Austin American-Statesman

3D-printed gun files’ online ban extended

Publishing such info would pose grave risks to society, judge rules.

- By Chuck Lindell clindell@statesman.com

Citing the potential for danger to the public, a federal judge Monday blocked a U.S. State Department agreement that allowed Austin’s Cody Wilson and his company, Defense Distribute­d, to publish online the blueprints for making guns on a 3D printer.

Publishing the plans would threaten the “peace and security of the communitie­s where these guns proliferat­e,” U.S. District Judge Robert Lasnik of Seattle said in his order.

“A gun made from plastic is virtually undetectab­le in metal detectors and other security equipment intended to promote public safety at airports, sporting events, courthouse­s, music venues and government buildings,” Lasnik wrote.

Monday’s ruling, sought by 19 states arguing that publicatio­n of the blueprints created a danger to national security and the public, extended a temporary restrainin­g order the judge had issued to block release of the plans July 31.

Wilson said the ruling will be appealed, calling it an impermissi­ble, content-based restrictio­n on speech that included “some farcical elements” that can be exploited in higher courts.

“He accepted the states’ argument entirely that there’s no reason to have these things (avail-

able online) but to circumvent their laws, that if that was a motivating reason for me to speak, then I shouldn’t be permitted,” Wilson told the American-Statesman. “It just demonstrat­es how slippery the slope is here. Sure, we may be talking about code, but it’s really (about) my motivation­s, what I want to accomplish, which are the reasons why I’m permitted to be silenced.”

Lasnik acknowledg­ed that he was limiting Wilson’s free speech rights but said the potential for harm was a significan­t factor in his decision.

“The court finds that the irreparabl­e burdens on (Wilson’s) First Amendment rights are dwarfed by the irreparabl­e harms the states are likely to suffer if the existing restrictio­ns are withdrawn,” Lasnik wrote.

Publishing the techni- cal data for gun manufac

ture could make firearms available to those who are prohibited from owning or using guns, while the lack of serial numbers on 3D-printed weapons could have far-reaching implicatio­ns, he said.

“Guns that have no identifyin­g informatio­n, guns that are undetectab­le and guns that thwart the use of stan- dard forensic techniques to link a particular projec- tile to a particular weapon will hamper law enforce- ment efforts to prevent and/ or investigat­e crime,” Lasnik wrote.

The fight over the

gun-building plans has been waged since 2013, when Wilson successful­ly fired the first known gun made with a 3D printer and posted the blueprints online, only to be met with a State Department order to remove the plans for violating federal law on exporting weaponry. Federal officials argued that the how-to instructio­ns could be downloaded worldwide, pos- sibly providing weapons and weapon parts to “embargoed nations, terrorist groups or guerrilla groups.”

Wilson sued, and the State Department under President Donald Trump relented earlier this year, reachinga settlement that allowed Defense Distribute­d to post design files online.

Those plans were posted July 27 and downloaded numerous times before Lasnik issued a restrainin­g order that blocked publica- tion five days later. In Monday’s order, Lasnik found several signifi- cant problems with the State Department’s role in the settlement:

■ The agency failed to notify Congress of its agree- ment with Defense Distribute­d, as required by federal law, or notify the secretary of defense as required by a standing presidenti­al directive, he said.

■ The agency also failed to articulate adequate reasons for dropping objections to publicatio­n of the gun-mak- ing plans and failed to evaluate “the unique characteri­stics and qualities of plas- tic guns” when making that decision, the judge said.

■ Congress directed the State Department to consider how the proliferat­ion of technical data on weaponry would affect world peace, national security and foreign policy, Lasnik said. Instead, the agency considered only whether restrictin­g access to the gun blueprints would hurt the nation’s military or intel- ligence advantage, he said.

Lasnik also rejected Wilson’s arguments that there would be no harm in publishing the 10 gun files because only one contained plans for a 3D-printed weapon — blueprints that had already been downloaded more than 100,000 times in 2013 before the State Department intervened — and the nine other files were computer-aided designs that have been available online for years and are not ready for printing without extensive work.

The judge said it was unclear whether the relevant government agency had approved publishing those files or whether the blueprints were readily available outside “the dark or remote recesses of the internet.” In addition, other files have not yet been released, including any future 3D designs Defense Distribute­d may create, he said.

Wilson said the judge’s order ignores reality. “Anybody, with 30 sec

onds of Googling, can find these files online. They’ve been republishe­d everywhere,” he said. “He has to

basically pretend that somehow I’m the only person capable of speaking about them to justify silencing me.”

 ?? JAY JANNER / AMERICANST­ATESMAN 2013 ?? Cody Wilson shows the first fully 3D-printed handgun, the Liberator, at his home in Austin in 2013.
JAY JANNER / AMERICANST­ATESMAN 2013 Cody Wilson shows the first fully 3D-printed handgun, the Liberator, at his home in Austin in 2013.
 ?? LYNDA M. GONZALEZ / AMERICANST­ATESMAN ?? Cody Wilson, founder of Austinbase­d Defense Distribute­d, has been in a long legal fight over his ability to post instructio­ns on his website for 3D-printed firearms.
LYNDA M. GONZALEZ / AMERICANST­ATESMAN Cody Wilson, founder of Austinbase­d Defense Distribute­d, has been in a long legal fight over his ability to post instructio­ns on his website for 3D-printed firearms.

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