Court victory legalizes 3D-printable gun blueprints

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Court victory legalizes 3D-printable gun blueprints

Postby High Power » Wed Jul 11, 2018 6:31 am

From the article:
What does this mean? It means that a 3D model that can be used to print the components of a working firearm is legal to own and legal to distribute. You can likely even print it and use the product — you just can't sell it. There are technicalities to the law here (certain parts are restricted, but can be sold in an incomplete state, etc) but the implications as regards the files themselves seems clear.

Gun control advocates will no doubt argue that greater availability of lethal weaponry is the opposite of what is needed in this country. But others will point out that in a way this is a powerful example of how liberally free speech can be defined. It's important to note that both of these things can be true.


Now that people can legally 3-D print their own firearms the anti-gunners will try to ban or limit the possession of the 3-D printers.

Story here: https://finance.yahoo.com/news/court-victory-legalizes-3d-printable-231943763.html
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Re: Court victory legalizes 3D-printable gun blueprints

Postby JustaShooter » Wed Jul 11, 2018 8:50 am

What does this mean? It means that a 3D model that can be used to print the components of a working firearm is legal to own and legal to distribute. You can likely even print it and use the product — you just can't sell it. There are technicalities to the law here (certain parts are restricted, but can be sold in an incomplete state, etc) but the implications as regards the files themselves seems clear.


Pretty sure this is inaccurate. As I understand it you would be able sell it - you just can't make it with intent to sell, just like a completed AR made from an 80% lower, etc.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby catfish86 » Thu Jul 12, 2018 8:48 am

I am thinking that makes perfect sense as to the government agreeing to allow the files to be distributed and sold, for buyers to make the guns for personal use but not to make them for sale. A lot of fine lines involved here. Not saying it is right but it makes sense as a compromise of people worried that the judge's opinion would be worse than the settlement.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby High Power » Thu Jul 12, 2018 1:39 pm

I'm too lazy to look up the statute now. However, it has always been my understanding that a person could make his or her own firearm but just could not sell it unless they were a licensed manufacturer; class III weapons excluded.

If I'm wrong, I'd like to know.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby JustaShooter » Thu Jul 12, 2018 6:58 pm

High Power wrote:I'm too lazy to look up the statute now. However, it has always been my understanding that a person could make his or her own firearm but just could not sell it unless they were a licensed manufacturer; class III weapons excluded.

If I'm wrong, I'd like to know.

Near as I can tell (IANAL, etc.) as long as you didn't make it with intent to sell (or for that matter, give), and you aren't "engaged in the business" of making and selling firearms you can sell firearms you've made - the only thing that seems a little unclear is whether or not you are required to serialize it.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby JimE » Thu Jul 12, 2018 7:19 pm

I have to look it up, but I don't believe you can sell it without a serial number.
You also have the issue of the FET under the Pitman - Robinson Act.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby bignflnut » Fri Jul 13, 2018 1:53 pm

"I barely put a million bucks into this and I got you the Second Amendment forever," he boasted to The Daily Wire in a phone interview. "What has the NRA done for you lately?"

Due to the terms of the surprising settlement of the United States government, Wilson can begin posting his open-source technical data, including files for every gun up to .50 caliber available through commerce, on July 27. An irrevocable content dump, according to Wilson, which renders gun control efforts increasingly futile.

Moreover, in the settlement, "the government expressly acknowledges that non-automatic firearms up to .50-caliber – including modern semi-auto sporting rifles such as the popular AR-15 and similar firearms – are not inherently military," notes a press release from the Second Amendment Foundation.


#THATSRIGHT!
Some three years later, Wilson’s stamina and "stupid, stubborn will" won out; the Department of Justice reached a settlement agreement in April, which was formalized in June. State abandoned their position and served up a huge First and Second Amendment win. "Not only is this a First Amendment victory for free speech, it also is a devastating blow to the gun prohibition lobby," said Alan M. Gottlieb, founder and executive vice president of the Second Amendment Foundation.

To Wilson, this is the "hardest backstop" yet to the Second Amendment, and the final nail in the gun control coffin.


"I’d call a militia out to defend the server, Bundy-style," said Wilson, referencing the Bundy family cattle ranches who took on the feds in 2014. "Our only option was to build an infrastructure where we had one final suicidal mission, where we dumped everything into the internet."

One thing is clear, the Second Amendment and the global right to self-defense is more enshrined today than it was mere months ago because of Wilson’s radical, and perhaps irrational, dedication.


