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US Supreme Court Allows Biden To Regulate 3D-Printed Firearms (nbcnews.com) 228

Long-time Slashdot reader SonicSpike shares a report from NBC News: A divided Supreme Court on Tuesday allowed the Biden administration to enforce regulations aimed at clamping down on so-called ghost guns -- firearm-making kits available online that people can assemble at home. The court, which has a 6-3 conservative majority, in a brief order (PDF) put on hold a July 5 ruling by a federal judge in Texas that blocked the regulations nationwide. The vote was 5-4, with conservatives Chief Justice John Roberts and Justice Amy Coney Barrett joining the three liberal justices in the majority.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly known as ATF, issued the regulations last year to tackle what it claims has been an abrupt increase in the availability of ghost guns. The guns are difficult for law enforcement to trace, with the administration calling them a major threat to public safety. The rule clarified that ghost guns fit within the definition of 'firearm' under federal law, meaning that the government has the power to regulate them in the same way it regulates firearms manufactured and sold through the traditional process. The regulations require manufacturers and sellers of the kits to obtain licenses, mark the products with serial numbers, conduct background checks and maintain records.

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US Supreme Court Allows Biden To Regulate 3D-Printed Firearms

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  • Not a final decision (Score:5, Informative)

    by jddj ( 1085169 ) on Tuesday August 08, 2023 @09:09PM (#63752080) Journal

    They just reversed a lower court's ruling while it's litigated.

    Biden et al can go ahead for the time being.

    • I'm not surprised that Roberts voted with the libs. He's done that on other issues.

      ACB is more interesting. She's usually to the right of Kavanaugh.

    • Yep, it's a terrible FA. Right on the cusp so that you can't tell if it's incompetent reporting or dishonest reporting without digging into the writer.

  • by HotNeedleOfInquiry ( 598897 ) on Tuesday August 08, 2023 @09:15PM (#63752090)
    Anyone with a 3D printer can print stuff. Good luck on regulating that.
    • by i.r.id10t ( 595143 ) on Tuesday August 08, 2023 @09:19PM (#63752098)

      Biggest complaint is that it got "too easy" between jigs that could be run on a 80% receiver with a drill in a press mount or a drill press to straight up 3d printing.

      Thing is, making your own gun has always been legal. Up until 1986 you could even make your own machine gun - just had to get permission and pay the $200 tax first.

      But the ATF and government want things to be hard. The ATF argues that anything that can be "easily converted" is a machine gun. Their idea of "easily converted" ? A skilled machinist in a shop full of all the needed tools and 8 hours of time. A skilled machinist could make a machine gun from tube and bar stock in that amount of time....

      • by HotNeedleOfInquiry ( 598897 ) on Tuesday August 08, 2023 @09:33PM (#63752130)
        Those aren't 3d printed guns, they are 80% receiver guns. So I guess I should go back and read the article instead of the /. synopsis.
        • Re: (Score:3, Insightful)

          by Shaitan ( 22585 )

          That is what they are trying to eliminate yes. The big lie they are telling everyone is that they are basically kits that just require assembly.

          • That is what they are trying to eliminate yes. The big lie they are telling everyone is that they are basically kits that just require assembly.

            In the same way Ikea doesn't sell furniture. Just kits.

            • by Zak3056 ( 69287 )

              That is what they are trying to eliminate yes. The big lie they are telling everyone is that they are basically kits that just require assembly.

              In the same way Ikea doesn't sell furniture. Just kits.

              To use your Ikea analogy, imagine if all the hardware in your flatpack furniture was just raw forgings and you had to cut the threads on the screws, drill and tap the nuts, punch holes in all the washers, and electro galvanize all of the above before you could make use of anything. That's the difference between an "80% receiver" and a firearm as defined under the law--the 80% is typically just a raw forging or one that's had some minimal machining.

