woodbutcher

Government Drops Prohibition on Files for 3D Printed Arms

28 posts in this topic

We're again free to share CNC command files for making our very own, homemade banana assault ghostguns.  :cool:  Yee Haa!

 

https://reason.com/volokh/2018/07/10/us-government-drops-prohibition-on-files

Quote

Last week the U.S. Department of Defense and U.S. Department of State settled a lawsuit and agreed to end their prior restraint of distribution of computer files for the production of 3D printed firearms.

The "International Traffic in Arms Regulations (ITAR)" are a collection of regulations covering the export of military weapons from the United States. The regulations are based on the 1976 Arms Export Control Act. The ITAR export controls apply to all arms on the U.S. Munitions List ["USML"], which is created by the State Department. An ITAR export permit costs at least $2,250 annually. Starting in 2012, the Department of Defense issued regulations asserting that many U.S. gunsmiths are required to obtain ITAR export permits even if they never export anything. Details are available on the website of Prince Law Offices, P.C., which specializes in firearms commerce regulation.

Under the Obama administration, the U.S. Munitions List grew to include many ordinary firearms, as well as the computer files for 3D printing of ordinary firearms. In 2015, a lawsuit against the ban on distributing 3D printing files within the U.S. was brought by the Second Amendment Foundation (a civil rights litigation organization) and by Defense Distributed (a producer of 3D printing files). Plaintiffs' attorneys included Alan Gura (winner of the Heller and McDonald cases) and Josh Blackman (law professor at South Texas College of Law). ( NRA nowhere to be found. Again) There were many arguments in the case, but the principle one was that ban constituted a prior restraint of speech, contrary to the First Amendment.

The U.S. government prevailed in the District Court, and before a Fifth Circuit panel. A petition for rehearing en banc was rejected by a 9-5 vote. Fifth Circuit Judges voting to grant the petition were Jones, Smith, Clement, Owen, and Elrod. Voting against the petition were Stewart, Jolly, Dennis, Prado, Southwick, Haynes, Graves, Higginson, and Costa. In January 2018, the U.S. Supreme Court denied the petition for certiorari. Documents in the case are available here...

 

...Under today's settlement agreement, plaintiffs and others may freely publish 3D printing instructions for firearms that are not covered under ITAR. Restrictions on distribution of 3D printing information for items that are still under ITAR, such as machine guns or rifles over .50 caliber, remain in place.

 

Edited by woodbutcher

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Big win for this young man. Quite an impact.

 

It is my hope my  federal lawsuit has a similar impact upon gun rights. 

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3 hours ago, Flybyme said:

Have one in my office, we blew the second one up. Get some photos when I go in tomorrow.

If you don't already have a set, the command files for your CNC should now be readily available online and legal to download. 

 

Does this qualify for #winning ?

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I think you may be missing a deeper impact on this: If these designs, and the underlying rifles that can be built for them, are no longer subject to ITAR and regulated as if military weapons, any future suit or legislation which calls them "weapons of war" or "military" arms will run counter to current US Government policy. 

 

As Josh Blackman explains:

 

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.

 

“Under this settlement,” he continued, “the government will draft and pursue regulatory amendments that eliminate ITAR control over the technical information at the center of this case. They will transfer export jurisdiction to the Commerce Department, which does not impose prior restraint on public speech. That will allow Defense Distributed and SAF to publish information about 3-D technology.”

 

......

 

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And thus starts another really bad poopy crappy day for the Democrat.  

 

Its like Obama was walking through the kitchen, and part of his shirt snagged on the cabinet, and he kept walking, and his entire being is unraveling on the ground.

 

Its just plain delicious.

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8 hours ago, woodbutcher said:

If you don't already have a set, the command files for your CNC should now be readily available online and legal to download. 

 

Does this qualify for #winning ?

Ours fired 380 ACP.

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6 hours ago, tomkaz said:

I think you may be missing a deeper impact on this: If these designs, and the underlying rifles that can be built for them, are no longer subject to ITAR and regulated as if military weapons, any future suit or legislation which calls them "weapons of war" or "military" arms will run counter to current US Government policy. 

 

1 hour ago, Little said:

And thus starts another really bad poopy crappy day for the Democrat.  

 

Its like Obama was walking through the kitchen, and part of his shirt snagged on the cabinet, and he kept walking, and his entire being is unraveling on the ground.

 

Its just plain delicious.

 

9 hours ago, woodbutcher said:

Does this qualify for #winning ?

I'll take that as a "yes".

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13 mins ago, Gotcow? said:

Ouch!

That's going to leave a mark.     :D

Who needs the dimunitive 380 when you can carry the man-destroying .410 ?

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19 mins ago, christopherr said:

Lol

I had bought a SIG P232 in .380 for my bride. Really stiff action, even for me. Her arthritis made it that much more difficult to work the slide. Ended up selling it with about 50 rounds through it and got her a snubbie 38sp. Lower capacity but no issues with arthritis and actions....

Edited by tomkaz

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