Delaware ghost gun decision followed the law | READER COMMENTARY – Baltimore Sun

I teach Second Amendment classes and have comments regarding The Baltimore Suns recent ghost gun editorial (In Delaware, a worrisome challenge to ghost gun restrictions, Sept. 28). The editorial omitted critical considerations related to Judge Maryellen Noreikas recent decision blocking enforcement of Delawares law banning possession and distribution of ghost guns.

The Sun may have not cared for the holding, but Judge Noreika is a careful and deliberate jurist. She did what was required of her by the recent United States Supreme Court decision in New York State Rifle and Pistol v. Bruen. She is not entitled to make up the law or follow her personal bias whatever that may be.

Junes New York State Rifle and Pistol Association v. Bruen case was a sea change decision for the Second Amendment. It held that when the Second Amendments plain text covers an individuals conduct the Constitution protects that conduct. To justify the restriction, Delaware was required to demonstrate to the court that the enacted ban is consistent with the nations historic tradition of firearms regulation. The Delaware attorney general failed to make that showing and the judges hands were tied. She had to, and did, follow New York State Rifle and Pistol Association v. Bruen. In other words, to enforce this law she had to find that Delawares ban was consistent with a historic tradition of regulation as it existed at the time of the founding. The judge cant be faulted for doing her job. Had she not followed this very recent Supreme Court precedent, she would be called an activist judge.

Judge Noreikas decision is not binding on any court sitting in Maryland, but Bruen binds Maryland courts, and Maryland will face this same challenge when it seeks to enforce its ghost gun ban. Perhaps Maryland will take its cue from the Delaware decision and will be prepared to tie historic tradition of regulations that existed at the time of the founding or soon after into its ghost gun restriction. If it is unable to do so, it will fail.

James B. Astrachan, Baltimore

Add your voice: Respond to this piece or other Sun content by submitting your own letter.

Read the original here:
Delaware ghost gun decision followed the law | READER COMMENTARY - Baltimore Sun