        • by e3m4n ( 947977 ) on Wednesday August 09, 2023 @06:44AM (#63752744)
          Well its not the forged aluminum 80% lowers that the ATF saw an uoshift in crime. Hell ANY rifle falls under 1 category and its responsible for less that 300 homicides compared to 16k carried out by handguns. The ATF reported an increase in firearms made in the form of glock and 1911 frames. These frames are often available as a poly alloy. You still need a barrel, a firing pin, and an extractor (all which leave tool marks at the scene) to fire that weapon. Since 2010 all LE agencies now use a system like AFIS specifically tailored to identify unique markings on brass shell casings. Its not a serial number that does people in. You have a much higher chance of evading the police using a revolver because most people dont police their brass. Use a .38 or .357, and use hollowpoint ammo, and there wont be any ballistics or shell casings to match.
        • by SirSpanksALot ( 7630868 ) on Wednesday August 09, 2023 @07:10AM (#63752784)
          Three question is at what point is a kit not a gun. What if I create jigs that turns 0% aluminum bar stock into lower receivers - is aluminum bar stock now considered a gun? Is it only a gun of I sell the aluminum block and the jigs together? in which case, sell the jigs standalone... I'm fine with them saying existing 80% lowers are too complete... The question is where is the line. It's somewhere between the two, and it needs to be defined...
      • by ShanghaiBill ( 739463 ) on Tuesday August 08, 2023 @09:59PM (#63752170)

        A skilled machinist could make a machine gun from tube and bar stock in that amount of time....

        I consider myself a skilled machinist. I can write CNC G-Code in my sleep.

        There's no way I could make a machine gun from bar stock in 8 hours. Maybe 8 days.

        • Re: (Score:2, Insightful)

          by VertosCay ( 7266594 )
          I am also a skilled manual machinist and could not make one from bar stock in 8 weeks with out a rifling broach machine. A bit too much hyperbole here.
          • You could make the machine if you didn't have one though. There's very little that a determined machinist can't do if they set their mind to it. Time and materials are the only hitches.

          • by YuppieScum ( 1096 ) on Wednesday August 09, 2023 @03:06AM (#63752502) Journal

            Two things :

            First, you don't need a rifling machine. You can do a sufficient job on short barrels with just a rifling button and an arbour press.

            Second, the barrel does not need to be rifled. A smooth-bore firearm will still work, it just won't be as accurate or have the range of an equivalent firearm with a rifled barrel.

            I would recommend doing some reading on the Luty Gun [wikipedia.org] - a 9mm submachine gun made in the UK from hardware store parts as a protest against gun control.

            Forgotten Weapons [youtube.com] has - as always - a good overview, and Brandon Herrera [youtube.com] has a - slightly more low-brow - take.

            • by YuppieScum ( 1096 ) on Wednesday August 09, 2023 @04:16AM (#63752572) Journal

              One other point, for those in the USA, is that you can just buy a ready-made barrel over the counter in most - if not all - of the states without any regulation.

              In fact, you can buy almost everything you need - barrel, bolt, trigger group, magazine, frame, slide - to make a pistol with no more effort than buying a frying pan.

              In the USA it is only the "receiver" that is the regulated & serialised part which, in modern pistols, is a small metal box that can easily be milled from a block of metal. Further, you can trivially buy an "80%" receiver - which is a block of metal on which 80% of the work has been completed, requiring just the remaining 20% to be completed by the purchaser, which is in turn based on an ATF ruling that the point at which an unregulated block of raw material becomes a regulated firearm part is when more than 80% of the manufacturing work has been done on it.

          • In the US barrels, bolts, trigger groups, etc. aren't regulated parts
            The only thing that requires federal paperwork is the receiver.
            I bet you could CNC a AR15 receiver fairly easily.
            Everything else you can just mailorder
        • Sure, but this issue is only about the receiver and maybe a couple of small parts to enable full-auto. Not all the other stuff like the barrel, trigger group, bolt assembly, etc. All that stuff can be purchased without an ID over the counter.
    • Well, the situation with chemistry experiment sets is nearly identical - anyone who has one of these can make many different chemistry experiments, but some chemistry experiments may have unpleasant legal consequences for the chemist.

    • Anyone with a 3D printer can print stuff. Good luck on regulating that.

      Anyone with a metal lathe could machine "ghost" AR lowers and full-auto sears decades ago.

      Anyone (meaning enough) believes what their leaders are selling or distracting them with. Good luck on regulating ignorance or stupidity. Humans are compared to lemmings for valid reason.

