder to trace.Merriam-Webster provides a succinct definition.
Justice Lidia S. Stiglich authored the court opinion, opining that the law’s definition of ‘unfinished frame or receiver’ was, in fact, clear and constitutionally sound. She argued that meanings of such words could easily be found by consulting dictionaries or industry association publications.The full judgment sheds light on her decision.
Moreover, Stiglich explained that the statute does not pose a risk of arbitrary enforcement by the government. The statute is considered a general intent statute, meaning its breach requires a person to have a guilty state of mind regarding performing a specific act leading to the crime. Cornell’s legal team explains this further.
Expressing his views on the ruling, Nevada Attorney General Aaron Ford described the ban on ghost guns as some of the most impactful legislation to have come through Carson City. He hailed the court’s decision as a victory for public safety.Ford’s statement via Twitter is available for review.
In 2021, the Nevada legislature passed AB 286, a law that forbid transactions involving incomplete gun frames and receivers and unserialized weapons. There were some exceptions noted for antique guns and collector’s items. The same year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment. The details of AB 286; the District Court ruling; and the Second Amendment can be found online.
This case is part of a wider dialogue on ghost guns. In November 2023, the US Court of Appeals for the Fifth Circuit ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked authority to adopt a final rule designed to limit ghost guns, a decision which the Biden administration has since appealed to the US Supreme Court.The Fifth Circuit judgment; the ATF rule; and news on the appeal are all available to the public.