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20 States Take Aim At 3D Gun Company, Sue To Get Files Off the Internet (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: Twenty states announced Monday that they plan to ask a federal judge in Seattle to immediately issue a temporary restraining order against Defense Distributed, a Texas-based group that has already begun making 3D-printer gun files available on its DEFCAD website after a recent legal settlement with the US State Department. "After almost 18 months I was skeptical that there was anything else that this administration would do that would truly shock me, but they have," Washington Attorney General Bill Ferguson told reporters assembled in Olympia and by phone. "Frankly, it is terrifying... We think that it is important to put a stop to this right away and make it as difficult as humanly possible to access this information." The new lawsuit, which Ferguson explained will be filed "within hours," comes just one day after Defense Distributed voluntarily agreed to block IP addresses from Pennsylvania after that state's attorney general filed a similar motion in federal court there. "Pennsylvania is still suing and we are still responding," Defense Distributed's founder, Cody Wilson, told Ars. Preemptively on Sunday, Defense Distributed sued the attorney general of New Jersey and the city attorney of Los Angeles to stop those lawsuits, largely on First Amendment grounds.

In this new 20-state initiative, the Washington attorney general argued that the State Department settlement violated the Administrative Procedure Act and also infringed upon states' Tenth Amendment right to regulate firearms within their own states. Ferguson pointed out, for example, people convicted of domestic abuse are flagged when they attempt to legally buy a gun. Allowing anyone to download and manufacture their own gun circumvents that process, he said. But Wilson told Ars it may be too late, as the files went up last Friday evening -- days before he said he would resume publishing them on August 1.

48 of 490 comments (clear)

  1. SCOTUS by Train0987 · · Score: 5, Interesting

    They'll lose in the Supreme Court. This isn't just a Second Amendment issue, it's a First Amendment issue foremost.

    DD's lawyer is going to be famous after this case.

    1. Re:SCOTUS by Train0987 · · Score: 5, Informative

      You can legally buy 80% completed receivers online now and a novice can finish them with included jig. As it should be.

    2. Re: SCOTUS by Anonymous Coward · · Score: 5, Insightful

      What exactly about not having to register your freedoms is obscene? Should you have to register before getting a blog or email address?

    3. Re:SCOTUS by bobbied · · Score: 2

      Nice, I didn't know that. Got to love how imaginative folks get about stepping around stupid laws anyway.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:SCOTUS by Woldscum · · Score: 3, Informative

      Also VERY IMPORTANT point. If you are legally able to buy/own a firearm (AK, AR, BB gun, Shotgun, Pistol, etc). You are 100% legally able to build yourself one or 100 of them. Just not for sale, must be for your own use. Making a gun for someone else would make you a manufacturer and need a Type 7 FFL. They would need to ban blueprints and STL files of gun receivers too. A CNC milling machine uses "flies from the web" also.

      https://www.atf.gov/firearms/q...
      ATF FAQs
      Does an individual need a license to make a firearm for personal use?
      No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

      [18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

    5. Re:SCOTUS by Anonymous Coward · · Score: 3, Informative

      3D Printed guns are crap. Ask a firearms expert what the best way to use plastic as a barrel for a gun is. Wait for him to stop laughing.

      The "Liberator" is such a terrible weapon that you'd be better off with a slingshot and a lead ball.

    6. Re:SCOTUS by HornWumpus · · Score: 4, Insightful

      It's useless as a gun.

      But it's _great_ for making fascists lose their fucking minds.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    7. Re:SCOTUS by Impy+the+Impiuos+Imp · · Score: 2

      Read up on the history of that phrase. It is far from the rhetorical slam dunk you think it is -- in the words of the guy who said it, a year later. It was used to justify outlawing pamphlets urging people to resist the WWI draft using legal means.

      In any case, you mean falsely yelling fire to create a dangerous stampede. That is not the same thing as truthful speech that, in rare cases, may be misused.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    8. Re:SCOTUS by HornWumpus · · Score: 3, Funny

      The one I'm concerned about...is turning a gun in for a buyback a sale?

      I smell profit if I can sell zip guns for $200. Also doing society good, keeping good guns from being destroyed.

