By Matt Bittle

DOVER — Lawmakers were poised to ban untraceable “ghost guns” in 2020. Then COVID-19 struck.

Now, that effort has renewed, with Democrats on Thursday filing legislation to outlaw such firearms.

Ghost guns are firearms with no serial numbers or other identifying markings, making them untraceable by law enforcement and often undetectable by metal detectors. These firearms can be made at home using kits, sold by unlicensed dealers and purchased without a background check. This enables individuals, including those who are prohibited from possessing a firearm, to circumvent background check laws.

Under federal law, only the receiver — which houses the firing mechanism — is considered a firearm and is subject to a background check. The other components, such as the barrel, can be bought and sold without a criminal check.

However, some retailers have exploited a loophole by selling unfinished receivers, which don’t require a check. These receivers can then be made fully functional.

House Bill 125 would make it illegal to possess, manufacture, transport or sell an untraceable firearm, a frame or a receiver, as well as instructions for 3D-printing a ghost gun. It would also be against the law to own or transfer any firearm or receiver with the knowledge that the manufacturer’s serial number has been removed or altered.

“From closing the gun show and Charleston loopholes, to passing red flag laws, to expanding background checks, Delaware has been at the forefront of gun safety legislation,” House Majority Leader Valerie Longhurst, a Bear Democrat who is the main sponsor, said in a statement. “Troublingly, individuals are constantly looking for loopholes to circumvent these laws.

“Ghost guns, which can be easily obtained online and built at home, are a terrifying way to bypass law enforcement, especially for people who are prohibited from possessing a firearm. By passing this comprehensive and common-sense bill, we’re taking an important step toward protecting Delawareans from gun violence by keeping unlicensed firearms out of the hands of criminals.”

According to the Giffords Law Center to Prevent Gun Violence, eight states plus Washington D.C. have enacted laws to at least partially address the problem of undetectable or untraceable guns.

“Over the past several years, we’ve passed important gun safety legislation to help keep our communities safe, but we have more work to do,” Gov. John Carney said in a statement. “This important ghost gun legislation is thoughtful and reasonable and is intended to keep our communities safe. That’s the minimum standard our constituents expect us to meet.”

The bill defines an undetectable firearm as one “constructed entirely of non-metal substances, or a firearm that after removal of all of the major components of a firearm, is not detectable by walk-through metal detectors.”

A covert firearm, meanwhile, would be a gun “constructed in a shape or configuration such that it does not resemble a firearm,” while ones “for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law enforcement officials” would be considered untraceable.

Guns manufactured before 1968 would be exempt, as would antique replicas and muzzle-loading firearms designed to use black powder.

Individuals who possess an unfinished firearm frame or receiver with no serial number would have 90 days to comply after the bill’s enactment into law.

Violations would be class D or E felonies. The former carries a prison sentence of up to eight years, while a class E felony has a maximum sentence of five years.

“Ghost guns are specifically designed to avoid detection and skirt existing law, making them a clear threat to public safety,” Sen. Nicole Poore, a New Castle Democrat and the prime Senate sponsor, said in a statement. “Delaware needs to get ahead of this rapidly evolving technology now and close this loophole once and for all. These homemade weapons can be just as deadly as other types of firearms and are potentially easier to obtain for people legally barred from owning a gun.”

The bill has been assigned to the House Administration Committee.