Split vote sends 'ghost gun' ban through Pa. House, onto state Senate

Mar. 27—HARRISBURG — Zealous debate on the floor of the Pennsylvania House on Wednesday about whether unserialized, untraceable "ghost guns" are protected by constitutional rights or violate existing laws and jeopardize public safety ended with a proposed ban narrowly advancing to the state Senate.

House Bill 777, introduced by Rep. Morgan Cephas, D-Philadelphia, advanced through to the Senate by a margin of 104-97. Three Republicans supported the measure — Rep. Joe Hogan, R-Bucks, Rep. Kathleen Tomlinson, R-Bucks, and Rep. Martina White, R-Philadelphia. One Democrat, Rep. Frank Burns, D-Cambria, voted in opposition.

A motion by Rep. Aaron Bernstine, R-Lawrence/Butler, challenging the bill's constitutionality was narrowly defeated, 100-101. Burns joined the entire Republican Caucus in voting to rule it unconstitutional.

The state Senate is controlled by a Republican majority that's yet to entertain prior gun measures advanced on the strength of the House's Democratic majority — one seeking to enact universal background checks and another that would establish extreme risk protection orders. Both are assigned to the upper chamber's Judiciary Committee.

Proponents of House Bill 777 cited specific instances of violent crime and how customized guns that are unregistered and contain parts without serial numbers make it virtually impossible for law enforcement to trace when investigating shootings and homicides. They argued that "ghost guns" violate Pennsylvania's Uniform Firearms Act as well as federal gun laws and serve no purpose beyond being used in criminal acts.

"In this body for far too long, we constantly focus on singularly going after bad actors once the crimes are committed. This bill is an opportunity to get in front of the issue like so many other states," Cephas said during the floor debate.

Opponents countered that the constitutions of the U.S. and Pennsylvania make it clear that the right to bear arms is well-established and, in the commonwealth's case, must be observed without question as the document states. The violent acts committed with "ghost guns" cited in support of the proposed ban were carried out by criminals who, in doing so, had already violated existing laws, they said, and a prohibition would only adversely impact lawful gun owners who carry on a legacy of at-home manufacture.

"That argument that guns are preserved for a militia has been put to bed. It's a right that we all (individually) possess and one we must cherish and protect from a strong central government," said Rep. Tim Bonner, R-Mercer/Butler, citing precedent through U.S. Supreme Court rulings.

The bill proposes to add a new section to the state Uniform Firearms Act making it a felony to sell or transfer single parts or entire kits that lack serial numbers registered with a federal firearms licensee. It would also require any licensed dealer to have "ghost guns" they possess now or in the future marked, arranged to be marked, destroyed or surrendered and keep a record of the purchase or sale of such firearms if the bill becomes law.

Rep. Napoleon Nelson, D-Montgomery, said if anyone wants to own a gun they should get it serialized and registered and, if they wish, obtain a license to conceal carry. He urged safe storage and responsible use.

"Don't (3D) print it in your basement, sell it on the black market because you know it's untraceable and think that's community safety," Nelson said. "That's not liberty. That's anarchy. That's crazy."

Rep. Barry Jozwiak, R-Berks, a former state trooper and county sheriff, maintained that existing laws don't make it easy to trace firearms as it is. He urged citizens to take legal measures to protect themselves.

"Criminals are not going to go get a background check or go to a store to buy a gun," he said. "No matter what laws we pass they are going to do what they're going to do."