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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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Nevada

Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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Officials elevate response efforts to combat eastern Nevada wildfires | Local Nevada | Local























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