      • It's decades since handguns were banned in the UK, and in that period we've not had a significant number of 'ghost' handguns being created by private individuals. Given the demand in the criminal fraternity for handguns, this would appear to show that either they are ignorant of the possibility or those with the skills all law abiding individuals. I incline to the former explanation.

    • by dnaumov ( 453672 )

      Anyone with a 3D printer can print stuff. Good luck on regulating that.

      Funny. Let's totally pretend like "Anyone with X can do Y" hasn't been regulated and enforced for most things since forever, right?

    • Anyone with a 3D printer can print stuff. Good luck on regulating that.

      As far as I know, this about the Government wanting requirement for purchased kits as below:

      The regulations require manufacturers and sellers of the kits to obtain licenses, mark the products with serial numbers, conduct background checks and maintain records.

      ... and sellers/buyer not wanting those things. I'm guessing it includes people making parts/kits for sale to follow those rules too. I don't think it applies to stuff one makes solely for themselves -- though good luck 3D printing a reliable, reusable barrel, etc...

    • by AmiMoJo ( 196126 )

      Any computer can be used to program malware. Selling software that makes creating ransomware as easy as a few clicks is still going to get you in trouble though.

      Drones often have technical measures to prevent abuse, like geofencing around airports. It would be harder to do with 3D printers and guns, but even measures like blacklisting known designs would prevent many users from making them. No need to let perfect me the enemy of good, just like we don't allow the existence of metal files to stop us putting

  • by doug141 ( 863552 ) on Tuesday August 08, 2023 @09:28PM (#63752126)

    The US argued that ATF’s rule regulating gun kits and partially assembled frames fits comfortably within Congress’s definition of a firearm as “any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” The fact that the parts require assembly or conversion to become a working weapon is accounted for in that language, The US argued.

    “If a state placed a tax on the sale of tables, chairs, couches, and bookshelves, IKEA surely could not avoid that tax by claiming that it does not sell any of those items and instead sells ‘furniture parts kits’ that must be assembled by the purchasers. So too with guns: An ordinary speaker of English would recognize that a company in the business of selling kits that can be assembled into firearms in minutes — and that are designed, marketed, and used for that express purpose — is in the business of selling firearms. A contrary conclusion blinks reality.”

    • by Moryath ( 553296 ) on Tuesday August 08, 2023 @10:05PM (#63752186)

      Plain text of the law. [congress.gov] It seems pretty clear, "ghost guns" or "kit guns" were already covered under the firearms law and have been since 1968.

      " (3) The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. "(4) The term destructive device means— " (A) any explosive, incendiary, or poison gas (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled."

      • by e3m4n ( 947977 ) on Wednesday August 09, 2023 @06:52AM (#63752758)
        Except the 1968 GCA explicitly allowed personal manufacturing exclusive of that law. Thats the legality of the whole thing. POTUS should not rewrite a law passed by congress. Thats Congresses job. If you want the 1968 ruling to include personally manufactured guns, not for resale, then alter the law. Dont be a hipocrite here. The only reason the GCA wasnt thrown out by SCOTUS was it used the COMMERCE CLAUSE of the constitution to regulate the MANUFACTURE and SALE across state lines. None of that applies to homemade weapons. If you include homemade weapons you run the risk of getting the entire law thrown out because you closed your own loophole to regulate something the constitution explicitly says you cannot. Its a delicate balance between regulating interstate commerce and banning pens/paper and printing presses to obstruct free speech metaphorically speaking.
        • by Moryath ( 553296 )

          "Personal manufacturing" - machining a musket or something yourself.

          "Assembling a prebuilt kit with a frame someone else manufactured" - nope. Read the law and stop being a "hipocrite." Unless (as your weird word salad and bizarre capitalization indicates) you're simply illiterate and can't understand the in-this-case-very-plain-and-easy-to-understand wording of the law.

          • by e3m4n ( 947977 )
            Youre a fucking idiot. Ask ANY lawyer. The GCA only applies to commerce. Thats why it doesnt say you have to be 21 to OWN a handgun. It says a licensed dealer cannot SELL a handgun to someone under 21. Its not semantics you illiterate inbred. There is a specific reason for the wording. And a musket? In 1968?? Fuck off you sister-fucking GenZ. Grow up.
            • "illiterate inbred"
              "sister-fucking GenZ"
              "Grow up."

