Delaware’s Ghost Gun Ban Leads to Wrongful Juvenile Conviction
In a significant development highlighting ongoing issues with Delaware’s overreaching “ghost gun” restrictions, the state’s Department of Justice (DOJ) has admitted in a federal court filing that prosecutors unlawfully charged and convicted a juvenile under an enjoined statute banning possession of untraceable firearms. This revelation, detailed in a February 9, 2026, status update letter in the long-running case Rigby v. Jennings, underscores the risks of vague, unconstitutional gun-control laws that infringe on Second Amendment rights and lead to government overreach.
The case stems from a 2021 challenge brought by Delaware residents John Rigby and Alan Knight, along with the Firearms Policy Coalition (FPC), against then-Attorney General Kathy Jennings (now in a different role, but the defendant remains in the office). They argued that House Bill 125’s prohibitions on manufacturing, possessing, or assembling untraceable firearms, often called “ghost guns” by critics, violated the Second Amendment. These homemade or self-assembled firearms, built from parts or kits without serial numbers, represent a core exercise of the right to keep and bear arms, including the fundamental liberty to make one’s own firearm for lawful self-defense.
In September 2022, U.S. District Judge Maryellen Noreika granted a partial preliminary injunction, blocking enforcement of key portions of the law, including 11 Del. C. §§ 1459A(b), 1463(a), 1463(c)(1), and parts of §1463(b). The court found the plaintiffs likely to succeed on their claims that these bans lacked historical analogues under the Supreme Court’s Bruen framework, which requires that gun regulations be consistent with America’s “historical tradition of firearm regulation.” The injunction has protected law-abiding citizens’ ability to possess and build unserialized firearms ever since, affirming that the Second Amendment extends to modern methods of firearm production.
Despite this clear court order and the DOJ’s own guidance memorandum reminding law enforcement of the enjoined provisions, a New Castle County officer charged a 17-year-old juvenile on January 25, 2025, with Possession of an Untraceable Firearm under §1463(a), among other charges, like possession by a prohibited person and unsafe storage. The case moved to Family Court, where a Deputy Attorney General (DAG) inexplicably pressed forward with all charges, including the enjoined one.
To secure a plea, the DAG offered a deal: plead guilty to the untraceable firearm possession charge, which carried more lenient sentencing guidelines, no mandatory six-month detention, compared to the prohibited-person offense. On April 28, 2025, the juvenile accepted probation at “The Cottages” (a Level 4 supervised program) instead of incarceration. This plea was built on an unconstitutional statute that courts had already declared likely invalid.
The error only came to light during a routine review of criminal records for an unrelated case. Upon discovery, the prosecuting DAG promptly notified defense counsel. On January 27, 2026, the state filed, and the Family Court immediately granted a motion to vacate the conviction. The DOJ’s February 9 letter to Judge Noreika admits the mistake, attributes it to prosecutorial oversight despite internal guidance and likely discussions at Delaware Police Chiefs Association meetings, and reaffirms efforts to ensure compliance.
From a pro-Second Amendment perspective, this incident is a stark warning about the perils of anti-gun laws that criminalize common, constitutionally protected conduct. “Ghost gun” bans target everyday Americans who exercise their right to craft firearms at home, whether for sport, self-defense, or historical reenactment, without any evidence of misuse by the lawful builder. The term “untraceable” is a misnomer; these firearms are no more anonymous than cash transactions or private sales, which have long been lawful. Criminalizing possession or assembly punishes intent rather than action, chilling the exercise of a fundamental right.
This wrongful prosecution shows how such laws invite abuse: even with a federal injunction in place, overzealous officials can ensnare innocents (or in this case, a minor) in the system. The juvenile faced unnecessary legal jeopardy, a tainted record (vacated only after discovery), and pressure to plead to a charge that shouldn’t exist. It raises questions about training, accountability, and whether anti-gun zeal leads to disregard for court orders.
The Firearms Policy Coalition and similar groups have repeatedly scored victories against ghost gun restrictions nationwide, emphasizing that the Second Amendment protects the means to obtain arms, including self-manufacture. Delaware’s law, partially halted since 2022, exemplifies post-Heller and post-Bruen overreach attempts to regulate away rights without historical precedent.
Law-abiding gun owners should view this as vindication: the injunction worked by preventing further improper enforcement, and the vacatur corrects one injustice. Yet it exposes systemic flaws in gun control regimes that prioritize prohibition over precision. True public safety comes from enforcing the law against criminals, not infringing on the rights of the innocent.
As Rigby v. Jennings moves toward a potential final resolution, this status update underscores the need for courts to rigorously scrutinize such restrictions. The right to keep and bear arms includes the right to make them. Delaware’s mishap serves as a cautionary tale: when governments overstep constitutional bounds, real people suffer, and justice demands correction. Gun rights advocates will continue fighting to ensure no more such errors occur, protecting the freedoms that define a free people.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
