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Nevada Supreme Court upholds state ban on ghost guns, reversing lower-court decision

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Nevada Supreme Court upholds state ban on ghost guns, reversing lower-court decision


The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Ghost guns are guns without serial numbers and are usually assembled by the user.

Justice Lidia S. Stiglich authored the opinion of the court. Stiglich ruled that the law’s definition of “unfinished frame or receiver” was not unconstitutionally vague. Stiglich noted that the court can consult ordinary dictionaries, specialized dictionaries and industry association publications to understand words with technical or special meanings. After consulting several dictionaries and trade definitions, Stiglich concluded that the term unfinished frame or receiver and the words in its definition are “readily ascertainable through their ordinary usage and understandings common to the heavily regulated subject of firearms.”

Additionally, Stiglich found that the statute does not pose a risk of arbitrary enforcement by the government. Stiglich found that the statute is a general intent statute, meaning that a person has a guilty state of mind to be convicted of a criminal offense if they intend to perform a specific act that led to the crime. Stiglich noted that to convict someone under this law:

[T]he State must show that the defendant willfully sold, offered to sell, transferred, possessed, purchased, transported, or received an unfinished frame or receiver and that the defendant knew that the object at issue had the objective characteristics of being intended to be turned into a firearm.

Because the law requires a general intent, Stiglich found no risk of arbitrary enforcement.

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In response to the court’s decision, Nevada Attorney General Aaron Ford stated:

The ban on ‘ghost guns’ is one of the most impactful pieces of legislation that we have seen come through Carson City. [The] decision … is a win for public safety and creates sensible, practical measures to protect Nevadans from violent crime.

In 2021, the Nevada legislature passed AB 286. The law banned transactions involving incomplete gun frames and receivers and unserialized weapons, with exceptions for antique guns and collectors’ items. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

This is not the only recent litigation over government regulation of 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 aimed at limiting ghost guns. The Biden administration appealed this decision to the US Supreme Court. 





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IN RESPONSE: Cortez Masto lands bill would keep the proceeds in Nevada

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IN RESPONSE: Cortez Masto lands bill would keep the proceeds in Nevada


A recent Review-Journal letter to the editor mischaracterized Sen. Catherine Cortez Masto’s Southern Nevada Economic Development and Conservation Act, also known as the Clark County Lands bill. As the former executive director of the Nevada Conservation League, I wholeheartedly support this legislation, so I wanted to set the record straight.

Sen. Cortez Masto has been working on this bill for years in partnership with state and local governments, conservation groups like the NCL and local area tribes. It’s true that the Clark County lands bill would open 25,000 acres to help Las Vegas grow responsibly, while setting aside 2 million acres for conservation. It would also help create more affordable housing throughout the valley while ensuring our treasured public spaces can be preserved for generations to come.

What is not correct is that the money from these land sales would go to the federal government’s coffers. In fact, the opposite is true.

The 1998 Southern Nevada Public Lands Management Act is a landmark bill that identified specific public land for future sale and created a special account ensuring all land sale revenues would come back to Nevada. In accordance with that law 5 percent of revenue from land transfers goes to the state of Nevada for general education purposes, 10 percent goes to the Southern Nevada Water Authority for needed water infrastructure and 85 percent supports conservation and environmental mitigation projects in Southern Nevada. This legislation has provided billions to Clark County and will continue to benefit generations of Southern Nevadans. Sen. Cortez Masto’s lands bill builds upon the act’s success.

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So here’s the good news: All of the money generated from land made available for sale under Sen. Cortez Masto’s bill would be sent to the special account created by the 1998 law. Rather than going to an unaccountable federal government, the proceeds would continue to help kids in Vegas get a better education, bolster outdoor recreation and modernize Southern Nevada’s infrastructure.

I know how important it is that money generated from the sale of public land in Nevada stay in the hands of Nevadans, and so does the senator. That’s why she opposed a Republican effort last year to sell off 200,000 acres of land in Clark County and other areas of the country that would have sent those dollars directly to Washington.

Public land management in Nevada should benefit Nevadans. We should protect sacred cultural sites and beloved recreation spaces, responsibly transfer land for affordable housing when needed and ensure our state has the resources it needs to grow sustainably. I will continue working with Sen. Cortez Masto to advocate for legislation, such as the Clark County lands bill, that puts the needs of Nevadans first.

Paul Selberg writes from Las Vegas.

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Las Vegas High beats Coronado in 5A baseball — PHOTOS

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Las Vegas High beats Coronado in 5A baseball — PHOTOS