Ghost Guns

Abstract

In May 2013, an American law student, through his company, Defense Distributed, posted instructions online for making a gun with a 3D printer. The instructions were downloaded at least 100,000 times in a matter of two days. The horrifying prospect of the rapid proliferation of untraceable weapons that could evade metal detection—“ghost guns”—unleashed an immediate government reaction that is still playing out. In the short history of 3D-printed guns, government documents present a complex and evolving picture of the interplay among the three branches of government and between the states and federal government. Initially, the U.S. State Department tapped export control regulations to force Defense Distributed to take the instructions off its webpage. A long, complex legal battle ensued. By 2018, with a new presidential administration in place, the State Department abruptly stopped opposing the online posting of 3D-printed gun instructions. With the State Department and Defense Distributed suddenly aligned, twenty state attorneys general took up the legal fight against 3D-printed guns. At the collective states’ request, a federal court issued a temporary restraining order and then a preliminary injunction to keep the 3D-printed gun instructions off the internet, but the case is ongoing. Meanwhile, bills have been introduced in Congress to criminalize the online publication of instructions for 3D-printed guns, and some states are pursuing their own legislative measures against 3D-printed guns. This article discusses the timeline of the story and the key legal and political issues at play.