By Matt Bittle

DOVER — The House passed legislation Thursday that would ban untraceable homemade firearms. By a 23-18 vote, legislators approved the measure to outlaw “ghost guns,” sending the bill to the Senate.

Three Democrats joined the Republican caucus in opposing the proposal, which is supported by Gov. John Carney.

“Ghost guns” are firearms with no serial numbers or other identifying markings, making them extremely difficult for law enforcement to trace 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.

House Bill 125 would make it illegal to possess, manufacture, transport or sell an untraceable firearm, frame or 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.

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 depending on whether the person in question manufactured or distributed a “ghost gun” or simply possessed it.

The former carries a prison sentence of up to eight years, while a class E felony has a maximum sentence of five years.

“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 when the measure was filed in March. “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.”

By the same 23-18 margin, the House voted down an amendment from Minority Leader Danny Short, R-Seaford, that would have allowed individuals with unfinished firearm frames or receivers to get a serial number for them from a licensed gun dealer after passing a criminal background check.

A few Republicans spoke briefly against the bill, with Minority Whip Tim Dukes, R-Laurel, noting the proposal will make his son, who simply enjoys building firearms and shooting them on his private property, a felon.

Rep. Steve Smyk, R-Milton, expressed a desire for the legislation to stick to banning 3D-printed guns: “I don’t think that we’re actually solving any problems. We’re not going to prevent any crimes with this.”

More than 40 people testified on the legislation during the March committee hearing, with nearly 90% urging lawmakers to vote it down.

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.