Delaware County Council bans ‘ghost guns.’ A gun rights organization threatens legal action

From Delco to Chesco and Montco to Bucks, what about life in Philly’s suburbs do you want WHYY News to cover? Let us know!

Delaware County Council unanimously adopted an ordinance Wednesday evening, banning the manufacture, possession, transfer and use of “ghost guns.”

The unserialized weapons, which are often constructed using 3D printers or online assembly kits, have drawn the ire of law enforcement and gun violence survivors alike.

“We have so much more work to do to truly address the root causes of gun violence and this gun epidemic in our country,” Council Chair Monica Taylor said. “But tonight, we’re taking a crucial step to keep Delaware County safe.”

The ordinance imposes a $1,000 fine, or up to 10 days in prison for each violation, which also extends to machinegun conversion devices, sometimes called “switches.”

“It’s a teeny, tiny, small step towards making us safer,” Councilmember Elaine Schaefer said. “But it’s a step towards making us safer and we have the capacity and the ability to do it — so we have the obligation to do it.”

Delaware County joins a growing group of Pennsylvania communities in restricting the untraceable firearms, but one gun advocacy organization is already threatening legal action.

Pennsylvania Gun Rights, an affiliate of the National Association for Gun Rights, sent a letter to council members March 21, advising them against passing the ordinance. They said the law  would violate the Second Amendment of the Constitution, which enshrines the “the right of the people to keep and bear Arms.”

“You are advised to reverse course and end your consideration of any action that would seek to ban the private manufacture of Firearms,” wrote Craig Storrs Jr., executive director of Pennsylvania Gun Rights. “Failure to do so may result in referral of this matter to the National Foundation for Gun Rights for additional legal action.”

He asserted there is no “history or tradition” of regulations that justify “a blatantly unconstitutional ban of privately made firearms.”

The Nation Foundation for Gun Rights is the legal defense arm of the National Association for Gun Rights. Following Wednesday’s meeting, Storrs told WHYY News via email that county officials “chose to ignore the obvious.”

“Pennsylvania Gun Rights won’t stop fighting for the rights of residents of Delaware County to keep and bear arms. We are exploring all options to further fight this,” Storrs said. “Until then, we encourage Delaware Countians not to lose hope. This fight isn’t over.”

Taylor said the ordinance does not infringe on people’s Second Amendment rights.

“This ordinance doesn’t regulate fully assembled, lawfully obtained firearms,” Taylor said. “What this ordinance does do is to send a clear and powerful message that we will do everything in our power to prioritize and protect public safety.”

During a public hearing prior to the vote, supporters and opponents of the ordinance debated the topic, but council members appeared to have already made up their minds.

While Pennsylvania has strict preemption laws that block local governments from enacting gun laws stronger than the state’s policies, the Commonwealth Court has allowed Philadelphia’s “ghost gun” legislation to stand. The state Supreme Court is reviewing the case.

The U.S. Supreme Court recently upheld regulations instituted during former President Joe Biden’s administration that required gun assembly kit companies to add serial numbers to products and conduct background checks. Early results indicated the ban helped reduce the number of ghost guns on the street.

The threat of litigation did induce some fear in Councilmember Christine Reuther, but the Supreme Court ruling gave her more confidence. She decided it would be best for county officials to stand their ground rather than capitulate.

“Thank you to my fellow council members who decided that this should go on the agenda and not be an instance where we gave into our fear of what acting might mean,” she said.

Reuther said supporters of the ordinance have offered to pay the county’s legal fees in the event of a lawsuit.