City of Fayetteville
File #: 25-4414    Version: 2 Name:
Type: Consent Status: Agenda Ready
File created: 1/3/2025 In control: City Council Regular Meeting
On agenda: 1/13/2025 Final action:
Title: Adoption of Resolution in Support of Ghost Gun Regulation
Attachments: 1. Ghost Guns Proposed Resolution
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TO:                                            Mayor and Members of City Council

THRU:                      Douglas Hewett, ICMA-CM, City Manager

 

FROM:                     Lachelle Pulliam, City Attorney

Jodi W. Phelps, Assistant City Manager

                                          

DATE:                      January 13, 2025

 

RE:

Title

Adoption of Resolution in Support of Ghost Gun Regulation                      

end

 

COUNCIL DISTRICT(S):                      

Council District(s)

All                     

 

 

b

Relationship To Strategic Plan:

This item supports the City Council’s Strategic Plan Goal I: Safe and Secure Community. 

 

Executive Summary:

Each year, the Council, with input from staff and consultants, develops an action agenda focused on advancing its strategic goals through the state and federal legislative process, guiding Council’s advocacy efforts. For 2025, a legislative and policy priority affirmed by Council’s adoption of the action agenda is to advocate for the regulation of ghost guns.

 

With the Council’s adoption of the attached resolution supporting regulating ghost guns in North Carolina, a formal request can be shared with the delegation and relevant agency staff members requesting their support of any proposed legislation.

 

Background: 

Ghost Guns Overview

Ghost guns are unserialized and therefore untraceable firearms assembled from components purchased as kits or individual parts. These fully functioning firearms are constructed using unfinished frames or receivers-the core components containing the operating parts of the firing mechanism. While federal law regulates finished frames and receivers, historically, unfinished versions have remained unregulated. This means they can be sold without background checks or serialization, leaving law enforcement unable to trace the origin of such firearms when recovered at crime scenes. These unfinished components can be easily completed and assembled into functioning firearms.

In 2022, a federal rule aimed to curb the spread of ghost guns by requiring serialization, sales through licensed dealers, and background checks for ghost gun kits and certain parts. However, the Supreme Court is currently reviewing Garland v. VanDerStock, a case that could overturn the 2022 rule, impacting federal regulation of ghost guns.

State-Level Action

In response to the growing concern, over 16 states have proactively passed laws to ban or regulate ghost guns. These measures address ghost gun loopholes by prohibiting the manufacture, assembly, import, purchase, sale, and possession of unserialized frames, receivers, and firearms. Such legislation has the potential to reduce gun violence significantly, protecting cities and communities from the harm caused by untraceable firearms.

 

 

Issues/Analysis: 

Consistent with the direction of Council through the adoption of the 2025 State Action Agenda, the attached draft Resolution in Support of Ghost Gun Regulation aims to encourage legislators to adopt comprehensive laws and regulations aimed at restricting the manufacture, sale and possession of ghost guns including the following actions:

 

1.                     Requiring serial numbers on all firearm parts and kits;

2.                     Expanding background checks to cover parts and kits that can be assembled into firearms;

3.                     Mandating that ghost guns are subject to the same regulations as traditional firearms; and,

4.                     Increasing penalties for the illegal manufacture, distribution, or possession of ghost guns.

 

 

 

Budget Impact: 

N/A

 

 

Options

1.                     Adopt the Resolution and direct staff to prepare a formal request for our legislative delegation to consider.

2.                     Request staff provide additional options and information for consideration.

3.                     Do not adopt the Resolution and take no further action.

 

 

 

Recommended Action: 

Adopt the Resolution and direct staff to prepare a formal request for our legislative delegation to consider.

 

 

Attachments:

 Ghost Guns Proposed Resolution