Charlie T Waite Posted September 25, 2022 Share Posted September 25, 2022 WILMINGTON, DE (September 23, 2022) – Today, Firearms Policy Coalition (FPC) announced that United States District Judge Maryellen Noreika issued an order enjoining Delaware’s bans on self-manufacturing and possession of home-built firearms in its Rigby v. Jennings lawsuit. The opinion and order can be viewed at FPCLaw.org. “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,” wrote Judge Noreika in her opinion. “Further, Defendant has offered no evidence that these statutes are consistent with the nation’s history of firearm regulation.” The Court went on to hold that “the right to keep and bear arms implies a corresponding right to manufacture arms. Indeed, the right to keep and bear arms would be meaningless if no individual or entity could manufacture a firearm. Thus, if possessing untraceable firearms is protected by the Second Amendment, then so too is manufacturing them.” The Court’s Order states in pertinent part that: “Defendant [Delaware Attorney General Kathy Jennings], her officers, agents, servants, employees, and all persons in active concert or participation with her, and all persons who have notice of the injunction are preliminarily enjoined from enforcing 11 Del. C. § 1459A(b); 11 Del. C. § 1463(a); 11 Del. C. § 1463(c)(1) and from enforcing 11 Del. C. 1463(b) to the extent that the Court has found it likely unconstitutional (i.e. the statute’s provisions that bar the manufacturing and assembly of untraceable firearms, but not the prohibitions against distributing untraceable firearms).” The Order issued today further denied the State’s motion to dismiss in its entirety. “The self-manufacture of arms is deeply rooted in American history,” said FPC Law’s Director of Constitutional Studies, Joseph Greenlee. “It has been a celebrated tradition since the earliest colonial days, it helped save America’s war for Independence, it was essential to western expansion, and it has led to many of the most innovative technological breakthroughs in our nation’s history. We are pleased that the court recognized this essential element of the right to keep and bear arms and will continue to fiercely advocate for its protection.” “Yet another Court has recognized the expansive natural and individual right that is protected by the Second Amendment–in this case, the individual right to manufacture one’s own self-defense tools,” said Cody J. Wisniewski, FPC’s Senior Attorney for Constitutional Litigation. “FPC has notched another post-Bruen win, not only demonstrating how important the Supreme Court’s Bruen decision is, but further demonstrating that FPC has the most effective and expansive program dedicated to fighting for individual’s Second Amendment protected rights in courtrooms across the nation.” “Limiting the means by which peaceable people acquire arms is about one thing: the unconstitutional and immoral monopolization of power,” said FPC Director of Legal Operations Bill Sack. “The state is not entitled to cut off access to self-manufacturing of arms under the Second Amendment, period.” This decision marks the first-ever federal Second Amendment decision upholding the fundamental right to self-manufacture arms. FPC will continue to aggressively litigate to protect and restore the right to self-manufacture arms in this and cases throughout the United States, including VanDerStock v. ATF, Renna v. Bonta, Palmer v. Sisolak, Fahr v. San Diego, and others. Link to comment
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