Delaware ghost gun bill on hold

A Delaware law banning anyone but gun dealers from owning or selling firearms made with a computer generated 3-D printer – also known as ghost guns – has been put on hold.

U.S. District Court of Delaware Judge Maryellen Noreika ruled Sept. 23 that citizens’ Second Amendment rights are violated by a Delaware law that criminalizes the possession, manufacture and distribution of unserialized firearms and unfinished firearm components.

“What is important is whether the prohibited, untraceable firearms and unfinished firearms components are 'not typically possessed by law-abiding citizens for lawful purposes,’” the opinion states. “On the record currently before the court, defendant has failed to provide evidence that persuades the court that this standard has been met. Therefore, the court finds that these statutes burden rights protected by the Second Amendment.”

The Firearms Policy Coalition along with individuals John Rigby and Alan Knight filed the lawsuit against Attorney General Kathleen Jennings after the law was signed by Gov. John Carney in 2021, claiming in addition to their Second Amendment rights, the law violates the First Amendment and it constitutes the impermissible taking of private property under the Fifth Amendment.

Noreika denied the plaintiffs relief based on the First Amendment because she wrote the law is justifiable content-based speech regulation, and not overbroad, because the “statute is narrowly focused on distributing functional code” to program a 3-D printer to manufacture a firearm or its parts. She also wrote the law does not restrain speech because punishment would be imposed after something had been said. However, she wrote, plaintiffs presented “a well-pleaded claim and not fit for dismissal.”

Noreika said plaintiffs also well-pleaded a takings claim alleging the laws require them to get rid of prohibited firearms, and unfinished frames and receivers.

Noreika denied Jennings' motion to dismiss, but she also denied the plaintiffs’ motion for permanent injunction against the law. On the granting of a preliminary injunction, Noreika said both parties will have the opportunity to continue on the record if they wish to do so.