In a decision handed down last Friday, Delaware Judge Maryellen Noreika granted an injunction to gun rights defenders who are challenging an anti-ghost gun law enacted by Delaware Governor John Carney (D) last October.
The law – which worked its way through the Delaware Legislature under the name of House Bill 125 – sought to establish “the crimes of possession of an unfinished firearm frame or receiver with no serial number, possession of and manufacturing a covert or undetectable firearm, possession of and manufacturing an untraceable firearm, and manufacturing or distributing a firearm using a three-dimensional printer. This bill also makes it a crime to possess a firearm frame or receiver with a removed, obliterated, or altered serial number.”
The judge's injunction notes that the gun activist plaintiffs in the case would “face irreparable harm … because they are threatened by criminal penalties should they engage in conduct protected by the Second Amendment” as reported by the Associated Press.
The AP also noted that “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.”
The left has used “ghost guns” as their omnipotent boogeyman in recent years – especially in recent gun control pushes executed by the Biden Administration earlier this summer.
As American Liberty News previously reported, Joe Biden announced his “Safer America Plan” in late August during a speech he delivered in Wilkes Barre – Pennsylvania. During that speech, Biden promised to “ban the manufacture, sale, or possession of unserialized firearms, often referred to as ‘ghost guns.'”
The Second Amendment Foundation is one pro-gun group that currently has several legal cases in the works fighting bans on ghost guns. One of these cases is a ban on gun shows in California, which was signed into law by Governor Gavin Newsom. [RELATED: Prominent Gun Group Files Lawsuit Against Unconstitutional Regulations]
When the bill was introduced in the California state legislature in 2021, the bill's sponsor Senator Dave Min (D-Irvine) – a UC Irvine law professor – said he introduced the bill to “effectively end the ‘gun show loophole' and eliminate the sale of ghost guns, straw party sales, gun thefts from careless vendors and other unlicensed conveyances of firearms that all too often occur at gun shows.”
Regarding the California gun show ban, Second Amendment Foundation's Alan Gottlieb said:
“Like it or not gun shows are public forums where like-minded people can meet and discuss various issues, engage in firearm sales and purchases, learn about gun safety and enjoy the camaraderie inherent at such events.”
