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US Supreme Court Allows Biden To Regulate 3D-Printed Firearms - Slashdot

 1 year ago
source link: https://yro.slashdot.org/story/23/08/09/0148254/us-supreme-court-allows-biden-to-regulate-3d-printed-firearms
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US Supreme Court Allows Biden To Regulate 3D-Printed Firearms

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Long-time Slashdot reader SonicSpike shares a report from NBC News: A divided Supreme Court on Tuesday allowed the Biden administration to enforce regulations aimed at clamping down on so-called ghost guns -- firearm-making kits available online that people can assemble at home. The court, which has a 6-3 conservative majority, in a brief order (PDF) put on hold a July 5 ruling by a federal judge in Texas that blocked the regulations nationwide. The vote was 5-4, with conservatives Chief Justice John Roberts and Justice Amy Coney Barrett joining the three liberal justices in the majority.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly known as ATF, issued the regulations last year to tackle what it claims has been an abrupt increase in the availability of ghost guns. The guns are difficult for law enforcement to trace, with the administration calling them a major threat to public safety. The rule clarified that ghost guns fit within the definition of 'firearm' under federal law, meaning that the government has the power to regulate them in the same way it regulates firearms manufactured and sold through the traditional process. The regulations require manufacturers and sellers of the kits to obtain licenses, mark the products with serial numbers, conduct background checks and maintain records.
  • They just reversed a lower court's ruling while it's litigated.

    Biden et al can go ahead for the time being.

      • Re:

        Did you know that six Supreme Court Justices are Catholic, like Biden?

        • Re:

          Did you know that took a LOT longer than Biden's Presidency or Vice Presidency, like stop clickbaiting bullshit?

          I don't like Biden either, but seriously. The fuck was your point name dropping.

      • Re:

        We got Biden in by him being a better candidate. Yeah, Trump got more votes than he did previously... but he still got less than Biden. Because enough people hate Trump strongly enough that they came out in droves to support Biden. Trump also lost the first time... but... electoral college. Twice impeached, three times indicted, rapist, one term loser president.
    • Re:

      I'm not surprised that Roberts voted with the libs. He's done that on other issues.

      ACB is more interesting. She's usually to the right of Kavanaugh.

    • Yep, it's a terrible FA. Right on the cusp so that you can't tell if it's incompetent reporting or dishonest reporting without digging into the writer.

  • Anyone with a 3D printer can print stuff. Good luck on regulating that.
    • Biggest complaint is that it got "too easy" between jigs that could be run on a 80% receiver with a drill in a press mount or a drill press to straight up 3d printing.

      Thing is, making your own gun has always been legal. Up until 1986 you could even make your own machine gun - just had to get permission and pay the $200 tax first.

      But the ATF and government want things to be hard. The ATF argues that anything that can be "easily converted" is a machine gun. Their idea of "easily converted" ? A skilled machinist in a shop full of all the needed tools and 8 hours of time. A skilled machinist could make a machine gun from tube and bar stock in that amount of time....

      • Those aren't 3d printed guns, they are 80% receiver guns. So I guess I should go back and read the article instead of the/. synopsis.
      • Re:

        I consider myself a skilled machinist. I can write CNC G-Code in my sleep.

        There's no way I could make a machine gun from bar stock in 8 hours. Maybe 8 days.

          • You could make the machine if you didn't have one though. There's very little that a determined machinist can't do if they set their mind to it. Time and materials are the only hitches.

        • Sure, but this issue is only about the receiver and maybe a couple of small parts to enable full-auto. Not all the other stuff like the barrel, trigger group, bolt assembly, etc. All that stuff can be purchased without an ID over the counter.
    • Re:

      I'm going straight to 4D. No rules.
      • Re:

        I win go one better than you by going 5D!

        For a while it will only be 4D+...but I won't tell you where or when that happens.

        Thanks AT&T !

