Explore The NRA Universe Of Websites

APPEARS IN News

Never Enough: New York Lawmaker Wants Background Checks for 3D Printers

Monday, October 23, 2023

Never Enough: New York Lawmaker Wants Background Checks for 3D Printers

Some lawmakers hate the Second Amendment so much that they’re willing to rip up the rest of the U.S. Constitution to get to it. Such is the case in New York state where legislation has been introduced to regulate access to 3D printers by requiring retailers to run background checks on prospective purchasers.

Longtime gun rights supporters will recall that in early 2013, the already gun control-heavy Empire State hastily enacted the ill-titled NY SAFE Act. That sweeping anti-gun bill banned an array of commonly-owned semi-automatic firearms and commonly-owned magazines, criminalized the private transfer of long guns, and instituted an early red flag-type regime. The act also called for unworkable ammunition background checks, which were not implemented until this year.

Criminals never got the memo.

As it turns out, the onerous SAFE Act wasn’t much of a cure-all for violent crime. In fact, New York is less safe now than when the law was enacted. According to FBI data, the homicide rate in New York was higher in 2020, 2021, and 2022 than in 2012 or 2013. The state homicide rate was 33 percent higher in 2021 than in 2013. Overall violent crime was 9 percent higher in 2022 than 2013.

However, from the view of New York Assemblymember Jenifer Rajkumar, the state’s experience with gun control doesn’t represent a fundamental misunderstanding of human nature, it just shows New York hasn’t gone far enough.

On October 13, the Queens lawmaker introduced A08132, which would require 3D printer purchasers to undergo a firearm background check. Specifically, the bill provides,

Any retailer of a three-dimensional printer sold in this state which is capable of printing a firearm, or any components of a firearm, is required and authorized to request and receive criminal history information concerning such purchaser from the division of criminal justice services

Those found to be prohibited by the state from possessing firearms would be denied purchasing a 3D printer.

Under the bill, those planning to purchase a 3D printer would have to plan ahead. Rajkumar’s bill would give the state government a whopping 15 business days to process the background check request. However, 15 business days could be optimistic, as no retailer may proceed with the sale of a 3D printer before receiving affirmative “written notification” from the state allowing the sale to go forward.

Given that the legislation would cover printers capable of printing “any components of a firearm,” it could be interpreted as covering nearly all available 3D printers.

The bill is suspect on Second Amendment grounds. The U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen (2022) made clear that for a firearm regulation to pass constitutional muster it must fit within the text, history, and tradition of the Second Amendment right. Regulating the home manufacture of firearms for personal use is not part of “the Nation’s historical tradition of firearm regulation.”

The bill is even more bogus on First Amendment grounds.

3D printers have an almost infinite array of uses, many of which channel the user’s artistic, creative, and expressive energy. In other words, just like computers, phones, typewriters, the printing press, or modern 2D printers, 3D printers are tools for First Amendment conduct. A quick trip to Thingiverse or Etsy demonstrates how people use 3D printers to make and share all manner of artwork and other expressive content. Quite a bit of that content is explicitly political speech.

Requiring government approval for access to 3D printing technology is akin to 17th century British press licensing law. An item summarizing the British regime explained,

The ordinance prohibited the printing, binding, or sale of books except by persons licensed under authority of Parliament and made the Stationers the agent of Parliament for the purpose of licensing printers. Anonymous publications were banned, as were the reprinting or importation of previously printed works. The ordinance authorized the Stationers to conduct searches and seizures of unlicensed publications, destroy unlicensed printing machinery, and to arrest those suspected of printing without a license.

The First Amendment rejects this type of regime and imposes the utmost skepticism on any other type of prior restraint on speech. As the U.S. Supreme Court explained in Bantam Books, Inc. v. Sullivan (1963), “Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.”

Another way in which this may be examined is under scrutiny analysis. The 3D printer restriction should easily fail under strict or intermediate scrutiny. The measure is not narrowly tailored or substantially related to an important government interest as it imposes burdens on the vast majority of those seeking to use this technology for lawful purposes completely unrelated to firearms. Further, any computer code for 3D printing, even if it contains the blueprints for a firearm, should be protected under the First Amendment.

The legislation is also silly from a practical standpoint.

The truth is that gun offenders acquire firearms through avenues that are unlikely to be impacted by any government intervention, let alone a bizarre 3D printing law. According to the Department of Justice, 75 percent of criminals in state and federal state prison who had possessed a firearm during their offense acquired the firearm through theft, “Off the street/underground market,” or “from a family member or friend, or as a gift.”

By now no one expects the majority of the New York State Legislature to respect the Second Amendment. However, Rajkumar’s bill might provide some insight into just how much of the U.S. Constitutional they’re willing to trash along with it.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

New Orleans Tries an End-run around Constitutional Carry

News  

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. 

The UN’s Circle of Life

News  

Monday, July 8, 2024

The UN’s Circle of Life

The United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects (PoA) is now almost 23 years old.

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

News  

Monday, July 8, 2024

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less.

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

News  

Tuesday, July 2, 2024

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Second Amendment Foundation, Firearms Policy Coalition, and California Rifle & Pistol Association, filed a lawsuit challenging California’s 11% excise tax on gross ...

Bob Barr Elected NRA President, Doug Hamlin Elected to Serve as NRA Executive Vice President & CEO

News  

Monday, May 20, 2024

Bob Barr Elected NRA President, Doug Hamlin Elected to Serve as NRA Executive Vice President & CEO

Today, the Board of Directors of the National Rifle Association of America elected former U.S. Congressman Bob Barr as President of the NRA and Doug Hamlin as NRA Executive Vice President & CEO. The meeting ...

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

News  

Thursday, May 30, 2024

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

The National Rifle Association of America (NRA) scored a historic legal victory today in one of the most closely followed First Amendment cases in the nation. In a stinging rebuke of New York’s “blacklisting campaign” against ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.