{"id":148364,"date":"2021-07-27T15:50:37","date_gmt":"2021-07-27T19:50:37","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=148364"},"modified":"2023-11-21T11:02:30","modified_gmt":"2023-11-21T17:02:30","slug":"federal-judge-strikes-down-lawsuit-challenging-nevadas-ghost-gun-ban","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/federal-judge-strikes-down-lawsuit-challenging-nevadas-ghost-gun-ban\/","title":{"rendered":"Federal Judge Strikes Down Lawsuit Challenging Nevada\u2019s ‘Ghost Gun’ Ban"},"content":{"rendered":"\n
\"Federal
by Judge Mirando Du was not convinced FPC’s challenge to Nevada’s “ghost gun” ban. <\/em><\/figcaption><\/figure>\n\n\n\n

A federal judge for the District of Nevada ruled this week against a gun-rights group that had filed a lawsuit challenging the state\u2019s ban on so-called \u201cghost guns.\u201d<\/p>\n\n\n\n

The Firearms Policy Coalition sued the state in June of this year following the passage of Assembly Bill 286, which bans the purchase, possession, manufacture, or reception of an \u201cunfinished frame or receiver.\u201d The FPC argued<\/a> that the law violates both the Second Amendment and the Constitution\u2019s Takings Clause because it amounts to a \u201cconfiscatory ban.\u201d<\/p>\n\n\n\n

Obama-appointee District Judge Mirando Du rejected both elements of the FPC suit. She argued that because Nevada residents can purchase serialized firearms, and they have the opportunity to sell their now-banned receivers, the bill does not violate either the Second or Fifth Amendments.<\/p>\n\n\n\n

SEE ALSO: Democrats Propose Omnibus Gun Ban Bill Targeting \u2018Ghost Guns,\u2019 Background Checks<\/a><\/h2>\n\n\n\n

 \u201cBecause AB 286 targets only unserialized firearms that are not within a categorical exception, that bypass background checks by virtue of self-assembly, and that are untraceable without a serial number, the Court finds that AB 286 is a reasonable fit for achieving the government\u2019s objectives of decreasing the threat that unserialized firearms pose to public safety and preserving law enforcement\u2019s ability to trace firearms related to violent crimes,\u201d Mirando said.<\/p>\n\n\n\n

\u201cWhile the Court is sympathetic to the economic loss Plaintiffs assert,\u201d she continued, \u201cit is not clear based on the record the extent or certainty of that economic loss,\u201d the order states. \u201cBecause AB 286 provides an approximate 10-month period for persons to sell unserialized firearms and constituent parts to firearms importers, manufacturers, or licensed dealers beginning June 7, 2021, the possibility of recouping a potential economic loss was \u2014 and remains as of the date of this order \u2014 possible.\u201d<\/p>\n\n\n\n

SEE ALSO:<\/strong> Nevada Judge Allows Suit Alleging AR-15s Should be Considered Machine Guns<\/a><\/p>\n\n\n\n

In a statement<\/a>, FPC called the decision \u201cmisguided\u201d and said they may decide to appeal. \u201cToday’s order is wrong as a matter of law and reduces the fundamental human right to keep and bear arms to a mere privilege,\u201d the organization said. \u201cFPC’s appellate counsel are reviewing this horribly flawed order and are authorized [to] take any and all appropriate actions to protect the Second Amendment rights of Nevada residents.\u201d<\/p>\n\n\n\n

SEE ALSO: 18 Attorneys General Call on DOJ to Close \u2018Ghost Gun Loophole\u2019<\/a><\/h2>\n\n\n\n

Nevada, like other states that have gone after \u201cghost guns,\u201d wrote the law to target products like those sold by Polymer80. The Bureau of Alcohol, Tobacco, Firearms, and Explosives has held for years that these \u201c80-percent\u201d receivers do not constitute firearms because they have not reached a stage of manufacture necessary to be used in a firearm.<\/p>\n\n\n\n

In the last few years, however, the ATF has reversed course. As the behest of President Joe Biden, they are currently considering a rule in line with Nevada\u2019s law: any product that can be \u201creadily\u201d converted into a receiver would count as a \u201cfirearm.\u201d We\u2019ve called on our readers to leave comments on this new rule, which you can read more about here<\/a>.<\/p>\n\n\n\n

The Nevada \u201cghost gun\u201d ban passed on strict party-line votes in both the Senate and the Assembly.<\/p>\n\n\n\n