It’s a typical, busy Friday at London’s St. Pancras train station in May 2013. Travelers flood the station trying to get away for the weekend. However, unknown to the travelers, there are two individuals not trying to catch a train, but rather trying to smuggle a 3D-printed firearm through security. They are two reporters from The Mail on Sunday, and in an effort to bring awareness to the dangers of 3D-printed firearms, they downloaded the Liberator blueprints online, bought a 3D-printer, printed the 16-part pistol, purchased a common nail you would find at a hardware store to act as the firing pin, and successfully smuggled the pistol parts onto a crowded Eurostar heading to Paris. Once on the train, the two reporters assembled the Liberator in the train’s restroom. They then posed for pictures around the train car with passengers who were completely unaware that on the train was a fully functioning firearm. This experiment highlights how 3D-printed firearms pose unique safety risks and exacerbate flaws in current gun laws and should therefore be regulated.
The Rise of the Liberator
The Liberator was the first functioning 3D-printed firearm, created by Cody Wilson, a self-proclaimed “crypto-anarchist” and founder of the company Defense Distributed. Wilson created Defense Distributed so individuals could download and circulate computer-aided designed files (CAD files) on the internet. The CAD files contain the blueprint read by 3D printers to print guns and gun parts. The ability to 3D print firearms is arguably a modern form of gunsmithing, which Americans have a right to do under the Second Amendment and under the Gun Control Act of 1968 (GCA). However, under the GCA, there are weaknesses in gun regulations that 3D-printed firearms exacerbate.
Current Gun Regulations
Under the GCA, gun manufacturers, importers, and dealers are required to apply for a federal firearms license (FFL). FFLs today refer to individuals and companies who participate in the firearms industry and are required to register with the Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Under the GCA, firearms are subject to a 3.7 ounce metal requirement in order to be detected by metal detectors. Additionally, the GCA requires FFLs to conduct background checks on individuals attempting to purchase a firearm or gun parts that are regulated by the ATF, provide a serial number for a firearm or regulated gun part, and keep records of individuals who purchase a firearm and the firearm purchased in the transaction. Gun parts that are regulated by the ATF include a frame or receiver, a muffler, and firearm silencer.[1]
However, the ATF does not regulate unfinished frames and receivers, or what are commonly known as 80% lower receivers.[2] These receivers require additional milling to be operable. This means that individuals who purchase 80% lower receivers are not subject to background checks, and the FFL is not required to provide a serial number or keep any record of the individual purchasing the 80% lower receiver. The lack of regulation for 80% lower receivers allows individuals to acquire firearms who normally would not pass a background check. This safety problems is further exacerbated by 3D-printed firearms.
Unique Safety Issues Caused by 3D-Printed Firearms
3D-printed firearms are a modern form of gunsmithing, but they pose unique safety problems. Individuals have a right to build a gun, and consequently, an individual has the right to download and 3D-print their own gun. However, 3D-printed guns, since they are comprised of mostly plastic, can bypass metal detectors. Additionally, since the guns are printed at home, there is no way to enforce the GCA 3.7 ounce metal requirement. While individuals are not required to submit to a background check or obtain a serial number if they build their own gun, 3D-printed firearms are much more accessible than traditional gunsmithing. Little to no skill is required to download and print a 3D-printed firearm, and 3D printers are available on Amazon for less than $150. These firearms make it easier for people who should not have access to a gun to build their own and use these firearms to commit crimes
Crime scene analysis has also become increasingly difficult as 3D-printed firearms are used more frequently to carry-out crimes. For example, the chemicals used to lift fingerprints off traditional firearms do not react well to the plastic used to 3D-print firearms and usually destroy any potential fingerprints on the firearm. Further, whereas on a traditional gun the barrel leaves identifying marks on the bullet when fired, a bullet fired from a 3D-printed firearm leaves no identifying marks. This means crimes conducted with 3D-printed firearms for the most part go unsolved.
The Solution
The safety problems caused by 3D-printed firearms and the flaws of current gun regulations lead to the conclusion that 3D-printed firearms must be regulated. The best way to regulate 3D-printed firearms is to expand the definition of “manufacturer” under the GCA to include 3D firearm CAD file collectors. Placing the regulations on individuals like Cody Wilson, who operate websites such as Defense Distributed or GrabCAD.com, where individuals can download CAD files to 3D print firearms, will allow these individuals and companies to be treated as a “manufacturer” under the GCA and subject to FFL requirements.
The CAD file collectors would be required to register with the ATF and obtain a license. They would be required to conduct background checks on individuals who download a CAD file to 3D-print a firearm, to provide a serial number for the CAD file, and to keep records of individuals downloading CAD files and the type of CAD file downloaded. These regulations can help make it more difficult for an individual to have access to a firearm who under the GCA would not be permitted to have one and help crime scene analysts solve crimes conducted with 3D-printed firearms. Though this is not a perfect solution, it is the first of many steps that need to be taken to address the flaws in our current gun regulations.
[1] Firearms – Guides – Importation & Verification of Firearms – Gun Control Act Definition - Pistol, ATF (last reviewed Apr. 27, 2018), https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-gun-control-act-definition-pistol.
[2] Ghost Guns, Everytown for Gun Safety, https://everytown.org/issues/ghost-guns/.