‘You cannot live freely if you are living in fear’: Delaware County Council considers ‘ghost gun’ ban

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Delaware County Council introduced an ordinance Wednesday evening that would effectively ban the manufacture, possession, transfer and use of “ghost guns.”

The proliferation of ghost guns — unserialized weapons often made using 3D printers or assembly kits — have fueled an untraceable firearms crisis across the country, prompting attempts by elected officials to restrict the homemade parts.

“You cannot live freely if you are living in fear,” Councilmember Elaine Schaefer said during the public meeting. “This ordinance seeks to fulfill our duty to keep our residents safe, to keep our street safe, to keep our home safe, to keep our first responders safe — and to deter the bad actors from continuing to threaten our public safety.”

Delco officials want to impose a $1,000 fine or up to 10 days in prison for each violation of the ghost gun ordinance. Individuals who hold a federal firearms license would be exempt from the law. The ordinance also extends to machinegun conversion devices.

“This ordinance is meant to stand in the way of the kind of person who needs to be stood up to,” Councilmember Kevin Madden said. “The kind of person who is not law-abiding, is not loyal to their neighbors and their community. The kind of person who is willing to put all of Delaware County at risk.”

Depending on how Erie City Council decides to vote on its proposed ban of handmade firearms, Delaware County could become the fifth municipality in Pennsylvania to restrict the untraceable weapons.

Adam Garber, director of CeaseFirePA, delivered a presentation at the meeting justifying the ordinance, prior to its first public reading.

“It is completely legal for Delaware County Council to do this. Four municipalities in the state have already done it — Reading, York, Harrisburg and Philadelphia, in the case of the ghost gun ordinance,” Garber said.

Pennsylvania’s strict preemption law prevents local jurisdictions from passing gun laws stronger than the state’s policies. While this has served as a major hurdle for most firearms ordinances, the Commonwealth Court of Pennsylvania has allowed Philadelphia “ghost gun” legislation to stand.

“Laws are clear, though they are subject to constant interpretation,” Delco Council Chair Monica Taylor said. “The federal government and state governments have the right to regulate firearms. This ordinance is very clear and very specific — we are talking about these dangerous parts of firearms.”

Both Delaware and New Jersey have ghost gun regulations in the books. The Pennsylvania House of Representatives passed a bill that would impose felony charges against people who sell or purchase these untraceable firearms. The state Senate Judiciary Committee is currently reviewing the legislation.

Under the Biden administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives moved to regulate ghost guns. The contested ban showed promise in reducing the ubiquity of the unserialized weapons.

The U.S. Supreme Court appeared empathetic to the ATF’s defense of their regulation. But experts believe the Trump administration could reverse course on the matter.

“If we lose the progress we’ve made, what will happen is we will see these return to market at even larger force,” Garber said. “We’ll see the manufacturers of these resell them to people and we’ll see those same percentage increases at even higher levels as they come back on the market.”

Opponents of ghost gun legislation such as the National Rifle Association have argued bans on handmade parts infringe “upon the constitutionally protected right to privately build firearms.”

A second reading and consideration of the ordinance could happen as early as April 2.