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Delaware Court Declares State Ghost-Gun Ban Unconstitutional

A federal judge in Delaware ruled that the state's prohibition on making and possessing ghost guns violates the Constitution.

In a Thursday decision, the U.S. District Court for the District of Delaware struck down the state's ban on ghost guns as unconstitutional. The legislation, H.B. 125, aimed to criminalize the creation and possession of firearms without serial numbers, which lawmakers said posed public-safety risks. The court held that owners who had lawfully possessed such weapons before the ban were unjustly deprived of their Second Amendment rights, describing the loss as an irreparable injury.

The ruling was announced by the Firearms Policy Coalition, which framed it as a significant win for gun owners. State Sen. Nicole Poore had previously supported the ban, citing concerns about untraceable weapons. The judgment now leaves the legality of ghost guns in Delaware uncertain pending further action.

Why it matters

The ruling could reshape state-level gun regulations and affect how untraceable firearms are regulated nationwide.

In this story

ghost gunsDelaware banunconstitutionalSecond AmendmentH.B. 125federal court ruling
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