Nevada passes AB286, outlawing ghost guns, 80% lowers, etc.

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  • Decoy

    Ultimate Member
    MDS Supporter
    Mar 2, 2007
    4,928
    Dystopia
    BREAKING: FPC Files 2A Challenge to Nevada’s New Ban on Self-Built Firearms, Precursor Parts

    Three days ago, Nevada Governor Steve Sisolak signed AB 286 into law, which “radically expands the State of Nevada’s statutes to unconstitutionally and categorically ban, under pain of severe criminal sanctions, the possession, receipt, manufacturing, and sales” of Non-Firearm Objects (“NFOs”) the State classifies as “unfinished frames or receivers,” and further bans both the possession of previously self-manufactured firearms as well as, prospectively, any further self-manufacturing of firearms.

    FPC’s complaint alleges that Nevada’s ban is categorically unconstitutional, explaining that “the government cannot narrow the channels for exercising the right to keep and bear arms by limiting one’s access to the essential instruments of that right to limited, government-approved manufacturers of firearms and firearm predecessor materials.” The complaint also says that “Nevada’s Ban imposes a blanket prohibition against a broad class of protected arms in common use for self-defense and other lawful purposes by ordinary law-abiding citizens like the Plaintiffs.”

    “Nevada’s broad ban on the possession and construction of constitutionally protected firearms and precursor materials violates Nevadans’ Second Amendment rights and unlawfully deprives them of their property, in violation of the Constitution,” said Adam Kraut, FPC’s Senior Director of Legal Operations. “In order for a law-abiding individual to exercise their Second Amendment rights, they must have the ability to possess firearms, including those they build themselves. As our complaint explains, the right to self-build one’s own arms has been enjoyed, and at times absolutely necessary, since the founding of our country. We will aggressively litigate this action and seek an injunction to prevent this law from depriving individuals of their rights and property.”

    Individuals that are interested in joining FPC in the fight against tyranny can become a member of the FPC Grassroots Army for just $25 at JoinFPC.org.
     

    MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,242
    Frederick County
    From the enrolled text -
    9. “Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.
    Haven't they been watching the AFT Follies with 80%s? The first question (after "unconstitutional") will be "how much is 'most'?" Is that based on time, complexity, material added/removed? And parroting Justice Potter Stewart, who said simply, “I know it when I see it” won't cut it (pun intended.)
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    14,366
    Mt Airy

    That's the sticky-wicket....how can anyone know what was made from an 80% vs what was made from a block of aluminum or plastic? 3D printed would be complicated too.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,615
    MoCo
    When Maryland outlawed the sale of 190 proof spirits, Everclear and others introduced 189 proof grain alcohol. Do you think Anderson or others will develop and sell 79% lowers? ;)
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    When Maryland outlawed the sale of 190 proof spirits, Everclear and others introduced 189 proof grain alcohol. Do you think Anderson or others will develop and sell 79% lowers? ;)

    No. Because ATFs new definitions are likely to find anything much beyond a completely blank forging or casting is going to be considered a firearm receiver.

    Think ALL machining steps will need to be completed by the end user. And likely any casting, forging or polymer blank that requires too few machining steps are going to be considered receivers as soon as they are casted/forged/molded.

    I mean yes, I think they still be sold because some people enjoy building guns from scratch. Even if it means a background check But I think this will mostly destroy the 80% market. Though in states there would still be somewhat advantageous. An 80% Glock blank would need to be 4470’d in MD according to the NPRM, but not according to MD so I shouldn’t need a 77r.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,615
    MoCo
    No. Because ATFs new definitions are likely to find anything much beyond a completely blank forging or casting is going to be considered a firearm receiver.

    Think ALL machining steps will need to be completed by the end user. And likely any casting, forging or polymer blank that requires too few machining steps are going to be considered receivers as soon as they are casted/forged/molded.

    I mean yes, I think they still be sold because some people enjoy building guns from scratch. Even if it means a background check But I think this will mostly destroy the 80% market. Though in states there would still be somewhat advantageous. An 80% Glock blank would need to be 4470’d in MD according to the NPRM, but not according to MD so I shouldn’t need a 77r.

    ...and criminals are still gonna crime, and honest folk like us will suffer...
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,688
    Columbia
    Or maybe some Nevada residents won’t comply with unconstitutional ********. We shall see.


    Sent from my iPhone using Tapatalk
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,500
    That's the sticky-wicket....how can anyone know what was made from an 80% vs what was made from a block of aluminum or plastic? 3D printed would be complicated too.

    The ak guy had an interesting idea. He tasked his audience with creating a gun design that uses a common object as the receiver and then selling the parts kit. Basically, if you can easily turn a pipe or kitchen appliance into a gun with the parts kit, anyone in possession of those common items now are in violation of boo-pew laws. I think it's a brilliant approach.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    ...and criminals are still gonna crime, and honest folk like us will suffer...

    Yup.

    I read an article yesterday about how Boebert was claiming liberal states were making spreading HIV not a crime. Which isn't remotely true. But a few have been dropping specific criminal statutes calling out HIV specifically. You can and could be charged under existing statutes in those states for knowingly spreading a disease. It was just an extra crime on top of that if it was HIV.

    One HIV patient advocate in commenting about the roll back of some of these laws said "If somebody picks up a chair with the intent of bashing your head in, that should be a crime. Do we need a chair-specific criminal law? I don't think so," Hanssens said.

    And yet we have a VAST array of "with a gun" laws. Its a crime to kill someone. But some places its an extra crime if it was with a gun. Or its a crime to assault someone, but an extra crime if it was with a gun.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,688
    Columbia
    Yup.

    I read an article yesterday about how Boebert was claiming liberal states were making spreading HIV not a crime. Which isn't remotely true. But a few have been dropping specific criminal statutes calling out HIV specifically. You can and could be charged under existing statutes in those states for knowingly spreading a disease. It was just an extra crime on top of that if it was HIV.

    One HIV patient advocate in commenting about the roll back of some of these laws said "If somebody picks up a chair with the intent of bashing your head in, that should be a crime. Do we need a chair-specific criminal law? I don't think so," Hanssens said.

    And yet we have a VAST array of "with a gun" laws. Its a crime to kill someone. But some places its an extra crime if it was with a gun. Or its a crime to assault someone, but an extra crime if it was with a gun.


    No different than killing someone vs killing someone because of their race, sexual orientation, if they’re a police officer, etc.
    There shouldn’t be different penalties for it. Murdering someone is already against the law.


    Sent from my iPhone using Tapatalk
     

    dannyp

    Ultimate Member
    MDS Supporter
    Oct 30, 2018
    1,493
    i read it to say " determined to be a collector's item " aren't all weapons collector' s items ?
     

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