The Commerce Department will now be the Commerce Department’s 3D printing regulations. If they don’t have a license from the Bureau of Industry and Security, the Biden Administration could shut down websites that provide information on how to do this. This seems to be a thinly disguised ban on ghost guns by the Biden Administration.
RELATED STORY
Federal Court: Online posting of plans for 3D ghost guns is legal
3D Printing Regulations Scheme Could Ban Ghost Guns
A three-judge panel of judges from the 9th Circuit Court of Appeals ruled that website can post plans for 3D printed firearms (so-called “ghost weapons” in anti-gun parlance) without the approval of the U.S. State Department. The court also ruled that the International Security Assistance and Arms Export Control Act (a 1976 law) and any subsequent amendments prohibit judicial review of State Department decisions regarding items classified as a “defense article”.
“Because Congress expressly prohibited review of the relevant agency activities here, we vacate and remand avec instructions to dismiss,” wrote District Court Judge Ryan Nelson for the majority.
Critics considered the ruling to be a win for both First and Second Amendments. Now, according to a report at 3dprintingindustry.com, the Bureau of Industry and Security (BIS) announced a transfer of jurisdiction and “declared that anyone engaged in manufacturing, exporting or ‘furnishing’ 3D printed firearms become subject to Export Administration Regulations (EAR) instead.”
Licenses are required and more
In a nutshell: a BIS license will now be required to post online “any file, even CAD files, that once converted will then be in an executable cod for the production of firearms.” This language allows refusal to issue licenses to sites with such information. The regulation effectively shuts down businesses that fail to obtain the license.
Indeed, a FAQ page on the BIS regulations clearly states that such information would be a violation under the EAR and could result in severe administrative and criminal penalties. The Export Control Reform Act of 2018 provides that criminal penalties can be as high as 20 years imprisonment or $1 million for each violation. Administrative monetary penalties may reach $308,901 or twice the transaction’s value, whichever is higher. Violations to the EAR could result in the denial of certain export privileges for a long period of time.
Results from Heavy-Handed Workers
According to the FAQ, there is no grandfather clause in the policy. All plans posted immediately become in violation the new regulation.
It states that “Upon transfer to EAR, even previously published ‘technology’ or software’ becomes’subject’ to the EAR and requires a licence.” “Regardless of the date the ‘technology or software’ was posted for worldwide distribution, or how many times it may be exported, reexported or downloaded, the EAR applies to the ‘technology or’software that meets the criteria in section 734.7c.”
Anti-gun advocates know that finding a new way of regulating something after a court has ruled against it is a common occurrence. We don’t know if this scheme will be challenged in court. It is highly unlikely. As we get more information, we’ll continue to cover this topic.
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