Delaware has some of the strictest gun laws. They are up there with NJ and Maryland, seeing as they are right there.
The short version:
Judge Maryellen Noreika, a federal judge, issued an injunction barring its “ghost gun” ban. She left some parts in place.
The Attorney General had attempted to have the case dismissed, which would have left the ban in place. Instead of dismissing the judge did a little research and then issued the injunction.
While declining to issue a permanent injunction, 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.
This is a big win for us. This is a lower level Federal Judge applying the Bruen opinion the correct way.
An injunction is issued only if the law would unduly burden a person’s rights AND if the person would likely win in court. If the law was not causing undue burden no injunction. The case can then go to trial where it might win.
This is important because it explains why only part of the law was injoined.
The ban does not allow people to sell “ghost guns”. The judge left this in place. She stated that since there are many other sources for those parts and guns with serial numbers. Thus it is not an undue burden.
She also allowed the ban on blocking 3D printer files that are ready to print firearms. This really doesn’t make any sense as anybody that works with 3D printing knows it never is “click and print” There is much more that goes into it. She did make it clear that instructions on 3D printing guns is allowed and it seems that non functional print files (STL files) can be transferred. So it could be that you could send the STL files and then send a patch file. This would technically (IANAL) be acceptable.
When this case gets to court it should be another win for us. These cases are tearing down so many of the gun right infringer’s gun control building blocks. It is good to see.
It is also good to see it happening so rapidly. It seems that as soon as the cases are hitting the courts they are getting positive reviews.
All of which is good for us.
Judge bars enforcement of Delaware ‘ghost gun’ restrictions
Comments
4 responses to “Bruen win: Delaware Version”
Ol pedo joe must be freakin out and binge eating ice cream.. in between medications..
The medications are in the ice cream.
Odd, I thought his dope was in Obozos sausage, that Pedojoe has been working on for years.
STL files are the 3d model itself. You load that into the “slicer” program, which analyzes the model and (using the settings for your particular model of printer and filament) creates the command list (“gcode”) that will theoretically produce your selected item.
Or, will waste filament because you need to tweak how fast the printhead moves, how fast it extrudes the plastic, how hot the printhead needs to be to squirt that particular type of plastic at the speeds you want, how hot the bed needs to be to keep the parts from either not sticking in place or sticking and deforming the next layers because of heat, how thick your layers are, how thick the walls are, how to support bits that are just hanging in the air, how to fill in the empty spaces between walls (or not fill in, if applicable), and what scaling to use from the STL file because hot plastic will swell or shirk as it heats/cools and gee it’s a damn shame your 40-hour print job completed but all the dimensionally-critical bits like pin holes or mating surfaces are *off*.
Oh, never mind, print failed because you left the filament out in the open and it leeched humidity out of the air and printed like used food.
*And* you need to tweak all that not for the printer model in question, but *your* particular unit, because tolerances differ even on bone-stock printers – god forbid you start *changing* parts.
I’m still a n00b at the 3D printing, but pooping out little plastic grimdark dudes or Stormtrooper helmets and all that kind of thing is a damn sight easier than “I’m making something that really needs to not break and send high-velocity components into my flesh”. “Ready-to-print” files are like “drop-in” parts for 1911s – “drop into the gunsmith” becomes “ready-to-tweak-into-usability”.
(And yet… once I have my Hot’n’Soft-Serv machine calibrated and making non-critical things properly, I’ve got the files needed to make a repro 37mm M-79 flare launcher, including the casings and projectiles. 😀 I just know enough to not go “yippee yippee” and start producing things that *must* safely contain pressurized gas in/near my hands (or face) right out of the starting gate.)