Guest column: Why the ghost gun loophole must be closed

Last April, a 32-year-old man was arraigned on one count of murder and four counts of attempted murder after he gunned down five people in what police describe as an unprovoked attack carried out with a 9mm “ghost gun.” The gunman is a convicted felon barred by law from owning firearms. But that criminal record didn’t stop him from getting his hands on an untraceable ghost gun and perpetrating a deadly mass shooting in the San Diego Gaslamp District.

The 28-year-old victim, Justice Boldin, who died in that shooting is a tragic example of the scary reality of ghost guns and the absurd loopholes in our gun safety laws that have allowed these untraceable, non-serialized firearms to spread. That’s why I authored the Eliminate Non-Serialized Untraceable Firearms (ENUF) Ordinance — to stop the proliferation of untraceable, non-serialized firearms and the deadly violence they cause in our communities.

San Diego City Councilwoman Marni von Wilpert

(Courtesy photo)

Ghost guns, sometimes referred to as do-it-yourself-guns, are homemade, personally manufactured guns that lack commercial serial numbers and can easily become untraceable due to the lack of identifying markings. People who are prohibited from lawfully possessing guns can avoid background checks by legally purchasing the unfinished parts of a gun, such as unfinished gun frames or receivers, and assemble an unregistered ghost gun at home.

These gun kits are sold by manufacturers, secondary retailers and internet websites, and are specifically designed and marketed for the purpose of avoiding background checks, waiting periods and all other gun violence prevention laws. Once in possession of the gun kit, there are numerous websites and videos online that explain how to complete the assembly process with minimal effort. Unregulated ghost guns undermine federal and state laws that would normally block access to guns by people who pose danger to our communities — including violent criminals, domestic abusers, individuals suffering from mental illness and terrorists.

In response to the shooting in the Gaslamp and the rise of gun violence in our communities, I introduced the ENUF Ordinance to close the ghost gun loophole in the City of San Diego. It passed the final vote on Tuesday and will become law 30 days after being signed by Mayor Todd Gloria. This new city ordinance will prohibit the sale and possession of a non-serialized frame or receiver, which are the unregulated gun parts that allow dangerous or mentally ill individuals to easily and legally access the parts needed to assemble a functional, untraceable firearm at home, including AR style rifles.

The goal of the ENUF Ordinance is not to add significant amounts of jail time for individuals, or to prevent law abiding citizens from having or building a registered firearm. The ENUF Ordinance is about stopping this problem at the source: preventing the non-serialized gun kits from even being sold in San Diego in the first place. By requiring the unfinished frames/receivers to come with a serial number before they are sold, the goal of the ENUF Ordinance is to treat gun kits just like a fully-finished gun, so that the regulations that apply to guns will apply to gun kits.

California law allows lawful gun owners to personally manufacture guns if they obtain a serial number from the California Department of Justice and affix it to their firearm. By requiring a serial number to be affixed to an unfinished frame or receiver prior to purchase, the ENUF Ordinance will eliminate the need for lawful gun owners to go through this step, but will prohibit criminals, terrorists and the mentally ill from obtaining parts that are non-serialized.

The State of California and the United States Congress ultimately need to act to close the ghost gun loophole and help keep illegal guns off our streets, but we cannot wait for them to take comprehensive action on this issue. City governments must lead in the fight against gun violence. The ENUF Ordinance will give local law enforcement another tool to prevent guns from getting into the wrong hands and is tailored to be consistent with current and future state and federal laws while addressing existing loopholes.

I am proud that my San Diego City Council colleagues voted to enact the ENUF Ordinance to prevent gun violence in our communities. I hope it inspires San Diego’s regional municipalities, the State of California and ultimately the federal government to act to close the ghost gun loophole once and for all.

Until then we just can’t afford to wait.

Von Wilpert has represented District 5 on the San Diego City Council since December 2020. The district includes Rancho Bernardo.