Delaware bill to ban untraceable guns awaits Carney’s signature

By Matt Bittle
Posted 6/15/21

DOVER — Legislation to ban untraceable and undetectable firearms is now before Gov. John Carney after it passed the Senate Tuesday.

House Bill 125, approved by the Senate 13-8 after passing …

You must be a member to read this story.

Join our family of readers for as little as $5 per month and support local, unbiased journalism.


Already a member? Log in to continue.   Otherwise, follow the link below to join.

Please log in to continue

Log in

Delaware bill to ban untraceable guns awaits Carney’s signature

Posted

DOVER — Legislation to ban untraceable and undetectable firearms is now before Gov. John Carney after it passed the Senate Tuesday.

House Bill 125, approved by the Senate 13-8 after passing the House of Representatives last month, would criminalize the manufacturing, possession and sale of “ghost guns.” Sen. Bruce Ennis, a Smyrna Democrat, joined most of the Republicans in opposing it, while Sen. Ernie Lopez, a Lewes Republican, was the lone member of the GOP to vote in favor.

Gov. Carney is expected to sign the measure, per his office.

The legislation would make it illegal to possess or manufacture a covert, undetectable or untraceable gun; transport, ship, transfer or sell an unfinished firearm frame or receiver; manufacture or distribute a firearm made using a 3D printer; distribute instructions that would allow a 3D printer to manufacture a firearm, receiver or another major component of a firearm; or transport, ship, possess or receive any firearm or receiver while aware the manufacturer’s serial number has been removed, obliterated or altered. (The term “ghost guns” is not used in the bill itself.)

A violation would be a felony.

Supporters say allowing retailers to sell unfinished receivers is a loophole because they do not require a background check and thus can lead to a person prohibited obtaining a firearm.

“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 Senate prime sponsor, said in a statement. “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.

“Untraceable, undetectable guns present obvious public safety dangers, and I’m glad the General Assembly is taking proactive steps to outlaw them early in their evolution.”

Democrats defeated a Republican amendment to allow individuals who possess these homemade firearms to take them to a licensed gun dealer and, after passing a background check, get a serial number put on them. An identical measure was previously defeated in the House.

“That lets the hobbyists that have spent the time and created these ... to actually go through the process, get the background check run, have a unique serial number put on that firearm so they can lawfully keep it,” Minority Whip Brian Pettyjohn, a Georgetown Republican, told colleagues. “Again, they go through the entire process just like they would for a firearm they purchased at the store.”

But despite his urging, the amendment was voted down.

Sen. Dave Lawson, a Republican from the Marydel area, spoke briefly about the bill itself, describing it as “legislation looking for a problem” that does not exist.

According to the Giffords Law Center to Prevent Gun Violence, eight states have passed laws to at least partially address the issue of undetectable or untraceable firearms.

Other legislative action

The Senate also sent to the governor several other bills, including legislation that seeks to keep firearms away from individuals facing domestic violence charges and to explicitly outlaw unfair business practices.

House Bill 124 would prohibit anyone who is the subject of an outstanding arrest warrant or active indictment related to a felony or misdemeanor crime of domestic violence from buying firearms as long as the individual is aware of the pending charges. It would add to a Delaware law that already bars the subject of a protection from abuse order from purchasing a firearm.

The bill passed, 14-6, with Sen. Ennis abstaining. Sen. Lopez crossed the aisle to support the measure in what was otherwise a party-line vote.

“Domestic abuse is far more likely to turn deadly if firearms are present in the home,” Sen. Laura Sturgeon, a Woodbrook Democrat and the Senate prime sponsor, said in a statement. “Preventing people with active protection from abuse orders from acquiring firearms is one of the surest ways we can protect the lives of their victims and stop further acts of violence from being committed with potentially deadly consequences.”

During the past five years, 29 of 41 domestic violence-related fatalities in the state involved firearms.

House Bill 91 would add to Delaware’s Consumer Fraud Act language that would prohibit “any act or practice that causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.”

Such practices could include price gouging, unethical sales tactics and hidden unaffordability.

Federal law has prohibited unfair business practices since 1938, and 44 states also outlaw them.

“Some issues are complicated; this one is not,” Attorney General Kathy Jennings, who made the bill one of her legislative priorities, said in a statement. “A second-grader could tell you that unfair behavior is wrong, so it’s no surprise that most adults assume it’s illegal. In truth, we’re one of a small handful of states where it’s not explicitly illegal for business to use unfair practices like high-pressure sales tactics or price gouging. That’s not company we want to keep.”

Members and subscribers make this story possible.
You can help support non-partisan, community journalism.

x
X