FPC Victory: Federal Court Holds Delaware “Ghost Gun” Possession and Home-Manufacturing Bans Unconstitutional
Court rules unserialized firearms, frames and receivers are protected “Arms” and Delaware cannot ban peaceable people from making their own firearms
Firearms Policy Coalition (FPC) announced today a major Second Amendment victory in its Rigby v. Jennings lawsuit, with the United States District Court for the District of Delaware holding that the State’s bans on possessing and self-manufacturing so-called “ghost guns” are unconstitutional.
The decision comes nearly four years after FPC first secured a preliminary injunction against Delaware’s possession and home-manufacturing bans. In its new merits decision, the Court granted FPC’s motion for summary judgment in part and rejected Delaware’s effort to defend its prohibitions under the Supreme Court’s Second Amendment framework.
“Delaware tried to turn peaceable people into criminals for possessing firearms they lawfully made and owned. Today the court correctly held that the Second Amendment protects the People’s right to acquire arms by building them at home. Nearly four years after we secured a preliminary injunction against these bans, we now have a merits ruling holding them unconstitutional. This is a key victory on the road to securing nationwide protection for the right to self-manufacture arms,” said FPC President Brandon Combs.
In its opinion, the Rigby Court firmly rejected Delaware’s argument that unserialized firearms and unfinished frames and receivers fall outside the Second Amendment. As the Court explained, an unserialized firearm “is an Arm under the Second Amendment” and “all firearms constitute ‘arms,’ whether serialized or not.” The Court likewise held that firearm frames and receivers are protected “Arms,” explaining that “the constitutional understanding of ‘Arms’ does not turn on serialization.” Read more
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Sept. 10, 2026
