3D Printed Guns Not Yet Officially Removed From USML Despite Court Opinion, State Dept. Says
Although a court opinion last week cleared the way for exports of 3D-printed guns to be removed from State Department jurisdiction, the guns will continue to be covered under the agency’s U.S. Munitions List until the ruling is made official, the State Department said.
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The opinion, issued April 27 by the U.S. Court of Appeals for the 9th Circuit (see 2104270089), will eventually allow the State Department to complete its transfer of 3D printed weapons from the USML to the Commerce Control List, a process begun by the Trump administration as part of an effort to transfer a host of gun export controls to the Commerce Department. The effort was delayed after a Washington court last year granted a request to temporarily block the transfer of 3D printed guns (see 2003090029), a block that is still in effect despite the court’s opinion last week, the State Department said.
“Although the Ninth Circuit issued an opinion holding that the district court lacked jurisdiction to enter the preliminary injunction and remanding to the district court with instructions to dismiss the complaint, the preliminary injunction remains in effect until the mandate of the Ninth Circuit issues,” the State Department’s Directorate of Defense Trade Controls said in an April 30 notice. “Only once the Ninth Circuit issues its mandate will the preliminary injunction be vacated and the district court reassume jurisdiction such that it may dismiss the case.” DDTC added that “until that happens, the status quo continues.”
Exporters that treat 3D printed weapons as items subject to the CCL, including those that assume 3D-printed firearm files “may now be legally posted on the internet for unlimited distribution,” could be subject to penalties, DDTC said. The agency stressed that exporters of those items and files are still subject to the Arms Export Control Act and International Traffic in Arms Regulations. Even after the transfer is completed, DDTC said that Commerce plans to maintain some restrictions over what kinds of technology and software related to 3D weapons printing can be posted on the internet (see 2007080037). The agency said it will provide more guidance “as appropriate.”