      The 4 guns per limit makes it's not worth the effort (even with anon and 4 per site), but it would be a good fundraiser activity for a makerspace. They make 4 for each member, who sell them back and fund the makerspace.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    9. Re:SCOTUS by Anonymous Coward · · Score: 2, Insightful

      "Nut bars currently staffing SCOTUS"? You mean judges that rule based on the actual Constitution, laws passed by Congress and long standing precedent? Real nut bars are non-elected judges who decide cases based on personal feelings and the opinions of loud voices rather than being actual judges. Judges are not legislators. They're not the Executive branch. They're arbitrators of standards. SCOTUS judges are not elected for the very reason that they're supposed to put politics to the side, not be persuaded by lobbying and actually make decisions based on rule of law and the arguments made. Their terms last well beyond the time period they were nominated, helping distance them from the politics of today. They're a steady hand, rather than a reactionary one.

    10. Re:SCOTUS by Oceanplexian · · Score: 5, Informative

      No, they're not. Check out the Ghost Gunner. You can buy an 80% lower receiver for an AR-15, pop it in the "printer/CNC", load up the files, and it will drill everything out to finish it. You can then go and buy all the rest of the parts (Barrel, Grip, Muzzle, Upper), which can be purchased legally, unregulated, with cash if you'd like. They sell those parts off the shelf of most sporting goods stores. Put it all together and you have a rifle that's as good or better than one from a factory.

    11. Re:SCOTUS by reboot246 · · Score: 4, Insightful

      It's really hilarious to hear liberal states screaming "Tenth Amendment" to the top of their lungs.

      Their usual position is that states' rights don't even exist . . . . but now THEY need them.

    12. Re:SCOTUS by e3m4n · · Score: 2

      you don't need a CNC, just a jig, some bits, and a router (not the network type). This is 100% legal as per the 1968 Gun Control Act. These states ARE going to lose. blueprints are NOT guns for the same reason the Anarchy Cookbook is NOT explosives or drugs. In fact 3d printed guns are completely shit at the moment. The plastic only withstands a few shots at best. Hell a zip gun (spring, nail, and pile) is more durable than the 3d printed varieties right now. It's a lawsuit filed by fucking retarded lawyers with more time than fucking brains. Hell, if this system ever does get abused, I hope these fucking dumbass lawyers are the first to get killed by one.

    13. Re:SCOTUS by e3m4n · · Score: 2

      as someone who has built AKs and ARs from parts, and has had to build the receiver part; AKs are much more work than ARs for sure. If you mill out the lower receiver of an AR everything else just connects with a simple Armorers wrench and a small torque wrench. For making an AK receiver you need jigs to bend the receiver; a jig to rivet the trigger guard, a jig to rivet the rear trunion and front trunion; a spot welder to attach the rails for the bolt carrier; map gas to heat the drilled holes to heat-treat harden them; a shop press to rivet, press the barrel into the front trunion, populate the rear sight block, gas block, and front sight block; A drill press to cross mill the barrel for the 5mm cross pin as well as the 3mm pins for the other barrel parts. Personally, I love making AKs. I find it significantly more challenging from a skill perspective. The biggest trick to AKs is that, unlike AR, the parts no dont fit like a swiss watch. You need to go back with a drimel tool and tweak the clearances because there is always a slight difference between polish parts, russian parts, yugo parts, romanian parts etc.

      FYI to make it fully-auto you need another jig/template that will line up the correct holes for the 5mm and 7mm to support the 3rd axis pin that holds the autosear. Its doable but you would be surprised how many people do not understand how it works. In order to make it

    14. Re: SCOTUS by cirby · · Score: 4, Insightful

      The WWII-era Nazis were mostly fond of taking guns away from people and keeping them only in the hands of the government or Party members.

      You should also remember that, in the US, "high ranking Nazi" means "some guy who has a couple of dozen people who sorta do what he says, and a few million people who oppose him."

  2. Banned books week by Hadlock · · Score: 4, Interesting

    Every september libraries have what is called "Banned Books Week"
     
    This is to highlight the problem with banning books and remind everyone that this is a terrible idea.
     
