Federal Judge Partially Blocks Delaware ‘Ghost Gun’ Law

A new federal ruling casts doubt on a government’s ability to restrict the self-manufacture of firearms for personal use. U.S. District Court Judge Maryellen Noreika issued a preliminary injunction on Friday blocking the state of Delaware from enforcing provisions of its recently-passed law outlawing the manufacture and possession of unserialized firearms and unfinished firearm components. 

The judge noted that the plaintiffs in the case were likely to succeed in proving the provisions that prohibit manufacturing unserialized firearms “are unconstitutional” at trial.

“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,” Judge Noreika wrote in her opinion.