    • Re:

      Well, the situation with chemistry experiment sets is nearly identical - anyone who has one of these can make many different chemistry experiments, but some chemistry experiments may have unpleasant legal consequences for the chemist.

    • Re:

      Anyone with a metal lathe could machine "ghost" AR lowers and full-auto sears decades ago.

      Anyone (meaning enough) believes what their leaders are selling or distracting them with. Good luck on regulating ignorance or stupidity. Humans are compared to lemmings for valid reason.

    • it's about arresting people who are printing ghost guns. It lets you take potentially dangerous criminals off the streets and restrict their access to firearms.

      Laws and rules like this are often how we get firearms out of the hands of domestic abusers and animal abuses before they go on shooting sprees, or how we break up some of the more violent gang activity so we don't start getting mafioso again.

      Now, that's an absolutely terrible way to address those problems, but we don't want to do the other s
      • Re:

        So people who are already breaking the law will balk at violating new ATF regulations? No, no they will not.

        If they want to use 3D printers, lathes, mills, and other equipment to create illegal unregistered firearms then they will do so. And the knowledge of how to do this already exists.

      • Re:

        Its all about taking it to right wingers. A lot of right wingers either are firearm enthusiasts, or support the idea. Liberals view regulating as attacks. Its what you do to people you don't like. From the Hunter Laptop, an email from

        https://bidenlaptopemails.com/... [bidenlaptopemails.com]
        From:"Eric Schwerin"
        To:[email protected]
        Date:2010-05-21 08:44...
        3) Izzy may also be concerned with the attacks on High Frequency Trading. I need to confirm, but I believe Ted put language into the bill which directs the SEC to study HF

    • Re:

      Funny. Let's totally pretend like "Anyone with X can do Y" hasn't been regulated and enforced for most things since forever, right?

  • The US argued that ATF’s rule regulating gun kits and partially assembled frames fits comfortably within Congress’s definition of a firearm as “any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” The fact that the parts require assembly or conversion to become a working weapon is accounted for in that language, The US argued.

    “If a state placed a tax on the sale of tables, chairs, couches, and bookshelves, IK

    • Plain text of the law. [congress.gov] It seems pretty clear, "ghost guns" or "kit guns" were already covered under the firearms law and have been since 1968.

      " (3) The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. "(4) The term destructive device means— " (A) any explosive, incendiary, or poison gas (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled."

    • Re:

      In most of the world manufacturing of anything that is legally defined as a "firearm" is heavy regulated in the most abstract terms, so it doesn't really matter if one 3D prints them, turns them on a lathe/mill or forming. It won't matter even if you eventually snatch a working replicator from a visiting band of your favorite Sci-Fi characters from the future.

    • Re:

      Why does this one get brought up so often in these types of discussions?

      Government already decided the nuclear material needed to make a nuke is, itself, highly regulated. So for that reason alone, it really is a poor comparison to just about any projectile type weapon you could complain you should have a right to build/own/use.

      I'm very much libertarian but I believe there are definitely extremes you can go to, where the issue stops being about what YOU have a right to do. You're unable to exercise that rig

      • Re:

        So if government decided gunpowder is, itself, highly regulated? As for projectile weapon, that's a semantic BS.. a nuke could easily be made into a projectile weapon no different than an armor piercing bullets. And you know what, unlike gunpowder, uranium is just a purified version of an element freely present on Earth.. it's not a mixture of stuff. How can you guys tell me I can't purify a natural substance Jesus placed on the Earth? How cod you derive that God specified gunpowder placed in such a manne

      • Re:

        The people that created the govt and gave it any power, limited the power they handed it. One of the things they explicitly stated was the right to arms shall not be infringed. Avg people at the time had all the weapons the govt had.
        Does nuclear matter? I've seen conventional explosions over in Ukraine recently on twitter that resembled small nuclear devices. An actual nuclear device causes such fallout, its use is impractical.

  • How many criminals are going to the trouble of using "ghost guns"?

