Legislators consider ghost gun legislation

OLYMPIA — The manufacture, sale and distribution of “ghost guns,” often-homemade weapons that are untraceable by authorities, may soon become illegal in Washington under legislation proposed in the Senate on Monday.

A Democratic majority advanced House Bill 1705 from the Washington House on to the Senate after a 68-30 vote during a chamber floor session on Feb. 12.

Rep. Liz Berry, D- Seattle, forwarded the bill this session to address a public safety crisis she said was now at record heights. On Monday, she called on other legislators to address the danger of untraceable guns during a public hearing in the Senate Law & Justice Committee.

“(Gun violence) is now the leading cause of death for children and teenagers,” Berry said. “As a mother, that is terrifying to me.”

Law enforcement has been working on keeping ghost guns out of the wrong hands for years. Berry said that between 2016 and 2020, law enforcement agencies recovered nearly 24,000 ghost guns from crime scenes.

President Joe Biden proposed similar regulations on ghost gun kits last spring. Currently, consumers can purchase these kits without a background check and build untraceable firearms lacking serial numbers.

In early February, Biden said the U.S. Justice Department’s Bureau of Alcohol, Tobacco, Firearms and Explosives is analyzing public comments on the proposal as the next step in the regulatory process.

HB 1705 defines an untraceable firearm as “any firearm manufactured after July 1, 2019, that is not an antique firearm and that cannot be traced by law enforcement by means of a serial number affixed to the firearm.”

Under the bill, the manufacture of an untraceable firearm with the intent to sell would be a class C felony. A person convicted of manufacture without intent to sell would receive a $500 civil infraction on the first offense with a misdemeanor following and gross misdemeanor on any later offenses.

Defendants in other untraceable firearms crimes face similar fines and subsequent misdemeanors. Any firearm manufactured before July 1, 2019, is not affected by current law or the proposed legislation.

Kevin Fuhr, Moses Lake Police chief, said he cannot think of a time when his department has ever confiscated a ghost gun. The majority of firearms Moses Lake Police Department seizes are stolen firearms that are traceable.

“Criminals have the ability to get guns when they need them, whether through their network or stealing,” Fuhr said

Moses Lake does not have the same issue as Seattle and other areas, Fuhr said. He can see the potential for the bill but remains neutral in terms of support as it does little to affect his operations.

Aoibheann Cline, National Rifle Association northwest regional director, said HB 1705 is a solution in search of a problem. She said the narrative of ghost guns is overblown and does not fit the reality of Washington state.

Cline said HB 1705 and the proposed federal ATF regulations are riddled with flaws that the NRA cannot support.

“HB 1705 will do nothing to keep weapons out of the hands of those who shouldn’t have them,” she said. “Instead, this bill threatens to turn thousands of Washingtonians into criminals overnight.”

Painting this false reality in Washington aligns the state with nationwide gun control groups attempting to dismantle the Second Amendment, Cline said. The proposed legislation infringes the centuries-old tradition of manufacturing homemade firearms for self-defense, she added.