Nine US states have just sued to stop the distribution of plans for 3D-printed weapons. But it may already be too late.
A multi-state lawsuit was filed Monday afternoon that seeks to block a government settlement that would give the public access to downloadable plans for 3D-printed weapons.
#BREAKING We are suing the State Department to stop the illegal distribution of 3D-printed guns. This is an imminent threat to public safety and we have a responsibility to ensure these guns are never available online in any form. pic.twitter.com/91I1tk5zQW
— Maura Healey (@MassAGO) July 30, 2018
Washington State Attorney General Bob Ferguson announced the lawsuit Monday morning, with Massachusetts, Connecticut, New Jersey, Pennsylvania, Oregon, Maryland, New York and the District of Columbia signing on.
"These downloadable guns are unregistered and very difficult to detect, even with metal detectors, and will be available to anyone regardless of age, mental health or criminal history," Ferguson said in the press release.
AG Ferguson announces lawsuit against Trump Administration to stop distribution of downloadable “ghost guns,” which anyone can print with a 3D printer pic.twitter.com/MdSExlQ1jO
— WA Attorney General (@AGOWA) July 30, 2018
Separately, 21 Attorneys General — including California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington State — have sent a letter (PDF) to the US State Department and the Department of Justice, asking them to immediately block the 3D-printed gun plans from appearing online.
Here's the letter in full:
In 2013, Cody Wilson, owner of Defense Distributed, debuted the world's first 3D-printed gun. In 2015, the weapon designer, which was joined by a gun rights organization, sued after the US State Department forced the removal of the instruction manuals from the internet.
Our federal government is allowing anyone armed with a computer and a printer to make and distribute guns, jeopardizing the safety of all Americans. We have filed suit to prevent that from happening. https://t.co/5wiM7eU9IJ
— Brian Frosh (@BrianFrosh) July 30, 2018
But last month, the State Department agreed to waive its prior restraint order against Wilson and Defense Distributed, allowing them to freely publish designs and other technical files, according to a press release from the Second Amendment Foundation. In the meantime, Wilson has reportedly been stockpiling new weapon designs, as well as working on a computer-controlled mill known as the Ghost Gunner that can automatically make functional AR-15 rifle parts out of a block of aluminum.
The State Department said it settled with Defense Distributed and SAF because the issues raised in the lawsuit won't be relevant to it in the near future when the Department of Commerce takes over the responsibility of regulating exports and manufacturing of commercially available firearms.
In a Tweet posted Monday morning, Wilson said, "I am now being sued by at least 21 state attorneys general."
I am now being sued by at least 21 state attorneys general. If you want your Second Amendment online, THIS is the fight. Join me: https://t.co/vEBBktsKS6
— Cody R. Wilson (@Radomysisky) July 30, 2018
"We are prepared to litigate," Wilson said in an emailed statement to CNET. "The American people have the unquestionable right to access this information."
In the legal complaint, released Monday afternoon, the states argue that once the 3D-printed weapon plans have been published to the internet on Wednesday, it will be "a bell that cannot be un-rung."
But it turns out that Defense Distributed actually rang that bell before the lawsuit was filed. In an email, Wilson said he had uploaded the plans to its website on July 27 and that they were already available to download. Defense Distributed was initially planning to make the files available on Aug. 1.
Sure enough, CNET was able to download copies of plans for one gun from the website.
Wilson said his site was IP blocked in New Jersey, Pennsylvania and Los Angeles, meaning visitors with IP addresses in those places can't easily reach it. He also said the site had "been under attack," though he was working on it.
Update, 6:03p.m. PT: Adds the lawsuit has now officially been filed. You can read the full complaint below: