In 2021, more Nevadans purchased firearms than ever before. It’s too bad that state lawmakers responded by passing legislation that criminalized custom gun makers and their customers.
Thankfully, the law didn’t stick — a state judge struck it down earlier this month.
But as we head into the new year, lawmakers should spend less time trying to strip law-abiding citizens of their Second Amendment rights and focus instead on fighting actual crime. Signed into law by Gov. Steve Sisolak earlier this year, A.B. 286 singled out Polymer80, a company that sells unfinished receivers and tools for gun kits, maligning them as a maker of “ghost guns” (untraceable firearms) — which they aren’t.
Even worse, however, the new law intentionally criminalized both the company and its customers for selling and possessing “unfinished firearms frames or receivers,” respectively.
The state judge who struck the bill down determined its vague definition of “unfinished frame or receiver” would cause the company “significant economic loss” and subsequently violate the due process clause of the Nevada State Constitution. In response to the ruling, Polymer80 CEO Loran Kelley declared the law is “vague and unlawful legislation that targets our company specifically for conducting a lawful business. We will continue to challenge lawless attempts to curtail our rights and the rights of our customers.”
This decision to strike down key components of A.B. 286 should be celebrated. The facts should also be spread.
Homemade guns aren’t widely used in crimes involving firearms. In fact, their usage is rare at best — despite the media’s fixation with them. A January 2019 Bureau of Justice Statistics survey determined criminals didn’t use “ghost guns” as their weapon of choice in crimes they perpetrated. The survey concluded that of the 287,400 prisoners surveyed as using guns during their offense, a majority (56%) stole the firearms used, and 43% of respondents obtained firearms illegally. Interestingly enough, there’s no mention of so-called “ghost guns.”
Targeting Polymer80 and its customers would have criminalized law-abiding constituents. Had A.B. 286 withstood legal challenge, many Nevadans would have paid enormous fines and possibly been jailed for exercising their Second Amendment rights.
Scapegoating lawful firearms companies and buyers but supporting parole for murderers with extensive criminal records is hypocritical and dangerous. So much for prioritizing public safety in the Silver State.
Since the early days of the Republic, Americans, including Nevadans, have built custom firearms — whether it is the muzzleloaders of the past or Armalite 15 (AR-15) rifles today. As technology evolves, so have the types of firearms. Home gunsmithing is a unique U.S. concept. And 3D printing is prohibitively expensive.
Top line: Criminals aren’t manufacturing their own firearms. They’re either stealing them or otherwise obtaining them illegally. Instead of criminalizing custom gun builders and their buyers, lawmakers should focus on the real problems: preventing unlawful firearm possession and locking up repeat offenders of crimes involving guns.
Gabriella Hoffman is a Young Voices contributor and host of the District of Conservation podcast. Follow her on Twitter @Gabby_Hoffman.
