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FedEx Won't Ship DIY Gunsmithing Machine
An anonymous reader writes Last fall, Defense Distributed — the company created by Cody Wilson of 3D-printed gun fame — announced a DIY gunsmithing machine called the Ghost Gunner. Now, FedEx is refusing to ship the device, saying there are laws or regulations that would prohibit them from shipment. A FedEx spokesperson said, "This device is capable of manufacturing firearms, and potentially by private individuals. We are uncertain at this time whether this device is a regulated commodity by local, state or federal governments. As such, to ensure we comply with the applicable law and regulations, FedEx declined to ship this device until we know more about how it will be regulated." Wilson argues, "They’re acting like this is legal when in fact it’s the expression of a political preference. The artifact that they’re shipping is a CNC mill. There’s nothing about it that is specifically related to firearms except the hocus pocus of the marketing."
FedEx is probably playing CYA.
The problem is that DD's box is designed to machine "80% receivers" to completion. The reason FedEx is playing CYA is because an 80% receiver is legally a "non-gun" in the eyes of the BATFE (until the policy gets changed) and anyone - and I mean ANYONE - can buy an 80% receiver because it's just a lump of metal. It's the machining of a couple of holes, pockets, and chambers that convert an 80% receiver into a firearm. Yes, the BATFE pretty much defines a firearm as the part of that can hold the fire control group/magazine/barrel. Which is why the BATFE looks at some of the laws of California (PRC - Majority of US Constitution/Bill of Rights/Federal Law considered invalid there because they're "special") and says "Huh?"
Anyway, since anyone can buy a lump of metal called an 80% receiver - including minors, etc - and also purchase (if they have the money) a "takes no skill to machine 80% receiver into a firearm" box, it's pretty obvious that a minor - or someone else who is disallowed purchase of a firearm - can buy both and fabricate a AR-15 type platform. So FedEx is likely looking at this and going "Yeeks! I don't want to get sued."
Now, machining an 80% receiver to 100% - which takes some skill - in your own home is perfectly legal, assuming you are allowed to possess firearms. Machining 300 or 80% receivers to 100% in your own home is perfectly legal - if you are allowed to possess firearms and do not intend to sell them - but if people [BATFE, local cops, etc] might look at you REAL funny if you do. You can even sell a firearm you manufacture - however, there's a bunch of laws pertaining to how many you can sell, and you can't build with the intent to sell, etc. It all gets into a "can't disprove that you manufactured with intent to sell" situation unless you have a handy piece of paper called an FFL - but if you are an FFL holder, you're not likely to be "manufacturing" with one of DD's "single purpose" CNC machines. FFL'd manufacturers usually have real tools, or connections with other manufacturing companies to get the parts that they want.
The gray area that likely has FedEx a little freaked is the "anybody can do this" combined with the "push a button" features - and the habit of people suing everybody and everything related. Remember, in the US there are the "Can't sue a manufacturer for producing something that does what it is supposed to do" laws which shields companies like Colt, Bushmaster, and other from wrongful death suits, etc. So, in order to prevent the inevitable "sue the delivery company for shipping a device to this guy who built this firearm and then sold it to this other guy who used it to kill a dozen people" lawsuit brought by ambulance-chasers.
I find the "we're not going to ship" response from FedEx entirely understandable, especially considering the "sue everyone" behavior endemic to the US legal system. Remember, under the US legal system, if you can sue your competitor - or person with an opposing viewpoint often enough - you can legally bankrupt them to the point where they are no longer in business - or if they are a person, homeless and disenfranchised. This is not to say I approve of FedEx's decision/policy. But my approval or disapproval of FedEx doesn't matter, since I am just someone posting as Anonymous Coward.