In the case of Rigby, et. al. v. Kathy Jennings, regarding HB125, the “Ghost Gun Ban,” the court has granted a preliminary injunction:
“the four factors, considered as a whole, dictate granting preliminary relief, enjoining enforcement of §§ 1459A(b), 1463(a) and 1463(c)(1) as well as the portions of § 1463(b) that prohibit manufacturing or assembling untraceable firearms. See Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017), as amended (June 26, 2017). The Court, however, denies Plaintiffs’ motion for permanent injunctive relief.”
And the Court has denied the State’s Motion to Dismiss Plaintiff’s First Amendment and Takings Claim.
“It is Defendant’s burden to justify a Second Amendment burden as longstanding and Defendant has not put forth any evidence to meet her burden. Accordingly, the Court finds that Plaintiffs have demonstrated a likelihood of success that those portions of § 1463(b) and § 1463(c)(1) that prohibit manufacturing untraceable firearms are unconstitutional.”
Opinion below: