Judge Blocks Delaware Ban on Self-Built Firearm Possession, Home Manufacturing

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Judge Blocks Delaware Ban on Self-Built Firearm Possession, Home Manufacturing

U.S.A.-(AmmoLand.com)- 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.”

“Yet another Court has recognized the expansive natural and individual right that is protected by the Second Amendment–in this case, the individual right to manufacture one’s own self-defense tools,” said Cody J. Wisniewski, FPC’s Senior Attorney for Constitutional Litigation. “FPC has notched another post-Bruen win, not only demonstrating how important the Supreme Court’s Bruen decision is, but further demonstrating that FPC has the most effective and expansive program dedicated to fighting for individual’s Second Amendment protected rights in courtrooms across the nation.”

“Limiting the means by which peaceable people acquire arms is about one thing: the unconstitutional and immoral monopolization of power,” said FPC Director of Legal Operations Bill Sack. “The state is not entitled to cut off access to self-manufacturing of arms under the Second Amendment, period.”

This decision marks the first-ever federal Second Amendment decision upholding the fundamental right to self-manufacture arms. FPC will continue to aggressively litigate to protect and restore the right to self-manufacture arms in this and cases throughout the United States, including VanDerStock v. ATF, Renna v. Bonta, Palmer v. Sisolak, Fahr v. San Diego, and others.

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.


About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.Firearms Policy Coalition

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Ronnie

MAKING home made FIREARMS is an AMERICAN tradition, HERITAGE ! Just wish these CNC machines were available 40 years ago, even so,I can’t afford one, living on Social Security!! I was a gun Smith back in the day!!

Last edited 2 months ago by Ronnie
Ronnie

Any of my fellow PATRIOTS have a BROKEN CNC tabletop machine THEY can donate, or affordable price would BE much appreciated. Something to tinker with, I’m gifted with fixing things.

Last edited 2 months ago by Ronnie
musicman44mag

Man I wish I had the money so I could buy one and give it to you.

DIYinSTL

Local governments (for larger machines) and schools often auction these off and they go for peanuts. You do have to pick up the item yourself, or have it done in short order.

Last edited 2 months ago by DIYinSTL
swmft

as the do away with shop classes more of this stuff has become available

swmft

that is about when they first came into use ,automotive industry making engine parts and transmission parts ,the early ones are full size lathe and milling machine and not full process, items had to be reset and zero set , a friend has one of these in his basement, runs an early version of dos and turns a nice 50 bmg barrel ,because of the setup he could make anything the length of the stock he can get 40 feet….would have to make a hole in one wall…I know when he got it cost him more to move than he… Read more »

HLB

Yes, the shop I worked in as a kid had a hole in the wall.

HLB

Montana454Casull

Thank you sir for being a judge who recognizes our constitutional rights to build our own firearms in America . FJB

totbs

Not to cave to the pronoun BS, but it’s a “her”. 🙂

Boom

A female judge? How is that even possible?

Trussman

Years ago, I had a FFL. Back then, it was common knowledge, and practice, that an individual could make their own firearms. They could not legally sell or trade them, without applying to the BATFE for a serial number, then having their name, city and state engraved on them. Granted, back then you almost had to be a machinist to be able to make a receiver and bolt, as most of what I saw were bolt action rifles, some of them were really amazing bench rest guns. I don’t understand the push to outlaw home-built guns of any kind, unless… Read more »

DIYinSTL

I believe that there were also parts of the law that were not enjoined (per Armed Scholar on youtube). FPC should report the full story, the good and the disappointing.

swmft

one more criminal act by government that courts are stating is criminal…..makes most cops criminals

Green Mtn. Boy

Breaking,any and all forms of gun control are un Constitutional,now if Leftards could just fathom this concept.

Vince

Delaware keeps losing 2nd amendment constitutional cases with more to come regarding mag limits and semi-auto rifles. Makes me wonder why we are paying legislators to subvert the Constitution. We need to introduce a bill where all legislators who vote for and pass unconstitutional laws need to personally reimburse the taxpayer legal expenses. No more “we can do whatever we want and use your tax dollars to defend ourselves” while never paying a dime.

Boom

HahHahHahhahaha.