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"Unfinished Frame or Receiver" Law Enjoined as Unconstitutional

Keith G. Langer July 22, 2021

"On July 16, 2021, Judge John P. Schlegelmilch entered a Preliminary Injunction barring the enforcement of Sections 3.5 and 6.9 of AB 286.  In particular, Judge Schlegelmilch held that Polymer80 'has demonstrated a likelihood of success on the merits of its claims because AB 286 – a criminal statute that under Nevada law requires a heightened level of scrutiny — and particularly AB 286's definition of ‘Unfinished Frame or Receiver' is impermissibly vague.'  Judge Schlegelmilch also held 'that AB 286 fails to provide a person of ordinary intelligence fair notice of what AB 286 criminalizes and encourages discriminatory, criminal enforcement because the definition of ‘Unfinished Frame or Receiver' in Section 6.9 of AB 286 is inherently vague.'” 

Those two terms will likely prove the key to challenging similar, ill-reasoned laws in other states.