Guest Post: The Debate on 3D Printed Guns

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Op-Ed

If you’ve been paying any attention to the news at all in recent weeks, you’ve no doubt heard about the controversial subject of 3D printed guns. 3D printed guns are indeed exactly what they sound like: a gun that can be downloaded and assembled using a 3D printer and the right materials.

In this article, we’ll provide you with an overview of what 3D printed guns are, what the legal issues are surrounding them, the concerns people have, and the action that Congress has taken so far in response to them.

What Exactly Are 3D Printed Guns?

3D printed guns are indeed guns that can be made from a 3D printer, using files that are downloaded online. But still, there’s just a little more to it than that. To be more specific, you can’t simply download a gun’s plans online and then literally print out the gun using your 3D printed gun. Rather, you have to download the schematics for the parts of the gun and then print out each individual part for you to assemble on your own.

Even though most 3D printed guns are built out of plastic, they are nonetheless capable of firing normal rounds. That being said, 3D printed guns also require some metal components, including a metal firing pin and a six-ounce metal piece that enables the guns to be detected by metal detectors (and remain in compliance with current United States law, which we’ll get to later.

One of the most prominent 3D Printed guns is called the Liberator, a single shot .380 ACP pistol that is named and based after the FP-45 Liberator pistol that was used in World War II (only that gun was chambered for the .45 ACP round). The Liberator is just about as close to a truly plastic gun as you can get, even though it still requires a metal firing pin.

A Brief History of the Development and Controversy of 3D Printed Guns

3D printed guns first became a thing in 2012 when the company Defense Distributed announced that they would release plans to design plastic guns that could be reproduced by those who own or have access to a 3D printer. They then began producing a number of magazines and lower receivers that could be 3D printed, including ones for a number of popular existing guns like the AR-15 and the AK-47.

Their first design of a completed blueprint was released in mid-2013, and the U.S. Department of State demanded that the designs be removed from their website as a violation of the Arms Export Control Act. Cody Wilson, the founder, and owner of Defense Distributed, proceeded to sue the government on the grounds that this free speech was being violated.

In 2018, following the replacement of Barack Obama by Donald Trump as President of the United States, the Department of Justice elected to settle with Wilson, and in effect acknowledged his legal right to publish the blueprints and instructions for 3D printable guns online. Then, in May of 2018, the subject of 3D printed guns received national attention when a Seattle U.S. District Judge named Robert Lasnik issued a restraining order to halt the plans to release the designs of 3D printed guns online by Cody Wilson, who is the owner of the company Defense Distributed.

What Does The Law Say?

What does the current United States Federal law have to say about 3D Printed guns?

There are few specific Federal laws that have a direct on 3D printed firearms.  The first is the Undetectable Firearms Act, passed into law by President Ronald Reagan in November of 1988, that requires all firearms manufactured, imported, shipped, delivered, transferred, possessed, received, and sold in the United States to be able to be detected by a metal detector. It is for this reason that 3D printed guns are required to have a metal component within them in order to make them detectable by metal detectors, such as the metal firing pin present in the Liberator .380 pistol.

Even though the Undetectable Firearms Act expired in 1998 as a result of a ten year sunset clause, the bill was renewed for five years in 1998 and then again for 10 years in 2003, before being renewed for another 10 years in 2013, meaning that the law will be set to expire in 2023 unless if it is renewed again.

What Are The Concerns Some People Have In Regards To 3D Printed Guns?

It’s easy to see how the mere concept of 3D printed guns has naturally caused concern in many folks, including those across the political spectrum. One of the concerns is the fact that the guns can be, theoretically speaking, untraceable and undetectable by metal detectors. For example, the Liberator .380 pistol is a completely plastic handgun with the exception of the metal firing pin.  But this pin can be removed from the handgun and then stashed elsewhere and easily hidden, which is why some people are concerned that the handgun could be easily brought onto planes.

And since 3D printed guns lack serial numbers, it would be very difficult to track them should they be used in crimes (not to mention that they can be much more easily destroyed than metal guns as well).

Finally, 3D printed guns do not require the possessor to undergo a Federal background check, as background checks only apply to commercial firearms sold at dealers, and not to those that are built or sold by private parties.

How Has Congress Responded?

The only official action that the United States Congress has taken in regards to 3D Printed guns is to renew the Undetectable Firearms Act for ten years in 2013, which we discussed previously.

This requires all firearms to contain a minimum of 3.7 ounces of steel, meaning that they can then be detected by metal detectors. That being said, members of Congress did attempt to take further action after 3D printed guns became a nationally recognized issue. For example, Senator Bill Nelson of Florida introduced the Untraceable Firearms Act and the 3D Printed Gun Safety Act.  The bills would make it illegal for a person to publish a digital file online to program 3D printer to manufacture firearms.

The bill, however, was stopped by Senator Mike Lee of Utah after he objected when Senator Nelson called for unanimous consent on the bill.

Conclusion

In conclusion, only time will tell where 3D Printed guns are headed.  There’s no denying that the issue is here to stay, but questions remain as to what action Congress will take, or if public opinion will be swayed one way or another, and how popular they will become among gun owners.

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