The Firearms Policy Coalition (FPC) has challenged Oregon’s ban in HB 2005 on constitutionally protected self-manufactured arms. The filing is called Montgomery v. Rosenblum.
“Throughout American history, people have been free to personally manufacture, construct, and/or assemble arms for all lawful purposes,” argues the brief. “In defiance of this historical tradition, Oregon’s Bans completely and categorically prohibit individuals not prohibited from exercising their Second Amendment–protected rights from possessing, acquiring, and personally manufacturing common categories of constitutionally protected firearms.”
“Americans have been free to make their own firearms since before this country’s founding. As history and binding Supreme Court precedent shows, Oregon’s claim that this right isn’t protected by the Constitution is just absurd. We will continue to fight this and other bans on self-manufactured firearms until this critical right is protected throughout the United States,” said FPC President Brandon Combs.
In its reply brief, the state argued, “House Bill 2005 (2023) is constitutional because ghost guns are not Arms protected by the Second Amendment. The plain text of the Second Amendment does not extend to the right to manufacture, own, or use ghost guns. As a result, the State may appropriately regulate ghost guns through House Bill 2005 (2023) (H.B. 2005).”
Plaintiffs: Dallin Montgomery, for whom the case is named; Nick Holdway, Kevin Walters, Oregon Firearms Federation, and Firearms Policy Coalition.
Defendants: Oregon Attorney General Ellen Rosenblum, the named defendant in the case; and Oregon State Police Superintendent Casey Codding.