    I think we've firmly established, over and over, that banning books does not work.

    --
    moox. for a new generation.
    1. Re:Banned books week by Gravis+Zero · · Score: 2

      I think we've firmly established, over and over, that banning books does not work.

      Do inform me when you find a book accurately detailing how to create a nuclear bomb. The FBI would also be interested.

      Some things are kept secret for the good of humanity.

      --
      Anons need not reply. Questions end with a question mark.
    2. Re:Banned books week by CrimsonAvenger · · Score: 4, Interesting

      Do inform me when you find a book accurately detailing how to create a nuclear bomb. The FBI would also be interested.

      "Dire Dawn" by Hildegarde Hernandez? ;-p

      More seriously, a basic fission bomb isn't really all that hard to build. We did it with 1940's tech. Any halfway competent nuclear engineering student should know enough to do the design up...

      The difficulty isn't the design, it's the fissionables. Which you can't buy at the local drug store, contrary to popular rumour. Making Pu-239 requires a major engineering project. Hell, building the reactor to make the Pu-239 is something for billionaires, much less building the reprocessing facility to extract the Pu-239 (without poisoning it with other isotopes that suck up neutrons without producing excess energy)....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    3. Re: Banned books week by MakerDusk · · Score: 2

      It's several books and labs, really. You're freely able to take physics in a university. After that you'll need some practical engineering. Getting weapons grade heavy isotopes and maintaining the isotopes in a usable form is another matter. Half lives are very consistent... and are only one of the reasons a nuclear arsenal is so incredibly expensice

    4. Re:Banned books week by jythie · · Score: 2

      *nod* which gets into the often hand waved field of industrial engineering. Scaling up to industrial quantities is a whole different bed of nails than producing trace amounts of something in your garage.

  3. Unstoppable by lucasnate1 · · Score: 4, Insightful

    I am pro gun laws, and yet, my opinions cannot change reality. Just like "pirated" movies and music, there is no way to stop this from being distributed. I

    1. Re:Unstoppable by Train0987 · · Score: 4, Insightful

      notice they aren't suing to remove all the milling plans that have been available on the internet for 20 years. Mills are a lot easier to find than 3D printers.

      I'm also taken aback by the reasoning that felons and domestic abusers can download these plans. There's nothing stopping them from buying privately either, it's still a felony.

      All of this is just more anti-Trump theater by the Democrats in liberal states.

    2. Re: Unstoppable by HornWumpus · · Score: 2

      Arbitrage waiting to happen.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  4. "3D Gun Company" by Anonymous Coward · · Score: 5, Funny

    Certainly an upgrade from my current 2D gun. Very difficult to aim accurately.

    1. Re:"3D Gun Company" by 91degrees · · Score: 2

      My 2D knife is great though! Infinitely sharp! Don't bring a 2D gun to a 2D knife fight.

  5. This is why banning guns is not the answer by Jarwulf · · Score: 4, Insightful

    As technology marches forward it will become easier and easier to manufacture weapons and a society which uses bans to solve the problem will have to crack down harder and harder upon freedom and liberty to stop people from circumventing those bans. Eventually you'll have to literally be locked down and monitored 24/7. You then have a choice, either you continue to treat people like children hoping in government and authority to protect them from big bad guns forever or accept the risks and inevitable pains and losses and teach people to learn to live with and use these tools like adults.

    1. Re:This is why banning guns is not the answer by Anonymous Coward · · Score: 2, Insightful

      And you are much, much too stupid to be granted the right to vote.

  6. Prior Restraint of Expression? by Artagel · · Score: 3, Informative

    I think that Washington's attorney general is confusing the right to publish with being responsible for what you publish. It is extremely hard to restrain speech in the U.S. prior to publication.

    The Pentagon Papers were relevant to national security and there could not be prior restraint on publishing those. https://legal-dictionary.thefr...

    Some state attorney generals willies about someone 3D printing a gun isn't even close to a national security issue. Stopping the information from being posted until a final adjudication should be nigh-on impossible.

