Saturday, September 24, 2022

3D Printed Guns and Homemade Guns

Rigby, Knight v. Delaware, memorandum opinion (D.Del. 2022) issued a preliminary injunction against enforcement of a new Delaware law on this subject and denied Delaware's motion for summary judgment to defend the new laws.

Along with federal regulations aimed at these, Delaware passed laws prohibiting 3D printing of guns and gun components and:

Second, § 1463(c)(1) limits using “a three-dimensional printer[4] or similar device to manufacture or produce a firearm,[5] firearm receiver,[6] or major firearm component [7] by a non-licensed manufacturer.” In addition, § 1463(c)(2) makes it unlawful to “[d]istribute[] by any means, including the internet, to a person who is not licensed as a manufacturer, instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a threedimensional printer to manufacture or produce a firearm, firearm receiver or major component of a firearm.” 11 Del. C. § 1463(c)(2)....

In Ezell v. City of Chicago, the Seventh Circuit struck down a Chicago ordinance that simultaneously (1) permitted only those who have trained at a firing-range to possess firearms and (2) barred firing-ranges within city limits. The Seventh Circuit reasoned that “[t]he right to possess firearms for protection implies a corresponding right to acquire and maintain proficiency in their use; the core right wouldn’t mean much without the training and practice that make it effective.” 651 F.3d 684, 704 (7th Cir. 2011). Similarly, here, the right to keep and bear arms implies a corresponding right to manufacture arms. Indeed, the right to keep and bear arms would be meaninglessif no individual or entity could manufacture a firearm. 

Now this is all preliminary injunctions stage before this goes to trial but Bruen is likely to sink a lot of laws on this subject. 


No comments:

Post a Comment