Wednesday, September 26, 2012

Download, Print, Fire

[ed. Legal issues surrounding 3-D weapons printing technology.]

Imagine an America in which anyone can download and print a gun in their own home. They wouldn't need a license, a background check, or much technical knowledge, just a 3D printer. That's the vision a cadre of industrious libertarians are determined to turn into reality.

Last week, Wiki Weapon, a project to create the first fully printable plastic gun received the $20,000 in funding it needed to get off the ground. The project's goal is not to develop and sell a working gun, but rather to create an open-source schematic (or blueprint) that individuals could download and use to print their own weapons at home.

The technology that makes this possible is 3D printing, a process during which plastic resin is deposited layer by layer to create a three dimensional object. In the past few years 3D printers have become increasingly affordable, and just last week the first two retail stores selling 3D printers opened in the United States with models ranging from $600 to $2,199. (...)

According to Dave Kopel, the research director of the Independence Institute, it is legal to create pistols, revolvers and rifles at home, although some states are stricter than others. As long as an inventor isn't selling, sharing or trading the weapon, under federal law, a license isn't necessary. Homemade creations also don't need to be registered with the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and are legal for use by the individual who created the weapon.

But there are some exceptions to what can be printed legally. Military-grade weapons like machine guns, rocket launchers, sawed-off shotguns and explosives, as well as concealed firearms (like guns within phones or pens) need prior ATF approval before a manufacturer can create them. Federal law also requires "any other weapon, other than a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person" to be subject to ATF review. Since a potential Wiki Weapon would likely be "any other weapon", the ATF would probably have to approve a prototype, and the bureau has said as much.

Either way, if a fully functional plastic Wiki Weapon is printed, it may be illegal upon creation thanks to an obscure law from the late 1980s. In 1988, Congress passed the Undetectable Firearms Act after the Glock company provoked controversy by selling firearms made with plastic polymers. The technique, which was revolutionary at the time but is common in the industry today, alarmed many gun control advocates who were concerned that plastic guns wouldn't register in airport x-ray machines.

Gun rights advocates remember the uproar as hyperbolic because Glocks do contain metal, and x-ray machines don't even distinguish between metal and plastic. The legacy of the Glock controversy is a law that mandates that all US guns must contain at least 3.7 ounces of steel. However, the law is set to expire in December 2013. If Congress doesn't renew it, Wilson and company wouldn't have to worry about the legislation.

"I haven't felt any real heat yet, but I think it's very possible the project might happen outside of America or the files might be hosted outside of America," said Wilson who is cognizant of the statute. "The point of manufacture might also have to be outside of the United States."

Of course, even if a plastic gun is illegal, it would be incredibly easy to print if a schematic were available. Under US law there's nothing illegal about creating or sharing a schematic for a weapon unless that weapon is copyrighted or patented. Publications like the Anarchists Cookbook and nuclear bomb schematics are available online.

by Alexander Holz, The Guardian |  Read more: