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From Polymer80 . . .

On November 23, 2021, in a huge victory for both Polymer80 and the Second Amendment in Nevada, the Hon. Judge John P. Schlegelmilch of the Lyon County, Nevada District Court stated he would be issuing summary judgment in favor of Polymer80, Inc., in their lawsuit against Nevada Governor Steve Sisolak, Nevada Attorney General Aaron Ford, George Togliatti, Director of the Nevada Department of Public Safety, and Mindy McKay, Administrator of the Records, Communications, and Compliance Division of the Nevada Department of Public Safety. The judgment would invalidate and bar enforcement of major portions of Nevada Assembly Bill 286, on due process grounds under the Nevada state constitution.

Assemblywoman Sandra Jauregui (D-Las Vegas) sponsored AB286 which passed on straight party-line votes in both the Nevada Assembly and Senate. Gov. Sisolak, a Democrat, signed AB286 into law in early June 2021.

AB286 generally prohibits a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. Initial violations carry a criminal misdemeanor penalty; repeat violations can be punished by a felony charge.

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.

In addition, the Court determined that the additional required component of the definition of “unfinished frame or receiver” mandating that a blank, casting, or machined body have reached such a stage of formation that “most of the major machining operations” needed to turn those items into a firearm had been completed was fatally vague and ambiguous. The Court ruled that those terms, alone and together, were so unclear and uncertain that they did not provide fair notice to a Nevadan of ordinary intelligence as to what specific conduct AB286 prohibited, rendering the bill unconstitutional under the Due Process Clause of the Nevada Constitution.

Polymer80 pistol build kit
Travis Pike for TTAG

The Court also ruled that those vague terms encouraged and effectively authorized arbitrary and discriminatory enforcement against all Nevadans, in that AB286 left the interpretation and application of those nebulous terms entirely to the discretion of governmental authorities, which Nevada Supreme Court decisions have precluded. Finally, Judge Schlegelmilch indicated that he would be issuing a formal written Order in December 2021, encapsulating and memorializing his oral rulings, declaring the cited provisions of AB286 unconstitutionally vague, and barring their enforcement permanently.

“This is a significant victory for Polymer80, Nevadans, and our customers nationwide,” Polymer80 CEO Loran Kelley said. “AB286 is vague and unlawful legislation that targets our company specifically for conducting a lawful business. We will continue to challenge lawless attempts to curtail our rights and the rights of our customers. Polymer80 would like to thank our loyal customers, whose continued support allows us to keep fighting for Second Amendment rights across the country and our attorneys at Greenspoon Marder, LLP who worked tirelessly and never gave up this fight. Polymer80 strongly believes that the Second Amendment is a foundational principal in America that can never be violated. Continuing to fight those who strive to take it away is a core belief of our company. It’s one more example of our company motto, ‘Engage Your Freedom.’”

Founded in 2013 and headquartered in Dayton, NV, Polymer80, Inc. designs and develops innovative firearms, components and aftermarket accessories that allow customers to participate in the build process, while expressing the right to bear arms. For more information on Polymer80 and its products visit https://www.polymer80.com/ or Click Here.

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  1. Wow that’s a pretty big deal and that law would have made it impossible to build your own gunm no matter how you did it.

    • I was *just* contacting custom gun shops in the Vegas area today to get a friend’s P80 marked for compliance. I helped (guided) her in building her first gun a few months ago, and then Gov. Sisolak passed AB286 into law, essentially making her a Class D felon on Jan 1 if she didn’t have it marked.

      I still haven’t found anyone who will perform this service. One shop said it stopped offering that last month, and another said its website is incorrect and they only engrave artwork, not mark serial numbers.

      I sure hope this law is permanently enjoined.

    • Not so sure. Their vague definitoins, leaving things to the local head cop, etc, are fatal flaws.
      Typicl of a “hurry up and throw something at the wall”knee-jerk legislation common these days. Dream up a problem,crank some words out of some sort of processor that sorta match some of the aspects of the “problem”, file it, schmooze the party whose support you think you need, and presto changeo you have a new law with which to incarcerate those with values of which you disapprove.

      FUrhte,r”summery judgment” is rathe tough to fight, as it basically says “hey dimwit you did not put enough marbles on the table to make a case, go home”.

  2. So, they come back next week, tweak the wording and pass another version of this Kommie Krap… Meanwhile the good judge wakes up from a drug induced stupor and finds himself covered with photos of him having sex with two little boys and his neighbors dog… No good deed goes unpunished…

  3. not sure what the colloquial equivalent in german of “legmilk” is, but they must have followed the old jism trail out west.

    • “…but they must have followed the old jism trail out west.”

      The “old jism trail” today leads down the steps into my mentally-ill demented troll’s mom’s basement.