              With well worded cohesive arguments like those, how could anyone disagree with your legal analysis. You should be arguing law in front of the Supreme Court with such a masterful command of the English language.

      • Is every hardware store a firearm then? Is every brigeport milling machine with raw stock in the vise?

        No, because that would be impractical to enforce, and unconstitutionally vague. A pile of parts that still need significant machining before it can be assemble is not "readily assembled"

  • by SuperKendall ( 25149 ) on Tuesday August 08, 2023 @09:54PM (#63752158)

    How many criminals are going to the trouble of using "ghost guns"?

    So far as I can tell criminals just use normal guns. They don't want to fuss with the unreliability of kit guns. They can just buy stolen guns illegally all day long so why not use those?

    "Ghost Guns" are only used by hobbyists, and not really a threat to anyone.

    If you look at some stats of ghost guns used in crimes [everytownresearch.org], you find the number is pretty tiny - and a lot of the "crimes" involve things like people shooting themselves.

    Also that article defines "ghost gun" as "A ghost gun is any gun that doesnâ(TM)t have a serial number and thus canâ(TM)t be traced" But that means normal guns where serial numbers are filed off, very common for criminals to do, are ghost guns as far as stats go - but not the kind of guns from kits this law is addressing.

    Since the law will go forward with normal litigation hopefully some more clarity will come to light about exactly what is being banned. Because filing serial numbers off weapons is already illegal without any "ghost gun" law needed...

  • Completely Futile (Score:3, Interesting)

    by rally2xs ( 1093023 ) on Tuesday August 08, 2023 @11:51PM (#63752312)

    As are all other regulation of guns. These gov't edicts only matter to the law abiding, those people who use them responsibly. The criminals, on the other hand, ignore such laws, do as they please, acquire their firearms by any means available, and wreck havoc with them when it so suits them. Meanwhile, the law abiding who are usually the targets of the criminals are now at a disadvantage since they have found it too much trouble to mess around with the government, jump through its hoops, and have neglected to obtain the only means by which they might fend off the criminals.

    See how it works? The more regulations, the more at a disadvantage the general public is, and the freer the criminals are to execute their depredations. Unintended consequences, thy name is "gun control."

  • by Can'tNot ( 5553824 ) on Tuesday August 08, 2023 @11:58PM (#63752316)
    The article doesn't mention Biden at all, other than the title and opening line. Does he have any involvement in this?
    • Yes. Biden recently appointed Steve Dettelbach as the Director of the ATF. The ATF is part of the Department of Justice, headed by the Attorney General Merrick Garland, whom Biden also appointed. Merrick Garland serves as a member of Biden's Cabinet and effectively with the purpose of implementing the president's policies.

      In this official Whitehouse news release [whitehouse.gov], the Biden administration describes how they pursuing this issue

      Today, President Biden and Deputy Attorney General Lisa Monaco will deliver remarks in the Rose Garden to announce additional steps the Administration is taking to combat gun crime.

      Ensuring that ATF has the leadership it needs to enforce our commonsense gun laws and fight gun crime.

      The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is our top federal law enforcement agency responsible for enforcing our commonsense gun laws. Today, the President is nominating Steve Dettelbach to serve as Director of ATF. ...

      Cracking down on ghost guns – the weapon of choice for many violent criminals

      Today, the President and Deputy Attorney General will also announce that the U.S. Department of Justice has issued a final rule to rein in the proliferation of “ghost guns” – unserialized, privately-made firearms that law enforcement are increasingly recovering at crime scenes in cities across the country. Last year alone, there were approximately 20,000 suspected ghost guns reported to ATF as having been recovered by law enforcement in criminal investigations – a ten-fold increase from 2016.[1] Because ghost guns lack the serial numbers marked on other firearms, law enforcement has an exceedingly difficult time tracing a ghost gun found at a crime scene back to an individual purchaser.

      This final rule bans the business of manufacturing the most accessible ghost guns, such as unserialized “buy build shoot” kits that individuals can buy online or at a store without a background check and can readily assemble into a working firearm in as little as 30 minutes with equipment they have at home. This rule clarifies that these kits qualify as “firearms” under the Gun Control Act, and that commercial manufacturers of such kits must therefore become licensed and include serial numbers on the kits’ frame or receiver, and commercial sellers of these kits must become federally licensed and run background checks prior to a sale – just like they have to do with other commercially-made firearms. ...

