Posted on 09/29/2022 4:33:19 PM PDT by marktwain
On September 23, 2022, Judge Maryellen Noreika issued a preliminary injunction against Delaware in the case of Rigby v Jennings. The case is about whether the State of Delaware can outlaw homemade guns and the distribution of materials and software to make homemade guns.
The decision is a win for supporters of Constitutional rights but has some troubling verbiage. Judge Maryellen Noreika was appointed by President Trump in 2018.
Judge Noreika relies on the “Final Rule” from the ATF, which is under dispute in several cases, as to what is a “firearm.” Further arguments fall apart if the definition of a firearm reverts to the decades-old definition.
Judge Noreika then makes a claim, supported by a Colorado case, that if a commercial transaction may be regulated, then all transactions may be regulated. Footnote 11, p. 11:
Sections 1459(a) and 1463(b) do not solely target commercial transactions. There is no reason to believe, however, that the non-commercial character of a transaction changes the analysis. See Colorado Outfitters Ass’n v. Hickenlooper, 24 F. Supp. 3d 1050, 1074 (D. Colo. 2014) (“Logically, if the government can lawfully regulate the ability of persons to obtain firearms from commercial dealers, that same power to regulate should extend to non-commercial transactions.”),vacated on other grounds and remanded, 823 F.3d 537 (10th Cir. 2016).
This is a jump of logic and directly against the dicta in Heller, which states the Second Amendment allows:
“laws imposing conditions and qualifications on the commercial sale of arms.”
There must be a differentiation between the commercial sale of arms and non-commercial transactions, or the above statement is nonsensical.
On page 12, Judge Norieka cites the commercial sales dicta on Heller. She acknowledges the dicta does not mean every regulation of commercial sales is constitutional. From , p. 12:
(Excerpt) Read more at ammoland.com ...
I’d be afraid to test fire any gun I made.
Before you pull the trigger, point the gun away from you, hold it in extended hand, wear a good helmet and if possible wear a bullet proof vest.
Then inspect the gun to see if there was any damage or deformation.
thems the facts.
eye protection.
Have a little faith, baby.
I like your suggestion better. I like my hands about as much as any of my body parts.
Most kids in 6th grade knew how to make a zip gun out of a car antenna, when I was young. Ready to fire .22, shorts were preferred, but would also chamber LR.
Remember old cameras that had the air bulb actuator? That’s how to do it.
I grew up in North Philly.
Zip guns were a way of life From the time I was 14 years old.And no matter how hard they try, they can’t outlaw knowledge.
Good on this judge.
Us`n country boys got a present one year when a 14 year old Bronx ganger was sent to live with his aunt here. First thing he did in English class was to set off a firecracker near his fingers. Our teacher was nice and just asked him if his hand was ok. This shocked the ganger. The next day he taught us all how to make zip guns. It was the best education I ever got.
I’ll look again but I don’t remember the 2A part about serial numbers, manufacturers, or licensing.
Ever hear of a Ransom Rest?
I haven't seen any references to government requirements for those until after WWI, long after the Second Amendment or the Fourteenth Amendment were ratified.
Before companies in America built guns, individuals who knew metallurgy, built their own guns.
Sometimes someone made the stock, another the barrel, another the lock.
Hence the phrase: Lock, Stock, and barrel... to mean complete, all that was required.
What are you guys building that might explode? Well designed weapons have built in safety features. Headspace gauges allow you check if you’re within those safe tolerances.
Good points.
I was trying to be funny. I guess I will keep my day job.
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