    So far as I can tell criminals just use normal guns. They don't want to fuss with the unreliability of kit guns. They can just buy stolen guns illegally all day long so why not use those?

    "Ghost Guns" are only used by hobbyists, and not really a threat to anyone.

    If you look at some stats of ghost guns used in crimes [everytownresearch.org], you find the number is pretty tiny - and a lot of the "crimes" involve things like people shooting themselves.

    Also that article

    • Re:

      It is, in fact, a problem and a growing one. [fas.org]

      There have been over 37,000 ghost guns recovered since 2017, with a 1083% increase in recoveries from 2017-2021. The recovery of these firearms is likely underreported, with many law enforcement agencies not having the reporting tools or training required to recognize and trace unserialized weapons.

      The use of ghost guns — homemade firearms that can be built from parts bought online or with 3D printers — in U.S. crimes has risen more than 1,000% s [cbsnews.com]

      • There have been over 37,000 ghost guns recovered since 2017

        You may want to try reading my post again, al the way through....

        Because the article I linked to says "Ghost Gun" is defined by any gun without a serial number - which includes non-kit normal guns with serial numbers filed off.

        I am pretty sure your article is mistakenly conflating 3D printed guns in those stats, because no way are there that many 3D printed guns used in crimes, or even held by criminals. As I also stated in my original post, there

        • Re:

          Yeah, most of the guns used in crimes come from the gun friendly states and are smuggled into the more restrictive ones.
          • Re:

            Yeah, most of the guns used in crimes come from the gun friendly states

            Uh-huh. I'm sure none at all come from Mexico, which has at this point a completely open border...

            If you want to ban guns, can't do it without strict border control. But we've always seen that the heaviest gun control states have plenty of guns already floating around, they really don't need to go out of state... they'll just steal what they want. They are after all criminals... not sure why people seem to think more gun laws would me

            • Re:

              Actually no; it's the other way around. In fact, something like half a million guns are illegally brought from the US into Mexico every year; it's part of the reason the cartels there are out-gunning the police. You're also wrong about guns within the US; in California, roughly 60 percent of guns recovered from crime scenes were purchased from out of state.

              Crime requires motive, means, and opportunity. You are correct that gun control laws don't do a thing about motive, but they do restrict means and opport

              • You are correct that gun control laws don't do a thing about motive, but they do restrict means and opportunity

                They absolutely do not restrict means or opportunity. If they did gun crime would be better in high gun control states - not worse.

                And many countries are Europe, which have even far stricter gun laws, are finding that with more criminals moving in with the migrant population, gun laws mean nothing there and gun crime is shooting up. They aren't getting those guns from nearby states. They are doin

  • As are all other regulation of guns. These gov't edicts only matter to the law abiding, those people who use them responsibly. The criminals, on the other hand, ignore such laws, do as they please, acquire their firearms by any means available, and wreck havoc with them when it so suits them. Meanwhile, the law abiding who are usually the targets of the criminals are now at a disadvantage since they have found it too much trouble to mess around with the government, jump through its hoops, and have neg

  • The article doesn't mention Biden at all, other than the title and opening line. Does he have any involvement in this?
    • Re:

      Yes. Biden recently appointed Steve Dettelbach as the Director of the ATF. The ATF is part of the Department of Justice, headed by the Attorney General Merrick Garland, whom Biden also appointed. Merrick Garland serves as a member of Biden's Cabinet and effectively with the purpose of implementing the president's policies.

      In this official Whitehouse news release [whitehouse.gov], the Biden administration describes how they pursuing this issue

  • Why does the title talk about 3D printed guns? Kits are collections of pieces sold by someone. An actual 3D printed gun... okay, if it isn't your printer you might argue the person who owns the printer is selling the parts, But if it is your printer then no.

    There are gunmakers the ATF has no authority over already, though. As long as they never sell across state lines (interstate commerce), the ATF mas no jurisdiction at all. I am aware of a few, but not in my own state and hence of little interest to me (

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