Gun-Rights Group Urges Judge to Uphold Ghost Gun Ban Rejection
Firearms Policy Coalition asks Delaware judge to reject reconsideration of Second Amendment ruling on ghost gun ban.
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The Firearms Policy Coalition (FPC) has urged a federal judge to uphold her previous ruling that Delaware’s ban on so-called ‘ghost guns’ violated the Second Amendment. In a motion filed in late October, the FPC asked Judge Maryellen Noreika of the District of Delaware to reject the state’s request to reconsider her September decision, which found the ban unconstitutional.
Second Amendment Protections for Incomplete Firearms
In her September ruling, Noreika determined that Delaware’s law, which banned the possession of incomplete frames or receivers, was unconstitutional. She emphasized that such components are still considered ‘arms’ under the Second Amendment, as they are necessary for a firearm to function and are protected under federal law.
“Firearm frames and receivers are likewise ‘Arms’ under the Second Amendment,” Noreika wrote. “To start, under federal law, the term ‘firearm’ includes ‘the frame or receiver’ of any gun. That indicates that unfinished frames and receivers are not functionally different from firearms and enjoy the same Second Amendment protections.”
The FPC argued in its motion that the state’s amendment to the law did not resolve the constitutional issues and that the existing safe harbor for possession only applies to firearms obtained before the statute’s effective date. The group also claimed that the deprivation of self-manufacturing rights constitutes irreparable harm, with no public interest in enforcing unconstitutional laws.
FOR IMMEDIATE RELEASE FPC TO DELAWARE: YOU LOST. YOU DON’T GET A DO-OVER ON YOUR UNCONSTITUTIONAL "GHOST GUN" BANS After losing in federal court, Delaware tries to resurrect its unconstitutional bans on self-manufactured firearms by pretending they’re something else. FPC fires back.
Delaware’s Attorney General, Kathy Jennings, claimed the court’s ruling was based on a clear error, arguing that the serialization requirement imposed by the state was not a significant burden on gun rights. She contended that even if self-manufacturing is protected, the requirement is an incidental burden that is constitutional under the Bruen test.
Legal Challenges to Ghost Gun Regulations Continue
Meanwhile, other legal battles over ‘ghost guns’ have seen mixed results. In August, Judge Reed O’Connor of the Northern District of Texas ruled in favor of Defense Distributed, declaring the ATF’s ‘frame or receiver rule’ unconstitutional on both Fifth and Second Amendment grounds. Similarly, a three-judge panel from the Ninth Circuit dismissed a lawsuit against the ATF, citing lack of standing for the plaintiffs.
These ongoing legal challenges highlight the complexity of balancing Second Amendment rights with public safety concerns, as courts continue to grapple with the constitutional limits of gun regulations in the United States.
Source: Daily Caller
