As of Sept. 14, the Baltimore Police Department had confiscated 323 “ghost guns” so far this year. These are firearms assembled from parts that are potentially untraceable; they have become the preferred weapon for those seeking to avoid federal and state gun regulations. Last year, the city had confiscated 231 such weapons by Sept. 14, which means there’s been a 33% increase. And that’s just over the last year: In 2020, the city confiscated 126 ghost guns and in 2019, just 29.
Recognizing this rising threat, the Maryland General Assembly earlier this year passed a law banning anyone from buying a gun or even its major component, an “unfinished frame or receiver,” unless it included a serial number or similar personal identification code. The new law went into effect on June 1. In August, it was overtaken by federal regulations imposed by the Biden administration that mandate that all gun “kits” similarly include identifying serial numbers and can’t be purchased without a background check just like other firearms.
While it’s too early to judge the law’s effectiveness, it’s not too early to recognize a possible menace to its future. Last Friday, a federal judge barred the state of Delaware from enforcing its statewide ban on ghost guns, signed into law in October. The Delaware law isn’t just about serial numbers, of course. The state approved an outright ban on all ghost guns, but the preliminary injunction granted by U.S. District Court Judge Maryellen Noreika follows the familiar argument that certain gun rights groups have been pushing all along: that restricting the purchase, sale or manufacture of ghost guns represents a violation of the Second Amendment. Judge Noreika also rejected the arguments that taking away ghost guns is not burdensome to ordinary gun buyers and that ghost guns are not usually possessed by law-abiding citizens using them for lawful purposes.