      This rule builds on the Biden Administration’s prior executive action to rein in the proliferation of ghost guns.

  • Why does the title talk about 3D printed guns? Kits are collections of pieces sold by someone. An actual 3D printed gun ... okay, if it isn't your printer you might argue the person who owns the printer is selling the parts, But if it is your printer then no.

    There are gunmakers the ATF has no authority over already, though. As long as they never sell across state lines (interstate commerce), the ATF mas no jurisdiction at all. I am aware of a few, but not in my own state and hence of little interest to me (
    • The ATF has jurisdiction over all gun manufacturers in the USA ... they just have slightly more powers if they sell across state lines

  • The headline is misleading. The SCOTUS ruling is about firearms without serial numbers, not 3D printing. Yes, 3D printing is one way to make them. So is buying 80% lower receivers and assembling them. So is filing off an existing serial number. All these are called by the media as "ghost guns", which is not a legal term, not a term of the art, has no place in charging papers, nor means anything. Firearm lacking a serial number is a correct term, except in the latter case, where firearm with fdestroye

    • by Orgasmatron ( 8103 ) on Wednesday August 09, 2023 @06:25AM (#63752712)

      The district court ruled for the plaintiffs (citizens) and also vacated the recent changes to the regulation (all of them)

      The appeals court stayed the order of vacatur in part, but allowed the parts of the regulation that were considered in the district court case to be vacated.

      The Supreme Court granted an emergency stay, allowing the regulation (as a whole) to continue to exist and to be enforced on everyone other than the parties to the lawsuit.

      This is an unusual situation. See FRACs brief filed on August 2nd for details. The parties to the lawsuit cannot be criminally charged for violating the regulation, but their customers can be, and their suppliers can be charged with aiding and abetting their violation of it.

      The docket for this case: 23A82 [supremecourt.gov]

  • It's not possible to regulate 3d-printed weapons, as anybody with a 3d printer (especially newer metal 3d printers) can create these weapons in their basement.
  • If you buy a lower-80, you’re buying a block of plastic (some sell metal ones). There’s no fire control cavity, no way for it to function as a gun. It’s not like you can stop by Gunazon and have a untraceable firearm in minutes. It’s a doorstop, paper weight, etc. and takes tools, time, and some skill to complete the lower. Many incomplete lower sellers just sell this, not an entire kit. A kit has EVERYTHING you need to make a functioning firearm.

    This sounds like they’re going

  • My printer is still running. Made an AR15 out of nylon the other day. The CAD files also come with the machinegun version lol.

    The small town I live in has a lower murder rate than Japan and is full of guns. Used to live in Chicago. High murder rate.

    Density and demographics create high murder rates, not guns, but no one wants to talk about that.

    • by Dusanyu ( 675778 )
      How long would a 3D printed armalite pattern rifle last? I am a gun owner myself but 3D printed guns strike me as a fast way to the forever box. Yes I understand that 5.56 NATO is not that powerful of a round but its still plastic after all
  • This is another "emergency" application to scotus. Scotus is pissed about getting too many of these, and they have said so. All this does is let the status quo continue until the suits go through normal routes. Basically scotus said, no, this is not an emergency.

  • I'm as pro Second Amendment as the next guy but this (much like the bump stock bullshit) is not the hill I want to die on. I know several people who got excited about these things and built them. They're easy to make and apparently, at least in a couple of cases easy to screw up. I'd rather buy my firearms from manufacturers who do this professionally and provide a warranty and a reasonable expectation of safety/quality with their product. Adding a background check and a serial number is fine. Nothing to se

  • "The regulations require manufacturers and sellers of the kits to obtain licenses, mark the products with serial numbers, conduct background checks and maintain records."

    The people who 3d print whole metal guns for the criminals won't care one bit.

    Homicidal teens won't care either.

  • It's disgusting that you can classify a judge as either one. Is it really that difficult to just evaluate laws based on the intention of the time they were written and enforced? Politics shouldn't play a part whatsoever.

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