You Can't Print a Gun If You Have No 3D Printer 632
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by
timothy
from the big-conspiracy-or-small-minds dept.
from the big-conspiracy-or-small-minds dept.
FatLittleMonkey writes "You may recall Cody Wilson's project to create a 3D printed gun, mentioned previously on Slashdot. Well, the Defense Distributed project has suffered a decidedly non-technical setback, with printer manufacturer Stratasys revoking the lease and repossessing the printer (presumably prying it from plastic models of Cory's cold dead hands). According to New Scientist, the manufacturer cited his lack of a federal firearms manufacturer's license as their reason for the repossession, adding that it does not knowingly allow its printers to be used for illegal purposes." Homemade firearms are not (in the U.S.) per se illegal on a federal basis, though states have varying degrees of regulation. It would be helpful if anyone more conversant with firearms law than me can point out what law or laws this project might be breaking.
Re:Need federal license (Score:5, Informative)
Re:Need federal license (Score:5, Informative)
False:
Q: Does the GCA prohibit anyone from making a handgun, shotgun or rifle?
With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for a Federal or State agency.
[18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]
http://www.atf.gov/firearms/faq/general.html#gca-manufacturing [atf.gov]
Re:Politics (Score:5, Informative)
Thing is, federal firearms laws are mostly about the sale of firearms. You can make them for your own use all day long and not break the federal law. But if you plan to sell them, you need to get serial numbers for them. And for that you need to register.
Re:Overreaction. (Score:5, Informative)
An automatic rifle is not a machine gun according the the law, afaik. They are a separate class of weapon.
I believe that an "automatic rifle" means an auto-loading rifle which is the technical term for a "semi-automatic" weapon - i.e. the vast majority of rifles legally sold for civilian use in the modern area.
A "machine gun" is a fully automatic weapon and those are illegal for private individuals to own, period, unless they're made before 1986 and you've paid for a Federal "tax stamp," which I believe is $200 (I imagine they're still illegal for private citizens to own in certain jurisdictions; obviously, Kalifornia comes to mind). Corporations as well as certain manufacturers and dealers, however, can own fully automatic weapons made after 1986 but obviously certain rules apply.
The technical term for a "sawed-off" shotgun is an SBS (short-barreled shotgun) which is a smoothbore longarm with a barrel less than 18" in length (or, I believe, a total length - including the stock - of less than 26"). These also require a $200 "tax stamp" to the Feds.
Here's some additional useful info, from here [comcast.net]:
"Sporting" Purposes
Here's where things get a little tricky. Some rifles, such as the Saiga line, are imported for sporting purposes in a particular configuration. Generally, that means that do not incorporate any of the "evil" features that are typically associated with so-called "semi-automatic assault weapons". Chapter 27 of the Code of Federal Regulations Section 478.11 defines these SAWs. You can read the law, here. Specific examples of these features include:
- High capacity (greater than 10 round for rifles, 5 rounds for shotgun) magazines
- Pistol grip attachment
- Folding buttstock
- Muzzle device/attachment (to include a threaded barrel capable of receiving a device)
- Bayonet lugs
If your rifle or shotgun incorporates those features, it no longer is considered "suitable for sporting purposes".
Assembling Semiauto Rifles and Shotguns
If your rifle or shotgun is subject to 922R, you must now make sure that it is in compliance with the regulations governing the assembly of semiautomatic rifles and shotguns. That is covered in Title 27 Chapter 1 Section 178.39. Click here to see the text of the law. It states :
(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.
Paragraph (C) defines the following parts as "countable" under the law:
(1) Frames, receivers, receiver castings, forgings or stampings *
(2) Barrels *
(3) Barrel extensions
(4) Mounting blocks (trunions) *
(5) Muzzle attachments *
(6) Bolts *
(7) Bolt carriers *
(8) Operating rods
(9) Gas pistons *
(10) Trigger housings
(11) Triggers *
(12) Hammers *
(13) Sears
(14) Disconnectors *
(15) Buttstocks *
(16) Pistol grips *
(17) Forearms, handguards *
(18) Magazine bodies *
(19) Followers *
(20) Floorplates *
These 20 items are referred to with the term "compliance parts". There are lots of other components that go into a weapon, but there are the only ones that count in terms of complying with the law.
Re:the message is clear: (Score:5, Informative)
> printer manufacturer Stratasys revoking the lease and repossessing the printer
Re:the message is clear: MAKE IT !!! (Score:4, Informative)
You can buy all the machine tools and heat treat ovens you need, 2nd hand, and make your own real guns.
Forget the RP printers...or if you want to play, just have an RP job shop make your parts.
Re:Politics (Score:5, Informative)
Actually, it's not...
As long as they are spec'd legal. They just cannot be transferred.
Re:Politics (Score:3, Informative)
[citation needed... either way]
Actually, no citation is required by law.
Re:Politics (Score:5, Informative)
BS.
