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posted by martyb on Thursday November 14 2019, @10:08AM   Printer-friendly
from the now-it's-Defense...Disturbed? dept.

Trump deal to share 3D-printed gun blueprints online ruled 'unlawful'

A federal judge has struck down a decision by the Trump administration to allow blueprints for 3D-printed guns to be shared online.

In a ruling published Tuesday, Judge Robert Lasnik said the deal made in July last year was "arbitrary and capricious" and thus a violation of the federal Administrative Procedure Act and the Constitution.

The original deal was part of a settlement between the Justice Department and Texas-based nonprofit Defense Distributed, which garnered worldwide attention in 2013 with its claims to have created the world's first "100 percent 3D-printed gun." The dissemination of plans for the gun was blocked by the Obama administration, but last year Defense Distributed successfully sued the government and had the ban reversed, arguing that it was a free speech violation.

[...] Bloomberg notes that the decision may still have limitations, given that Defense Distributed worked around a previous, temporary ban on downloading plans by simply mailing blueprints directly to customers. Said [spokesperson Chad] Flores: "The speech these states want so badly to censor is already on the internet and always will be."

Also at Bloomberg, NYT, and CBS.

Previously: Landmark Legal Shift for 3D-Printed Guns
[Updated] Defense Distributed Releasing Gun Plans, President Trump "Looking Into" It
Federal Judge Imposes Preliminary Injunction Against Defense Distributed's DEFCAD


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  • (Score: 5, Insightful) by bzipitidoo on Thursday November 14 2019, @12:24PM (11 children)

    by bzipitidoo (4388) on Thursday November 14 2019, @12:24PM (#920298) Journal

    Gun control is one thing. That operates at the material level. But this censorship of mere plans-- even apart from the infringement on our freedoms, do authorities seriously expect that to be effective? Law enforcers are always pushing the boundaries on this stuff, and their zealousness has to be constantly checked.

    • (Score: -1, Troll) by Anonymous Coward on Thursday November 14 2019, @01:51PM (2 children)

      by Anonymous Coward on Thursday November 14 2019, @01:51PM (#920323)

      Keep telling yourself that red neck nutbar.

      • (Score: 2, Touché) by Anonymous Coward on Thursday November 14 2019, @03:05PM

        by Anonymous Coward on Thursday November 14 2019, @03:05PM (#920355)

        The sheer amount of evidence you provided and the eloquent rebuttal of the OP's statements have instantly converted me to your beliefs and way of thinking.

      • (Score: 0) by Anonymous Coward on Saturday November 16 2019, @06:46PM

        by Anonymous Coward on Saturday November 16 2019, @06:46PM (#921034)

        in case you're not just trolling. go read the federalist papers and learn what the 2a is actually for and what arms The People are supposed to have.

    • (Score: 3, Interesting) by khallow on Thursday November 14 2019, @02:39PM (5 children)

      by khallow (3766) Subscriber Badge on Thursday November 14 2019, @02:39PM (#920345) Journal
      Note that the censorship was done under ITAR [wikipedia.org] (International Traffic in Arms Regulations) which IMHO is the worst violation of the First Amendment in modern times. You can run afoul of the law, if you talk about the forbidden subjects (military weapons, rocketry, etc) to non US citizens. The censorship will be effective enough to keep most businesses out of it.

      Law enforcers are always pushing the boundaries on this stuff, and their zealousness has to be constantly checked.

      Indeed.

      • (Score: 1, Troll) by exaeta on Thursday November 14 2019, @02:51PM (4 children)

        by exaeta (6957) on Thursday November 14 2019, @02:51PM (#920350) Homepage Journal
        The government is evil. Civil disobedience is a thing. That and foot dragging them into the Courts. Every citizen should drag the government into the courts unless your circuit has already ruled finally in favor of these bans until the Supreme Court agrees to hear the case. Note I said finally, not in favor of a preliminary injunction. And if the Supreme Court upholds it, repeat each time a new justice is appointed.
        --
        The Government is a Bird
        • (Score: 0) by Anonymous Coward on Thursday November 14 2019, @04:32PM (3 children)

          by Anonymous Coward on Thursday November 14 2019, @04:32PM (#920395)

          Some parts of government are evil.

          Maybe we should bring back "conservatives are literally nazis" if you want to play that dumb absolutist game.

          • (Score: 1) by khallow on Friday November 15 2019, @01:44AM (2 children)

            by khallow (3766) Subscriber Badge on Friday November 15 2019, @01:44AM (#920581) Journal
            Sounds like a productive use of your time.
            • (Score: 0) by Anonymous Coward on Friday November 15 2019, @06:23AM (1 child)

              by Anonymous Coward on Friday November 15 2019, @06:23AM (#920621)

              In the "off-season" now, are we, khallow? Nothing to do, but foment Vienna Circle libertatianism until the snow melts and the passes open in the spring? Living off of socialist "unemployment insurance", are we? Unemployment from your "Deep State" contracting job? Q is on to you!!!

              • (Score: 1) by khallow on Friday November 15 2019, @02:11PM

                by khallow (3766) Subscriber Badge on Friday November 15 2019, @02:11PM (#920688) Journal

                Living off of socialist "unemployment insurance", are we?

                For what it's worth, I'm not, but I could be. One can collect unemployment insurance for being between seasonal employment.

    • (Score: 2) by hemocyanin on Thursday November 14 2019, @05:34PM

      by hemocyanin (186) on Thursday November 14 2019, @05:34PM (#920423) Journal

      ... do authorities seriously expect that to be effective ...

      I don't think so. I think it is a mixture of virtue signaling and working to overturn the 2A the hard way -- one person at a time.
      A non-violent felony will cause a person to lose their gun rights for life.

