Delaware’s Ghost Gun Ban Ruled Unconstitutional

The U.S. District Court for the District of Delaware declared on Thursday that the state’s prohibition on “ghost guns” is unconstitutional.

This legal case was focused on H.B. 125, a bill that, according to Delaware Democrats, aimed to “criminalize the possession, sale, and manufacturing of ‘ghost guns.’” Ghost guns are firearms that lack serial numbers or any identifying features, making them largely untraceable and often not detectable by metal detectors.

During the discussion of H.B. 125 in the Delaware legislature back in 2021, state Sen. Nicole Poore (D) expressed her concerns, noting that “These homemade weapons can be just as lethal as regular firearms and can be more easily accessed by individuals who are legally prohibited from owning a gun.”

She further remarked, “Untraceable and undetectable firearms pose significant threats to public safety, and I’m pleased that the General Assembly is taking early action to outlaw them.”

However, the U.S. District Court’s recent opinion pointed out that, “Plaintiffs have been compelled to give up firearms they legally owned prior to Delaware’s implementation of the Possession and Manufacturing and Assembly Bans. Currently, the only barrier preventing them from exercising their Second Amendment rights to reclaim those firearms is an unconstitutional statute. Such deprivation, even for brief periods, clearly constitutes irreparable harm.”

One of the plaintiffs, the Firearms Policy Coalition, celebrated the court’s decision on X, stating, “Today marks a significant Second Amendment victory in the Rigby v. Jennings case, as the U.S. District Court for Delaware has ruled that the state’s bans on ghost guns are unconstitutional.”