Cody Wilson, American Hero.
July 27th should be a national holiday, in his name or honor!
All because he wasn't going to compromise!
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Re: Court victory legalizes 3D-printable gun blueprints

Postby schmieg » Fri Jul 13, 2018 2:50 pm

July 27 is Korean War Veterans' Day.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby bignflnut » Fri Jul 13, 2018 3:11 pm

I guess they're not going to drop the data until 8/1...so...make THAT a national holiday.

Defense Distributed relaunchesDEFCAD after reaching a settlement agreement with the US Department of State, concluding a multi-year federal lawsuit. The age of the downloadable gun formally begins.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby High Power » Fri Jul 13, 2018 10:06 pm

bignflnut wrote:I guess they're not going to drop the data until 8/1...so...make THAT a national holiday.

Defense Distributed relaunchesDEFCAD after reaching a settlement agreement with the US Department of State, concluding a multi-year federal lawsuit. The age of the downloadable gun formally begins.

Watch for a bunch of anti-gun SJW heads to explode. David Hogg is going to whine like a scalded cat.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby bignflnut » Mon Jul 16, 2018 8:19 am

High Power wrote:Watch for a bunch of anti-gun SJW heads to explode. David Hogg is going to whine like a scalded cat.


I can't imagine how many cyber attacks they're going to suffer. How many backup servers need to be in reserve?
The data dump is going to be tremendous. Hopefully there will be multi terabyte drives available at gun shows across the nation.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby Bruenor » Wed Jul 18, 2018 5:26 am

bignflnut posted this quote earlier, about the firearms not being inherently military, probably one of the biggest wins for this case. nice to see Cody got attorney fees, and registration dues back as well.

https://www.saf.org/doj-saf-reach-settl ... d-lawsuit/
Under terms of the settlement, the government has agreed to waive its prior restraint against the plaintiffs, allowing them to freely publish the 3-D files and other information at issue. The government has also agreed to pay a significant portion of the plaintiffs’ attorney’s fees, and to return $10,000 in State Department registration dues paid by Defense Distributed as a result of the prior restraint.

Significantly, the government expressly acknowledges that non-automatic firearms up to .50-caliber – including modern semi-auto sporting rifles such as the popular AR-15 and similar firearms – are not inherently military.

“Not only is this a First Amendment victory for free speech, it also is a devastating blow to the gun prohibition lobby,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “For years, anti-gunners have contended that modern semi-automatic sport-utility rifles are so-called ‘weapons of war,’ and with this settlement, the government has acknowledged they are nothing of the sort.


Congrats to Cody Wilson and the Second Amendment Foundation
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Re: Court victory legalizes 3D-printable gun blueprints

Postby JediSkipdogg » Wed Jul 18, 2018 6:23 am

JimE wrote:I have to look it up, but I don't believe you can sell it without a serial number.
You also have the issue of the FET under the Pitman - Robinson Act.


Federal law has nothing about serial numbers unless again, one is in the business to manufacture firearms. Business does include making a firearm (such as an AR) for your wife, husband, child, partner, boss, etc.

So you can transfer it to someone else later on. The issue is it cannot go through an FFL as for a firearm to go through them, it must have a serial number.

Now, where it gets really confusing is on state law. 2923.201 makes it illegal to possess a defaced firearm (aka one where the serial number has been removed.) How many LEO know a serial number is not required? Probably not many. They would assume a really good job was done to remove it and then you'd be stuck in court proving you never put one on there to begin with. Yup, the ole guilty till proven innocent.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby JimE » Wed Jul 18, 2018 5:56 pm

No, you may not transfer a non-serialized firearm or firearm receiver or frame. ( Completed, not the 80% ones)
Once you transfer, you are considered a manufacturer, and that transfer has to follow the law concerning the identification and transfer records of the firearm.

David Cordea just published a very good article on this at Ammoland. https://www.ammoland.com/2018/07/compan ... it-classes
In the ATF ruling he mentions (ATF 2015-1) and all the relevant sections which govern manufacturing & markings are listed in the ruling.
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Re: Court victory legalizes 3D-printable gun blueprints

Postby JediSkipdogg » Wed Jul 18, 2018 6:12 pm

JimE wrote:No, you may not transfer a non-serialized firearm or firearm receiver or frame. ( Completed, not the 80% ones)
Once you transfer, you are considered a manufacturer, and that transfer has to follow the law concerning the identification and transfer records of the firearm.

David Cordea just published a very good article on this at Ammoland. https://www.ammoland.com/2018/07/compan ... it-classes
In the ATF ruling he mentions (ATF 2015-1) and all the relevant sections which govern manufacturing & markings are listed in the ruling.


You are forgetting a key word in all that...

provided that he/she/it has no intent to sell or distribute it


Intent is huge. If you take out the word intent, then almost all FFL laws would apply to anyone that transfers a firearm to another person.
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