3-D PRINTING FIREARMSMARIA C. BUGGE

WHAT IS 3D PRINTING?

• Additive manufacturing, using computer-aided design programs

(CADs) (Lewis, 2014)

• “Process of joining materials to make objects from 3D model data,

usually layer upon layer, as opposed to subtractive manufacturing

methodologies.” (Johnson, 2013)

• Potential to change industry, new platform for creativity!

• Or.. Unleashing unregulated deadly weapons.

“Pandora’s Box”?

DEFENSE DISTRIBUTED

• Formed in 2012 by Cody Wilson (age in mid 20s)

• A nonprofit that advocates anti-monoplastic digital publishing

• “Wiki Weapon” is their term for 3D printed weapons.

• “Representing total liberation of access to firearms” (Johnson,

2013).

https://defdist.org/

CODY WILSON

• Argues for the Second Amendment.

• Argues that everyone “just should” have access to CAD files for printable guns

• Launched “DefCad” website that allows the sharing of files, with the most downloaded item being gun models.

• Says he’s a “libertarian by nature”, “proving a political point”. (Lewis, 2014)

• Argues that he has “never stated any violent or malicious intentions. Rather he seeks to find the boundary of the law.” (Lewis, 2014)

• Fails to see the potential harm Defense Distributed could cause.

GUN REGULATIONS TODAY• Today, the ATF is primarily responsible for enforcing federal firearms laws.

• Gun Control Act (GCA, 1968)

• Defines a Title I-class weapon, regulates interstate commerce of firearms requiring a Federal Firearms License (FFL).

• “An individual is free to craft such weapons without prior permission.” (Johnson, 2013)

• National Firearms Act (NFA)

• Handles Title II-class weapons, which are imposed with a statutory excise tax in order to be possessed, they can be created but only with an approved ATF Form 5320.1 (Application to Make and Register a Firearm). (Johnson, 2013)

• Undetectable Firearms Act (UFA, 1988)

• Came as a response to the birth of Glock 17

• Illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive a firearm that is not detectable by a walk-through metal detector

• Or any firearm with major components that do not generate an accurate image on standard airport imaging technology. (Lewis, 2014)

2013

• March: ATF approved Wilson for a Type 7 FFL.

• Permitting him to manufacture plastic guns for sale.

• May: Defense Distributed unveiled “The Liberator”

• First functioning 3D printed plastic gun (minus the firing pin).

• November: City Council of Philadelphia was the first to react to “The Liberator”, issuing an ordinance:

“No person shall use a three-dimensional printer to create any firearm, or any piece or part thereof, unless such person possesses a license to manufacture firearms under Federal Law, 18 U.S.C. 923 (a).” (Lewis, 2014)

THE LIBERATOR

Image courtesy of 3dprint.com

2016

• Wilson and Defense Distributed created plans for a 3D printable AR-15

semi-automatic rifle.

• DD has also created a CNC mill, the Ghostgunner, in order to manufacture

metal assault rifle parts.

“I promise you the reason you haven’t seen this yet is

because it has been artificially delayed. I would have

demonstrated this for you if I was allowed to. I am

fighting my fight with the government but we have a whole

new range of things” –Cody Wilson (Molitch-Hou, 2016).

Image of the lower receiver of an AR-15, CNC’dwith the Ghostgunner. Image courtesy of 3dprintingindustry.com

https://www.youtube.com/watch?v=bjasSGZd40s

SECOND AMENDMENT

“ ‘A well regulated Militia, being necessary to the security of a

free State, the right of the people to keep and bear Arms, shall

not be infringed’ ” (Johnson, 2013).

DC V. HELLER (2008)

• Heller argued that the Second Amendment protected an individual right “to possess a firearm unconnected with service in a militia, and to use that are for traditionally lawful purposes, such as self-defense within the home” (Johnson, 2013).

• Government’s argument was that it protected a collective right to bear arms “in connection with militia service” (Johnson, 2013).

• Conclusion: “..individual self-defense is the ‘central component’ of the Second Amendment right” (Johnson, 2013).

• McDonald v. City of Chicago made this statement applicable to states and local government.

FOURTH AMENDMENT

• “ ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized’ ” (Johnson, 2013).

• Warrant requirement and the exclusionary rule are the two basic components.

• Must obtain a warrant before conducting a search. And the government is prevented from using most evidence gathered in violation of the US Constitution.

• Exceptions: Stop & Frisk, Search Incident to Arrest, Exigent Circumstance.

ISSUES & CONSIDERATIONSISSUE CONSIDERATION

Don’t need an FFL if making a gun for private use, as opposed to being a gunsmith. Therefore, the creation of 3D printed gun wouldn’t be illegal.

Is a 3D printed firearm classified as Title I-class under GCA or Title II-class under NFA? If Title I, the gun would require no paperwork/permission. If Title II as an AOW, it would require registration.

It’s suggested that a 3D printed gun would fall under the UFA law.

UFA has many exceptions, which could turn into a loophole.

If there are possible loopholes to the UFA law…

NY Congressman Steve Israel proposed the bill of “Undetectable Firearms Modernization Act”. Not yet passed* (Lewis, 2014).

Making and Possessing such dangerous weapons

Criminalize the making and possession of 3D printed guns, or just ban all-plastic 3D guns (updating the UFA), or just ban guns made with certain materials or processes…? (Johnson, 2013)

Prohibited Individuals Making and Possessing such dangerous weapons

Criminalize criminals, like convicted felons, reducing the likelihood that these

*Note: NRA says it would not support any additions to the UFA law.

The Second Amendment acknowledges one set of rights, yet it

may come at the expense of another- security and privacy under

the Fourth. 3D printing will test this tension. Which Amendment

will suffer? The conversation dealing with 3D printed firearms

and the rights of American citizens has quieted, probably a little

too much. It is quite possible that this topic will not be awoken

until a catastrophic event occurs causing Americans to take an

aggressive stand on the issue.

REFERENCES

• Anne Lewis. (2014) The Legality of 3D Printing: How Technology Is Moving Faster Than the Law, 17 TUL. J. TECH. & INTELL. PROP.

• Jean-Yves Meyer (2013) The Basin of the Danaides: How 3-D Printing Will Push the Limits of International Gun Control and Digital Freedom of Speech in the Twenty-First Century. 41 DENV.J.INT‘LL. & POL‘Y.

• Julian J. Johnson. (2013) Print, Lock and Load: 3-D Printers, Creation of Guns, and the Potential Threat to Fourth Amendment Rights, U. ILL. J.L. TECH. & POL’Y.

• Molitch-Houe, M. (2016, January 25). Cody Wilson Hints the Release of 3D Printable AR-15. In 3D Printing Industry. Retrieved from http://3dprintingindustry.com/2016/01/25/65362/

• Rory K. Little (2014) Symposium, Guns Don’t Kill People, 3D Printing Does? Why the Technology Is A Distraction from Effective Gun Controls, 65 HASTINGS L.J.