Delaware has some of the strictest gun laws. They are up there with NJ and Maryland, seeing as they are right there.
The short version:
Judge Maryellen Noreika, a federal judge, issued an injunction barring its “ghost gun” ban. She left some parts in place.
The Attorney General had attempted to have the case dismissed, which would have left the ban in place. Instead of dismissing the judge did a little research and then issued the injunction.
While declining to issue a permanent injunction, Noreika said that the plaintiffs are likely to succeed in their arguments that a ban on possessing homemade guns violates the Second Amendment, and that the prohibition on manufacturing untraceable firearms is also likely unconstitutional.
This is a big win for us. This is a lower level Federal Judge applying the Bruen opinion the correct way.
An injunction is issued only if the law would unduly burden a person’s rights AND if the person would likely win in court. If the law was not causing undue burden no injunction. The case can then go to trial where it might win.
This is important because it explains why only part of the law was injoined.
The ban does not allow people to sell “ghost guns”. The judge left this in place. She stated that since there are many other sources for those parts and guns with serial numbers. Thus it is not an undue burden.
She also allowed the ban on blocking 3D printer files that are ready to print firearms. This really doesn’t make any sense as anybody that works with 3D printing knows it never is “click and print” There is much more that goes into it. She did make it clear that instructions on 3D printing guns is allowed and it seems that non functional print files (STL files) can be transferred. So it could be that you could send the STL files and then send a patch file. This would technically (IANAL) be acceptable.
When this case gets to court it should be another win for us. These cases are tearing down so many of the gun right infringer’s gun control building blocks. It is good to see.
It is also good to see it happening so rapidly. It seems that as soon as the cases are hitting the courts they are getting positive reviews.
All of which is good for us.
Judge bars enforcement of Delaware ‘ghost gun’ restrictions