Q: Does the GCA prohibit anyone from making a handgun, shotgun or rifle?
With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for a Federal or State agency.
[18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105] link [atf.gov]
Re:Politics (Score:3, Informative)
Building personal firearms is LEGAL in the US and in Canada. Its transferring the product which is a grey zone towards black zone. Unless you have a actual license to manufacture firearms, and/or in the case of Canada properly have it tested in the hands of the RCMP, its illegal to transfer it to anyone else.
It can be argued, that since the law says anything but a complete receiver (the only part legally a firearm in North America, in some other places the barrel is the one that is regulated such as in Germany), is legal to transfer, such as a raw casting that has had some work (typically the ones a machinist would require special tools for), but is not at the firing state yet (aka a 80% receiver), is legal to transfer from one individual to another without it being considered a firearm.
At that point, when the receiver itself, can legally be considered completed, as there is no other work to be done by the party using the 3D printer file, then it can be considered that the technology transfer took place regardless if you still need a 3D printer to print the receiver. Making the whole operation illegal.
Plus, printing off the lower receiver of a AR and making it out of plastic is the easy part, its the upper receiver that would not like being made that way. And legally they could make as many upper receivers as they want to, its not a restricted part, as again only the receiver that has the magazine well attached to it, is illegally the firearm in North America.
Re:Printing Money (Score:5, Informative)
Sure. You SAY it's not illegal. How confident are you in that? Are you willing to go to jail to get the opportunity to prove it?
I don't say it's not ilegal, 18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105 does.
Gun control law is illogical, inconsistent, and subject to huge penalties and stigmas (do you want 'arrested on weapons charges, 2012' on your resume, even if you are cleared?).
FYI, you are only legally required to list convictions on job applications.
There's a reason companys like eBay and craigslist shy away from allowing even very obviously legal items--even gun accesories like holsters--to be traded on their sites--our lords at the ATF have no sense of humor.
Well, you would have a point there, if your little anecdote had an ounce of truth to it. [ebay.com]
Re:Politics (Score:4, Informative)
Wikipedia's moderately bad article on point. [wikipedia.org].
Re:Overreaction. (Score:5, Informative)
In the context and the language of the time, ``well-regulated militia'' simply meant one trained to the firearm and other drills of the time.
Moreover, the membership of the militia is quite a bit larger than most people believe:
http://uscode.house.gov/download/pls/10C13.txt [house.gov]
The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a
declaration of intention to become, citizens of the United States
and of female citizens of the United States who are members of the
National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard
and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the
Naval Militia.
and just in case someone thinks there're weasel words in section 313 of title 32:
(a) To be eligible for original enlistment in the National Guard,
a person must be at least 17 years of age and under 45, or under 64
years of age and a former member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps. To be eligible for
reenlistment, a person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National
Guard, a person must -
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
William
Re:Politics (Score:2, Informative)
As for the 3-D printer pulling their lease, I understand that they would be concerned about liability, but I fail to see how they're going to insulate themselves from their customers' ability to "do bad things" with output from the machine. Will the next software update just print "ERROR - PC LOAD LETTER" on the display to prevent customers from possibly making something dangerous?
- Manager1: "Definitely no sharp edges
- Manager2: "No sharp corners, either."
- SwEng: "So round edges are okay?"
- Mnaager1: "Hmm, no. Can't allow anything that could be used as a projectile."
- SwEng: [sigh]
Re:Politics (Score:5, Informative)
"You're legal if you fill out BATFE Form 1 - Application to Make and Register a Firearm and pay the tax (which is really the core of the issue.) The home-made firearm must be properly marked, and it's yours forever. You may not sell it, give it away, etc. It must comply with a bunch of other rules too - not an automatic weapon, not a short-barrel shotgun, etc."
Parts of this statement are misleading, and parts untrue.
With a few exceptions, you do NOT need a Federal permit to manufacture a gun for personal use. Somebody quoted the ATF webpage above, where it clearly states that. (And I have seen legal analyses of that same page. The language may be a bit wonky but it still says you don't need a permit.)
True, you may not sell it or give it away.
"It must comply with a bunch of other rules too - not an automatic weapon, not a short-barrel shotgun, etc."
False. It need not necessarily comply. Again, the ATF's own statement says that "non-sporting" firearms (a sawed-off shotgun is a "non-sporting" firearm) can be manufactured for personal use. However, if it is an "NFA" firearm, THEN you must pay the tax and get a permit.
Re:Politics (Score:5, Informative)
Per the ATF: "For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a “firearm” as defined in the GCA for his own personal use, but not for sale or distribution."
http://www.atf.gov/firearms/faq/firearms-technology.html [atf.gov]
So as long as you make it for yourself and don't sell it or give it away, it's Federally legal.
Re:Printing Money (Score:4, Informative)
had their wives and dogs shot for allegedly cutting slightly too much off of a gun barrel (wiki:Randy Weaver).
Wow, is that an exaggeration if I ever heard one.