    • (Score: 2) by DeathMonkey on Thursday November 14 2019, @07:14PM

      by DeathMonkey (1380) on Thursday November 14 2019, @07:14PM (#920468) Journal

      This should have been a slam dunk case but the Trump admin is such a bunch lying incompetents the judge was forced to throw it out.

  • (Score: 0) by Anonymous Coward on Thursday November 14 2019, @02:34PM (5 children)

    by Anonymous Coward on Thursday November 14 2019, @02:34PM (#920342)
    I downloaded those files and I'm still distributing those files on my website. What are you gonna do now? If everyone does the same thing, the government is gonna need to sue a lot of people.
    • (Score: 0) by Anonymous Coward on Thursday November 14 2019, @03:16PM (1 child)

      by Anonymous Coward on Thursday November 14 2019, @03:16PM (#920362)

      They only have to put a few like you in jail for 20 years for that to stop.

      • (Score: 1, Insightful) by Anonymous Coward on Thursday November 14 2019, @05:14PM

        by Anonymous Coward on Thursday November 14 2019, @05:14PM (#920410)
        It's called the First Amendment. What the government is doing is unconstitutional, and they know it. I'm noy being sued nor suing, so that injunction doesn't apply to me. Prior restraints are unconstitutional after all. My circuit is conservative so if they do arrest me I have a very good chance of winning. And if the Supreme Court did pick up the case, for whatever reason, they are also conservative and would rule in my favor. As long as stay out of the 9th Circuit, I'm good. :)
    • (Score: 3, Interesting) by Fnord666 on Thursday November 14 2019, @03:43PM (2 children)

      by Fnord666 (652) on Thursday November 14 2019, @03:43PM (#920374) Homepage

      I downloaded those files and I'm still distributing those files on my website. What are you gonna do now? If everyone does the same thing, the government is gonna need to sue a lot of people.

      I'm assuming there's a magnet link available somewhere for the files?

  • (Score: 0) by Anonymous Coward on Thursday November 14 2019, @03:49PM (1 child)

    by Anonymous Coward on Thursday November 14 2019, @03:49PM (#920375)

    I don't remember a federal judge from the opposing party being assigned to impede every aspect of the current government's policy in previous administrations.

    • (Score: 0) by Anonymous Coward on Thursday November 14 2019, @04:00PM

      by Anonymous Coward on Thursday November 14 2019, @04:00PM (#920381)

      america is a communist country.

  • (Score: 2) by mobydisk on Thursday November 14 2019, @06:48PM (2 children)

    by mobydisk (5472) on Thursday November 14 2019, @06:48PM (#920461)

    Aren't the plans for actual guns readily available from the USPTO since they are patented? All patent filings are public domain. I thought that most guns sold today were based on famous designs by people like Samuel Colt and Mikhail Kalashnikov, and the patents have expired. Gun manufacturers take those open-source plans and make their own variations of them. Why would a plastic gun design be any different? Is there a process to "hide" a patent from the patent office web site? [uspto.gov]

    • (Score: 2) by Spook brat on Thursday November 14 2019, @08:10PM (1 child)

      by Spook brat (775) on Thursday November 14 2019, @08:10PM (#920484) Journal

      Most, yes. The Defense Distributed plans probably aren't. There's a remote chance of them being licensed creative commons something-or-other, but since Cody didn't plan to prevent others from building or selling them there would be no point in filing for a patent.

      Also, if you look at the design files for the 3d-printed plastic gun Cody designed it's obvious that it's not a modification of a metal gun design. Working around the barrel/chamber size required to hold and fire the round forced lots of changes to the design of the rest of the gun. Patentable, yeah maybe; patented, probably not.

      tl;dr: the way to hide an invention from the uspto is to never file an application.

      --
      Travel the galaxy! Meet fascinating life forms... And kill them [schlockmercenary.com]
      • (Score: 5, Interesting) by hemocyanin on Thursday November 14 2019, @08:53PM

        by hemocyanin (186) on Thursday November 14 2019, @08:53PM (#920496) Journal

        The license for the DD files noted on defcad is GPL v3.0: https://github.com/DefiantCad/defcad-repo [github.com] That includes the original Liberator. I'm not easily finding what license Cody Wilson initially used, but given his anarchic views and his multiple public statements about "releasing them to the public domain(*)" -- the license is sure to be permissive in nature, although whether the files were donated to the copyright-public-domain space or not isn't clear to me.

        (*) It's hard to tell if by "public domain" Wilson meant the copyright type, or the definition of public domain from ITAR: https://www.dailydot.com/layer8/cody-wilson-itar-state-department-liberator-supreme-court-gun-control/ [dailydot.com]

        Let’s say you want to export schematics for a gun that are already publicly available, information you could find in a library or on a magazine stand. That data would exist within what the ITAR calls the “public domain.” You’re safe to do with it as you please—no winding trip through State Department bureaucracy required.

        The public domain exemption is meant to shield corporations, nonprofits, or anyone else from attracting the State Department’s fury over simply distributing something that’s already freely available.

        Nowadays, however, most information that’s “freely available” is found on the Internet. But the ITAR’s definition of public domain was last updated in 1984, before the World Wide Web even existed. Naturally, the word “Internet” doesn’t even appear in the regulations.

  • (Score: 2) by hendrikboom on Friday November 15 2019, @02:47AM

    by hendrikboom (1125) Subscriber Badge on Friday November 15 2019, @02:47AM (#920596) Homepage Journal

    Wasn't this the gun that has a reasonable chance of blowing up in your hand? So an active mass shooter might off himself before the police even get there?

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