      It’s so thick, it makes crunching noises when his mom walks down there… 😉

  4. its a nevada district court judge ruling
    it stays in nevada for the appeal for now
    if it gets appealed at all
    the language in the ruling here is pretty strong

  5. how much did this cost polymer 80
    even if they get their costs and fees paid for
    the process is the punishment
    just like with rittenhouse

    • I had the same thought.

      At any rate I am inclined to purchase a Polymer80 “blank” receiver as a reward for Polymer80’s conduct in this matter.

  6. The left is tightening their grip in some places and losing control in others.

    What’s for sure is that guns are not going away and it will be a major factor in upcoming elections.

    • The polarization becomes more stark, between those that love America, and those that hate it and want to destroy it to build their totalitarian fascist state…

      • between those that love America, and those that hate it and want to destroy it to build their totalitarian fascist state”

        dunno. many of those that “love america” really love only their isolated selves, and identify any state, any city, any county, any law, any church, with “totalitarian fascism”.

        (just like they’ve been trained for decades. notice how they NEVER identify it with boolshevik communism. just like they’ve been trained for decades. “the polarization becomes more stark”? (laugh) – dude, the polarization has been total for a very long time, you just never noticed it.)

      • The Republicans already have created their fascist state by allowing police to murder people at will with no fear of prosecution through qualified immunity. Its no different than living under the Nazi Germany of the past.

        And the Republicans have become the criminals and lunatics best friend by making sure they have access to all the guns and firepower they want by refusing to outlaw the sale of second hand guns without going through a licensed dealer.

        The Blind greed of the Capitalvanian Republicans, prostitutes of big business and the NRA, have declared life in Capitalvania is cheap and expendable. People are now too fearful to even go Christmas shopping without getting their heads blown off. Even Nazi Germany did not get that bad because it was still safe to shop as long as you gave the stiff armed salute, but that is not true in todays Capitalvania, you get shot anyway even if you are a loyal party supporter.

        • darcydodo…Cut the chase, get a box and go door to door in your neighborhood and demand residents put their guns in your box. Don’t be surprised when some little housewife plants a frying on top of your head…Boing.

        • I can’t imagine the world in his mind. I can if I combine the worst of the USA late 1800s to early 1900s as his view of the current world. And his utopian dream is late 1930s Soviet Union with mid to late WW2 Poland.

        • If you believe living in the US today is anything like Nazi Germany you either:
          Need to learn some history,
          Need less drugs, or
          Need more drugs.

          I also don’t know where you are doing your shopping, but that isn’t a concern around here. Liberals with SUVs on the other hand…

    • “The left is tightening their grip in some places and losing control in others”

      the left’s owners control the “federal” “reserve” fiat debt dollar. long as they control that, they control everything everywhere.

      • Wait for money to be a self-expiring cryptocurrency. If you don’t spend it, it disappears. Designed to eliminate savings.

        • “and he drove them all into cities” genesis 47:13

          “Designed to eliminate savings”

          savings in that form of currency, yes.

        • “Wait for money to be a self-expiring cryptocurrency. If you don’t spend it, it disappears. Designed to eliminate savings.”

          No, it converts into other things, like how in India, tangible *gold* becomes the wealth of the poor…

        • “‘gold’ becomes the wealth of the poor”

          gold will be banned. it will have value in exactly the same way as cocaine has value. any system where gold has actual value will be a bandit kingdom.

        • Some problems for 80% were created by ads stating untracable, etc. Rest assured a criminal uses an 80% in a crime they better take it all apart, boil it and burn it to remove every spec of their DNA. Just because there is no serial number does not mean there are no other ways to link a firearm to a perp. Frankly the time and risk it takes and cost of components to complete an 80 does not save and can cost more but for those determined DIYers hats off for giving it a go.

        • I’m waiting for the day when you go to withdraw cash from your savings account and all they will give you is a bond redeemable sometime in the future.

  7. Irrelevant, as the ATF is about to out law ghost guns on the Federal Level which will overrule all state laws even if they permit such sales on the state level. Remember the ATF can put out of business and arrest anyone breaking their Federal laws including the current plaintiff. He has won only a temporary pyrrhic victory.

    • darcydodo…If the ATF fails to perform will you darcydodo take it upon yourself to see your Nazi Gun Control wishes fulfilled? If so tell the forum exactly how you plan to accomplish your diabolical deeds. Hop to it.

  8. I sincerely hope this common sense prevails throughout the rest of our society at least regarding firearms.

  9. “ Whatchamacallit December 3, 2021 At 10:49
    If you believe living in the US today is anything like Nazi Germany you either:
    Need to learn some history,
    Need less drugs, or
    Need more drugs.

    I also don’t know where you are doing your shopping, but that isn’t a concern around here. Liberals with SUVs on the other hand…“


    ANSWER; It needs the RIGHT drugs while living somewhere other than the USA.

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