2A Newsletter: April 30th

3D Printed Gun Plans Can Be Printed Online

While Biden gave the Department of Justice a 30 day deadline to propose a ban on 'ghost guns' earlier this month, the Ninth Circuit Court made a ruling this Tuesday declaring that plans for 3D printed firearms can be posted online without approval from the U.S. State department. The 9th U.S. Circuit Court of Appeals reinstated a Trump administration order that permitted removal of the guns from the State Department’s Munitions List.

Beginning in December 3rd, 2013, the House of Reps passed an extension on the Undetectable Firearms Act of 1988 for another 10 years. The Undetectable Firearms Act declares that any firearm that cannot be detected by a metal detector is illegal to manufacture, so legal designs for firearms made from polymer or other undetectable materials require a metal plate to be inserted into the printed body. 

On August 27th 2018, a  US federal judge blocked Defense Distributed from uploading their 3D- printed gun blueprints online. Judge Lasnik imposed a temporary restraining order on Wilson, but that was due to expire, so he then mandated a preliminary injunction that blocked the online distribution of 3D gun blueprints in the United States while the legal proceedings are ongoing. 

Over two years later in January 2020, the trump administration published a rule change which removed  3D-printed gun blueprints from the munitions list and transfer administrative authority over them to the Commerce Department. However in March 2020, Judge Jones blocked the rule change and the Ninth Circuit Court of Appeals overturned that ruling this week.

Biden Urges Congress to Pass Gun Control

This Wednesday, Biden urged congress to  ban assault weapons and high capacity magazines. Shortly after declaring high capacity mags as unnecessary, Biden had stated that, “We need a ban on assault weapons and high capacity again. Don’t tell me it can’t be done. We did it before and it worked”. 

He also urged the Senate to pass gun control and called on Senate Republicans to support the House-passed bills that are currently sitting in The Senate. Biden stated “I don’t want to become confrontational but we need more Senate Republicans to join with the overwhelming majority of their Democratic colleagues, and close loopholes and require background checks to purchase a gun”.

The two house passed bills that are sitting in the senate would strengthen background checks and extend the time federal investigators have to conduct background checks.

Supreme Court Takes On A Major 2A Case

The Supreme Court hasn't ruled on a case surrounding gun rights in nearly a decade, although that is about to change. This week SCOTUS agreed to take on  New York State Rifle & Pistol Association v. Corlett. This case is a challenge to a New York law that makes it nearly impossible for an ordinary law-abiding citizen to receive a concealed carry license. Currently New York only allows its residents to carry a concealed handgun if they can demonstrate a special need beyond a general desire for self-protection.

The New York State Rifle & Pistol Association is joined by several plaintiffs who maintain that this law violates the Second Amendment. In a legal filing to the Supreme Court, they stated that this law 'flatly prohibits ordinary law-abiding citizens from carrying a handgun for self-defense outside the home cannot be reconciled with the [Supreme] Court's affirmation of the individual right to possess and carry weapons in case of confrontation.' and that 'the Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of 'the people' through some 'proper cause.' To the contrary, the Second Amendment exists to protect the rights of all the people."

New York’s Governor,Andrew Cumo, is defending the law stating that it’s necessary to ensure safety. Cumo is also calling on the federal government to pass harsher laws nationwide.

This case is expected to be heard during the courts next term early in the fall. If this case is ruled in favor, this would be another victory alongside heller and McDonald for Pro 2A Advocates. 

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