In a major growth highlighting ongoing points with Delaware’s overreaching “ghost gun” restrictions, the state’s Division of Justice (DOJ) has admitted in a federal court docket submitting that prosecutors unlawfully charged and convicted a juvenile beneath an enjoined statute banning possession of untraceable firearms. This revelation, detailed in a February 9, 2026, standing replace letter within the long-running case Rigby v. Jennings, underscores the dangers of imprecise, unconstitutional gun-control legal guidelines that infringe on Second Modification rights and result in authorities overreach.
The case stems from a 2021 problem introduced by Delaware residents John Rigby and Alan Knight, together with the Firearms Coverage Coalition (FPC), in opposition to then-Legal professional Common Kathy Jennings (now in a distinct position, however the defendant stays within the workplace). They argued that Home Invoice 125’s prohibitions on manufacturing, possessing, or assembling untraceable firearms, typically known as “ghost weapons” by critics, violated the Second Modification. These home made or self-assembled firearms, constructed from components or kits with out serial numbers, signify a core train of the correct to maintain and bear arms, together with the elemental liberty to make one’s personal firearm for lawful self-defense.
In September 2022, U.S. District Choose Maryellen Noreika granted a partial preliminary injunction, blocking enforcement of key parts of the legislation, together with 11 Del. C. §§ 1459A(b), 1463(a), 1463(c)(1), and components of §1463(b). The court docket discovered the plaintiffs more likely to succeed on their claims that these bans lacked historic analogues beneath the Supreme Court docket’s Bruen framework, which requires that gun rules be in step with America’s “historic custom of firearm regulation.” The injunction has protected law-abiding residents’ means to own and construct unserialized firearms ever since, affirming that the Second Modification extends to fashionable strategies of firearm manufacturing.
Regardless of this clear court docket order and the DOJ’s personal steering memorandum reminding legislation enforcement of the enjoined provisions, a New Citadel County officer charged a 17-year-old juvenile on January 25, 2025, with Possession of an Untraceable Firearm beneath §1463(a), amongst different prices, like possession by a prohibited particular person and unsafe storage. The case moved to Household Court docket, the place a Deputy Legal professional Common (DAG) inexplicably pressed ahead with all prices, together with the enjoined one.
To safe a plea, the DAG supplied a deal: plead responsible to the untraceable firearm possession cost, which carried extra lenient sentencing tips, no obligatory six-month detention, in comparison with the prohibited-person offense. On April 28, 2025, the juvenile accepted probation at “The Cottages” (a Stage 4 supervised program) as a substitute of incarceration. This plea was constructed on an unconstitutional statute that courts had already declared possible invalid.
The error solely got here to gentle throughout a routine assessment of legal data for an unrelated case. Upon discovery, the prosecuting DAG promptly notified protection counsel. On January 27, 2026, the state filed, and the Household Court docket instantly granted a movement to vacate the conviction. The DOJ’s February 9 letter to Choose Noreika admits the error, attributes it to prosecutorial oversight regardless of inside steering and sure discussions at Delaware Police Chiefs Affiliation conferences, and reaffirms efforts to make sure compliance.
From a pro-Second Modification perspective, this incident is a stark warning in regards to the perils of anti-gun legal guidelines that criminalize frequent, constitutionally protected conduct. “Ghost gun” bans goal on a regular basis People who train their proper to craft firearms at dwelling, whether or not for sport, self-defense, or historic reenactment, with none proof of misuse by the lawful builder. The time period “untraceable” is a misnomer; these firearms are not any extra nameless than money transactions or personal gross sales, which have lengthy been lawful. Criminalizing possession or meeting punishes intent quite than motion, chilling the train of a basic proper.
This wrongful prosecution reveals how such legal guidelines invite abuse: even with a federal injunction in place, overzealous officers can ensnare innocents (or on this case, a minor) within the system. The juvenile confronted pointless authorized jeopardy, a tainted document (vacated solely after discovery), and stress to plead to a cost that shouldn’t exist. It raises questions on coaching, accountability, and whether or not anti-gun zeal results in disregard for court docket orders.
The Firearms Coverage Coalition and related teams have repeatedly scored victories in opposition to ghost gun restrictions nationwide, emphasizing that the Second Modification protects the means to acquire arms, together with self-manufacture. Delaware’s legislation, partially halted since 2022, exemplifies post-Heller and post-Bruen overreach makes an attempt to control away rights with out historic precedent.
Regulation-abiding gun homeowners ought to view this as vindication: the injunction labored by stopping additional improper enforcement, and the vacatur corrects one injustice. But it exposes systemic flaws in gun management regimes that prioritize prohibition over precision. True public security comes from implementing the legislation in opposition to criminals, not infringing on the rights of the harmless.
As Rigby v. Jennings strikes towards a possible remaining decision, this standing replace underscores the necessity for courts to carefully scrutinize such restrictions. The suitable to maintain and bear arms consists of the correct to make them. Delaware’s mishap serves as a cautionary story: when governments overstep constitutional bounds, actual individuals endure, and justice calls for correction. Gun rights advocates will proceed combating to make sure no extra such errors happen, defending the freedoms that outline a free individuals.
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About John Crump
Mr. Crump is an NRA teacher and a constitutional activist. John has written about firearms, interviewed individuals from all walks of life, and on the Structure. John lives in Northern Virginia together with his spouse and sons, comply with him on X at @crumpyss, or at www.crumpy.com.