  7. Welcome to the future. by HeckRuler · · Score: 3, Insightful

    Frankly, it is terrifying... We think that it is important to put a stop to this right away and make it as difficult as humanly possible to access this information

    Yeah, I hear ya. But the thing about information is that it's REALLY hard to stop it from spreading. And this isn't super top-notch secret information that only a handful of people have. Anyone with a bit of time and some free software can make their own, and then go one to share it through any avenue available in this modern ultra-connected digital world.

    You're simply not going to be able to police this. It's outside the scope of what you can control.

    Any attempts to illegalize it will either be laughably unenforceable or boil down to cops raiding places for what amounts to thought-crime (which will run afoul of bigger laws, namely the 1st and 4th amendments to the constitution). So we, collectively, need to get ready for a world where nearly anyone with a bit of cash to spare (like $50), will have access to firearms. Really shitty firearms at the moment, but that's probably going to get better.

  8. Re:Weapons vs weapon building instructions by bobbied · · Score: 2

    Nope, they are NOT the same. I know how to make explosives that would be illegal, but knowing is not doing or even having intent to do. You don't get tickets for speeding, just because you can go faster in your car than is allowed... Usually....

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. Even if they succeed - they will fail. by MindPrison · · Score: 4, Insightful

    Because "Internet", information wants to be free. Sure, you can cover everything on the surface, but the more "secret" the information is, the more popular it will become, and the more people will attempt to copy and distribute, and print it.

    Next thing will probably be outlawing 3D printers.

    --
    What this world is coming to - is for you and me to decide.
    1. Re:Even if they succeed - they will fail. by Jodka · · Score: 2

      Next thing will probably be outlawing 3D printers.

      If they treat it like paper printers then it will be government-mandated watermarking. From the EFF:

      ...all major manufacturers of color laser printers entered a secret agreement with governments to ensure that the output of those printers is forensically traceable.

      It appears likely that all recent commercial color laser printers print some kind of forensic tracking codes...

      --
      Ceci n'est pas une signature.
  10. My Hippie-Dippie Opinion by TheDarkener · · Score: 4, Insightful

    It'd be awesome to try to tackle the problem of people wanting to kill each other in cold blood in the United States. You know, maybe try to foster a culture that values human life.

    Oh wait, that goes against killing people in *other* countries though. Nevermind, that'll never work.

    --
    It is pitch black. You are likely to be eaten by a grue.
  11. Re:It's not really speach by Alypius · · Score: 4, Informative

    It's prior restraint, something that the courts deeply frown upon.

  12. Re: It's not really speach by reanjr · · Score: 2

    Architects seem to think diagrams have intellectual value...

  13. Re: It's not really speach by reanjr · · Score: 2

    Private citizens can manufacture or repair any firearms that do not violate restrictions on features, like no fully automatics.

  14. Re:It's not really speach by thule · · Score: 4, Insightful

    Yes, the government has already covered manufacturing. As long as one is able to legally own a firearm, one is able to build one for PERSONAL use. The firearm they build cannot be sold or given to anyone. If someone builds a firearm to sell, then they fall into the manufacturing category and must be licensed as a manufacturer.

    But why ask permission to build a weapon? Are US citizens not free people? Why would we have to ask permission to protect ourselves? We don't live in medieval Europe, we live in the USA.

  15. This will not go far by rickb928 · · Score: 2

    "In this new 20-state initiative, the Washington attorney general argued that the State Department settlement violated the Administrative Procedure Act and also infringed upon states’ Tenth Amendment right to regulate firearms within their own states. Ferguson pointed out, for example, people convicted of domestic abuse are flagged when they attempt to legally buy a gun. Allowing anyone to download and manufacture their own gun circumvents that process, he said."

    Oh dear. Imagine the problems dealing with 'people convicted of domestic abuse' or merely accused of this, if they already have a gun and hide it from the authorities. No, dear, you cannot be sure of preventing that, and you'll also take their cars, knives, and hand tools. Or not, and be shocked.

    This is not a Tenth Amendment issue. That reserves to the States or the People powers not otherwise delegated. And the Second Amendment recognized the People as having the right to own guns. This suit should be spanked and sent off without dessert.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  16. Re:Where are the ... by thule · · Score: 2

    There has been a long tradition of making firearms in the US. A friend of mine is a machinist and he was telling me that it is like a right of passage for a machinist to make a simple firearm.

