FPC Notches Another Win: Federal Judge Blocks Delaware Ban on Self-Built Firearms Possession, Home Manufacturing

WILMINGTON, DE (September 23, 2022) – Firearms Policy Coalition (FPC) announced that United States District Judge Maryellen Noreika issued an order enjoining Delaware’s bans on self-manufacturing and possession of home-built firearms in its Rigby v. Jennings lawsuit. The opinion and order can be viewed at FPCLaw.org.
“These statutes burden constitutionally protected conduct because possession of firearms and firearm frames and receivers is within the scope of the Second Amendment’s right to ‘keep and bear Arms’ and Defendant has not shown that these firearms and components are not commonly owned by law-abiding citizens for lawful purposes,” wrote Judge Noreika in her opinion. “Further, Defendant has offered no evidence that these statutes are consistent with the nation’s history of firearm regulation.”
The Court went on to hold that “the right to keep and bear arms implies a corresponding right to manufacture arms. Indeed, the right to keep and bear arms would be meaningless if no individual or entity could manufacture a firearm. Thus, if possessing untraceable firearms is protected by the Second Amendment, then so too is manufacturing them.”
The Court’s Order states in pertinent part that: “Defendant [Delaware Attorney General Kathy Jennings], her officers, agents, servants, employees, and all persons in active concert or participation with her, and all persons who have notice of the injunction are preliminarily enjoined from enforcing 11 Del. C. § 1459A(b); 11 Del. C. § 1463(a); 11 Del. C. § 1463(c)(1) and from enforcing 11 Del. C. 1463(b) to the extent that the Court has found it likely unconstitutional (i.e. the statute’s provisions that bar the manufacturing and assembly of untraceable firearms, but not the prohibitions against distributing untraceable firearms).” The Order issued today further denied the State’s motion to dismiss in its entirety.
“The self-manufacture of arms is deeply rooted in American history,” said FPC Law’s Director of Constitutional Studies, Joseph Greenlee. “It has been a celebrated tradition since the earliest colonial days, it helped save America’s war for Independence, it was essential to western expansion, and it has led to many of the most innovative technological breakthroughs in our nation’s history. We are pleased that the court recognized this essential element of the right to keep and bear arms and will continue to fiercely advocate for its protection.” Read more









