FPC Files Federal Constitutional Challenge to Delaware's New Ban on Self-Built Firearms, Precursor Parts, and "3D" Files :: 11/08/2021

WILMINGTON, DE (October 27, 2021) — Just seven days after it was signed into law by Delaware Governor John Carney, Firearms Policy Coalition (FPC) today filed a new federal lawsuit challenging unconstitutional statutes enacted in House Bill 125, which established a new, confiscatory ban on all unserialized, self-manufactured firearms, the parts and materials necessary to self-manufacture constitutionally protected arms, and the distribution of any files that may be used to program a 3D printer to produce a firearm. FPC is joined in the case by two individuals whose conduct has been criminalized by the new laws. The plaintiffs are represented by attorneys Bradley Lehman and Edward Paltzik. The complaint in Rigby v. Carney can be found at FPCLegal.org.

“If anyone dares to share the information deemed illicit, Defendants’ enforcement of HB 125 threatens them with serious criminal penalties, including incarceration and the lifetime loss of Second Amendment rights,” the complaint says. “Throughout American history, rich with traditions of citizens robustly exercising the cherished right to keep and bear arms, people have been free to personally manufacture, construct, and/or assemble arms for lawful purposes, including self-defense in the home.”

“The basic right of individuals to self-manufacture arms for self-defense, along with the possession of the parts and information necessary to exercise that right, is protected by the Constitution, period. Delaware’s new laws make exercising these rights a crime, which is unconstitutional and something we cannot allow to go unchallenged,” said Adam Kraut, FPC’s Senior Director of Legal Operations. “FPC believes that protecting the right to self-manufacture firearms and share information about how to do that is necessary to the preservation of individual liberty. We will continue to aggressively work to protect these rights in this and other cases throughout the United States.”

Individuals that are interested in joining FPC in the fight against tyranny can become a member of the FPC Grassroots Army for just $25 at JoinFPC.org. 

For more on FPC cases and other legal action initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube. FPC and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:

• A challenge to New York City’s ban on electronic arms (Calce v. New York City)
• A challenge to New York City’s ban on handgun carry (Greco v. New York City)
• A merits-stage Supreme Court brief providing the justices with the English history of the right to bear arms in support of a challenge to New York’s unconstitutional “may issue” scheme
• A challenge to Massachusetts' Approved Handgun Roster and Attorney General's Handgun Sales Regulations (Granata v. Healey)
• A challenge to San Diego's ban on home-building firearms and precursor parts (Fahr v. San Diego)
• A challenge to the federal ban on the sale of handguns and handgun ammunition to adults under 21 years of age (Reese v. ATF)
• A challenge to Cook County’s ban on so-called “assault weapons” (Viramontes v. Cook County)
• A challenge to Maryland’s ban on so-called “assault weapons” (Bianchi v. Frosh)
• A challenge to California’s ban on so-called “assault weapons” (Miller v. Bonta) that resulted in a post-trial judgment and permanent injunction against the challenged regulations, the first such victory in United States history
• A challenge to California’s handgun “roster”, microstamping, and self-manufacturing ban laws (Renna v. Bonta)
• A challenge to California’s firearm purchase rationing ban (1-in-30 day limit) (Nguyen v. Bonta)
• A challenge to Minnesota’s ban on handgun carry by adults under 21 (Worth v. Harrington)

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, lead the Second Amendment litigation and research space.

https://www.firearmspolicy.org/fpc-files-federal-constitutional-challenge-to-delaware-ban-self-built-firearms-precursor-parts-3d-files