MILESFORTIS

Gun Bans Aren’t Enough for Everytown, Giffords

My colleague Tom Knighton did a great job of poking holes in Everytown’s new “study” accusing some of the biggest gun makers of intentionally arming criminals and turning a blind eye for gun trafficking, but there’s another aspect of the anti-gun group’s report that we need to talk about as well.

In addition to pointing the finger at the firearms industry, Everytown also wants politicians to crack down on tech companies; specifically, those who manufacture 3D printers.

The gun control group claims that the seizure of 3D-printed guns increased by 1,000% between 2020 and 2024, though in the 20 cities they examined that accounted for just 325 firearms seized last year. In its report on Everytown’s “study,” NPR claims that these guns “recovered at crime scenes,” though ATF trace data doesn’t distinguish between a gun that was recovered at the scene of a homicide versus a gun that was traced as a “firearm under investigation” or a “found firearm”.

Everytown also claims that “while these guns are just beginning to proliferate domestically, they have already caused harm prominently abroad, where 3D-printed firearms have been used in military conflicts in Myanmar, by crime organizations in Europe, and in a synagogue shooting in Germany.”

What Everytown doesn’t say is that the 3D-printed guns used in military conflicts in Myanmar are generally used by those resisting the military junta that seized power several years ago. I can understand why Everytown would like to ignore the fact that these guns are helping pro-democracy forces resist government tyranny, but the truth is that 3D-printed guns, like their mass-produced counterparts, are still inanimate objects that can be used for both good and evil.

Several blue states have already cracked down on home-built firearms, but those bans aren’t enough for Everytown and other gun control organizations. They want to see printer controls as well.

Gun control advocates say there are strategies to regulate the printing of these firearms. Companies that make 3D printers could develop algorithms to block the printing of firearms, for instance, or states could make it illegal to publish blueprints for 3D printing a gun.

“I think what makes sense is to explore all of (the strategies) right now, to have every approach and push it forward,” [Giffords Law Center Legal Director David] Pucino said, “because this is such a new area and it’s such a concerning threat.”

When you’re intent on shredding the Second Amendment, I suppose it’s not a big deal to infringe on our First Amendment rights as well.

Make no mistake, what Pucino is calling for is criminalizing speech. If the gun control groups had their way, we could be criminally charged and imprisoned simply for disseminating lines of code. Bernstein v. U.S. Dept. of Justice established more than twenty years ago that code is speech protected by the Second Amendment, so when Pucino says that states could make it illegal to publish codes used for 3D printing gun parts he is talking about putting people in prison for exercising their First Amendment rights.

The Anarchist’s Cookbook contains recipes for making explosives and illegal drugs, yet it remains available for sale in the United States and can be found online as well. If that is protected speech, then lines of code that can be used to help build a gun protected by the Second Amendnment clearly can’t be banned or made illegal.

Pucino might hate this fact, but home-built guns are a part of the national tradition of gun ownership in this country and are generally protected by the Second Amendment. 3D printing undoubtably makes it easier to build a gun at home, but advances in technology don’t cancel out our constitutionally protected rights.

The gun control lobby has become increasingly aggressive in its attempts to infringe on the First Amendment rights of gun owners and the firearms industry. California, for instance, passed a law that prohibited firearm advertising that “reasonably appears to be attractive” to minors that, thankfully, was struck down by the Ninth Circuit as a violation of the First Amendment. It and other blue states have also adopted public nuisance laws that allow for lawsuits against gun makers and sellers over the language and images used in their advertising.

Then there are those efforts aimed, not at government censorship of gun owners, but pressuring private businesses to prohibit peaceable assemblies of gun owners like Friends of NRA dinners. Those efforts aren’t necessarily direct attacks on our First Amendment rights, but when anti-gun politicians join in the calls to shut down these events they arguably do infringe on our right to peaceable assembly.

The push to ban code shouldn’t be seen in isolation, but as yet another front in the gun control lobby’s war on the First Amendment rights of those exercising their Second Amendment right to keep and bear arms.