PHILADELPHIA (KYW Newsradio) — Pennsylvania’s high court is evaluating whether or not Philadelphia’s ban on ghost guns violates state law. The state Supreme Court justices listened to arguments from the city and a pro-gun group on Tuesday.
An attorney for the group Gun Owners of America said the city ordinance banning untraceable “ghost” guns is unlawful because it violates Section 6120 of the Pennsylvania Constitution, which says local governments cannot regulate “in any manner” the ownership, possession, transfer or transportation of firearms.
Justices questioned where manufacturing fell under that law. They seemed to suggest their argument was more geared toward a violation of the Second Amendment, and it was a question for the U.S. Supreme Court.
They also noted that firearms legally must have a serial number so they can be traced through sales and transfers by the ATF.
Ghost guns, or privately manufactured firearms, were banned by Philadelphia City Council in 2021, in part because of the record-high levels of homicides and shootings during the pandemic and the immediate aftermath. Council specifically targeted firearms made by 3D printers and kits.
The justices seemed to note that the word “manufacturing” does not appear in the state law.
They also peppered the city’s lawyer with questions, specifically about the ordinance’s phrasing regulating the process, tools, kits and parts of how a firearm can be made.
The state’s high court is expected to spend the next few months contemplating both sides before making a decision.