    Why would you assume that the NRA is a manufacturing PAC? The power of the NRA is people and lots of them.

  17. Bitcoin or ethereum by goombah99 · · Score: 2

    Just put the plans for it into an etherium or bitcoin contract and send yourself ten cents.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  18. Re:It's not really speach by mishehu · · Score: 2

    is it? It's a manufacturing diagram. That's not expressing much of anything. Also, I'm not sure where the law is on manufacturing arms vs the right to keep and bare arms. Those are different things. I'm not sure the constitution address manufacturing. I suppose you could read that into it, but the right wing of SCOTUS tend to be literalists.

    I suggest that you see the story of Phil Zimmermann than. You could make the same kind of argument about encryption basically, and the hint is that thanks to him and colleagues, we can freely use strong encryption.

    Additionally I'd suggest doing research on the laws regarding manufacturing your own personal firearms before you start loudly speculating and/or proclaiming. You'll be less likely to be found wrong in public. :-)

  19. Re:It's not really speach by Jane+Q.+Public · · Score: 2

    You have always been legally able to make guns for your own use. The 1968 Act merely clarified this, it did not legalize it.

    There are only a couple of restrictions:

    1) You cannot make fully-automatic firearms.

    2) You are not allowed to transfer or sell them.

    That's it. Have fun.

  20. Half hour with plumbing parts, no tools by raymorris · · Score: 5, Informative

    You don't even need any "metal shop" tools to make a gun. That just helps to make a better one. My nephew and I assembled one from metal plumbing parts a few days ago. It took about half an hour, with nothing but hand tools.

    Guns have been around since the 1300s, around the same time the hourglass was invented. Which shows they can be built with tools and equipment less advanced than what Columbus had on board the Santa Maria.

    1. Re:Half hour with plumbing parts, no tools by scubamage · · Score: 3, Informative

      This is 100% true. My grandfather was a gunsmith. He showed me how you can use a rubber band, a nail, and an old car antenna to make a small calibre zip gun. Like you said, guns have been made from the 1300s. And almost every failure prone part has been engineered away and combined into a modern bullet (wadding, spark, gunpowder, projectile). At this point, most of what a gun does is hold a bullet in place so the primer can get hit by some kind of pin, and point the projectile and gasses somewhere.

  21. Re:I'm not "pro-gun"... by HornWumpus · · Score: 2

    That's called the 'button' method. You buy the carbide button at the same time you buy the chamber reamer, don't hand make anything.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  22. Ok, this I take exception with by rsilvergun · · Score: 4, Interesting

    because it's a completely false sense of security. Fascists couldn't care less about your semi or even full auto rifles. By the time you're at the point where you're considering violence as a solution to Fascism it's much too late. They'll have seized control of the army and the food supply and the army will do what they're told like they always have so long as they've got pay and food. And you will not win against an organized army, let alone a modern one with the backing of the state.

    And don't point out the Taliban. We're letting them have that 40%. We got the important parts (the oil pipeline we wanted).

    If you want to prevent fascism you need to strip them of their favorite tool for seizing power: poverty. Seriously, look at every single fascist dictatorship and they all started with desperate poverty and an aristocracy that was abusing the working class.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Ok, this I take exception with by halivar · · Score: 3, Insightful

      The people that would be called upon to do all this seizing are the military and police. Do you know any? Because all the ones I know are total and complete libertarian-leaning gun nuts. That whole hypothetical scenario you laid out will not proceed the way you think it will.

  23. Re:How does that cover fully automatic weapons? by swillden · · Score: 2

    As far as I know you can't manufacture the parts needed to turn a semi auto into full auto even though it's trivial to do so.

    You can manufacture any gun you can legally possess. Since you can't legally possess a fully automatic firearm (without a tax stamp, and even then only if the gun existed prior to 1986, which by definition it didn't if you're building it in 2018), you can't manufacture one. Manufacturing the parts so that you can turn a semi auto into full auto in minutes is equivalent to manufacturing a fully automatic firearm.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.