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Rhode Island Bar Journal Article

"Unfinished Frame or Receiver" Law Enjoined as Unconstitutional

Posted by Keith G. Langer | Jul 22, 2021 | 0 Comments

"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.

About the Author

Keith G. Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

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Your Time May Be Limited!

If you are a defendant in a civil suit, you have a specific period of time in which to file an answer. Failure to do so can result in a default judgment being issued against you. Failure to timely submit responses to discovery requests can also negatively affect your case. Those named as defendants in criminal cases via clerk magistrate or “show cause” hearings must appear, or the complaint will issue against them. Those seeking to appeal a negative action, such as a firearms license denial or revocation, denial of a permit, or losing a case at trial, all have specific time periods in which to act. Do not lose your rights by inertia or delay.

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