Randy Weaver was brought to the authorities' attention for selling sawed-off shotguns, yes. However (from Wiki...)
"This was compounded by Weaver's failure to appear in court to answer these charges. Weaver's original court date was Feb. 19 1991; it was changed to the following day, but Pretrial Services sent Weaver a notice citing the date as March 20. As a result, Weaver missed the hearing and a bench warrant was issued for his arrest, with the U.S. Marshals Service directed to serve it. By Feb. 27, it was widely known that Weaver had been given the wrong date. The U.S. Marshals Service wanted to allow Weaver the opportunity to show up in court on March 20, but the U.S. Attorneys Office sought a grand jury indictment on March 14 for Weaver's failure to appear. This convinced Randy and Vicki Weaver that he had no chance of a fair hearing."
Doesn't sound like a sawed-off shotgun is the reason his wife got shot. Never mind that a Justice Department review found Horiuchi's second bullet was fired unconstitutionally (the one that killed Vicki Weaver while she was holding her 10-month old daughter), and that deadly force policy was standardized across agencies in the aftermath of Ruby Ridge, so the likelihood of your wife getting shot for you selling a sawed-off shotgun is even lower today.
Re:Politics (Score:5, Informative)
It was tested.
When Glock first came out there were articles full of "The Plastic Pistol" that bad people would use to get past security.
The spring is big. the barrel is a very large chunk of metal that is hard to miss.
It is a bunch of people trying their best to scare you. That is all.
Re:Politics (Score:3, Informative)
It's fairly complicated, but essentially, if it is not a NFA weapon (suppressor, full automatic, short barreled rifle, short barreled shotgun or AOW) and not sold, firearms are legal to make for yourself. If your state allows, you can give away at $0 any handgun, rifle or shotgun. Without paperwork, licenses or anything. If you charge even a cent, it would be illegal. I would not recommend doing so without a lot of legal research. The BATFE does not have the kindest reputation. They can and will kill you over tax issues. Or economically destroy you, by "seizing potential evidence". Seriously, do not play games and know the law before doing anything. Federal, state AND local laws.
Also, while some states may or may not ban personal production of non-NFA weapons, such bans likely would not be considered legal under District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. Chicago, 561 US 3025 (2010). But you would have decades of legal battles to prove you were right and said state was wrong. The ban of personal production of NFA weapons for non-commercial purposes is likely still illegal and not Constitutionally protected, under Heller and McDonald.
Making your own beer or wine for noncommercial purposes is also legal, BTW.
Re:Politics (Score:4, Informative)
This is a regular issue. If you have a Type 1 FFL, you can sell firearms but not MAKE firearms. You need a Type 7 FFL to make and sell firearms. In addition, you must process FAET. That's the 10% Firearms and Ammunition Excise Tax, processed by the Alcohol and Tobacco Tax and Trade Bureau at the Treasury Department. The BATFE does not process FAET. Why, I have no idea.
So, if a gunsmith has a Type 1 FFL, he can legally make non-NFA weapons for personal noncommercial usage so long as he complies with State and Local law. But if he's intelligent, he goes to great lengths to very distinctively separate personal and business.
Firearm laws tend to be very complex. Add in a lot of case law (court decisions). Then add in subjective and changing BATFE determinations. Often, any combination of the above may be contradicting any combination of the above. It is very cumbersome.
Re:Printing Money (Score:5, Informative)
"Transferring a forging or casting that is so well dimensioned and therefore in a condition where it can be used without modification in a firearm is illegal. As its a completed receiver regardless if its been machined or not."
The problem with your argument is that a printer file is NOT a receiver.
It is only an engineering drawing converted to machine-readable format. It is nothing more than a description of the object, which is perfectly legal. You can transfer descriptions and engineering drawings and plans all day long. There is NOTHING illegal about it.
Further, it is nothing like having a complete receiver from a work standpoint. Far from it. You are actually manufacturing the entire thing.
Not just an analogy but a concrete example: I could send you a CNC file so that with the right machine, you could simply load the file and mill an entire receiver out of a block of aluminum. It doesn't matter that the machine is doing all the work! The work is still being done. You are manufacturing the entire piece.
Further, I don't even need to send you a CNC file. I can send you a CAD file -- an engineering drawing -- and you can convert it yourself with the proper software to CNC instructions.
There is nothing different about a 3D printer. It is simply a different method of manufacturing.
Re:Politics (Score:3, Informative)
There were issues with his wife inheriting the firearms. As you mentioned, the language is wonky. It wasn't clear if it was even legal for his lawyer to hold the firearms in probate until the matter was sorted. Ultimately, the 1911s were destroyed under supervision of state LE reps. Damned shame. At the time, ATF had issued a position on NFA inheritance, [atf.gov] but as y'all have pointed out, home-made firearms ain't NFA items. The whole situation is a mess because the ATF rules don't work well with home-made items (i.e. "you're not supposed to do that.")