Washington Moves to Regulate 3D Printers to Combat Ghost Guns

Washington lawmakers have introduced a new measure targeting ghost guns by focusing on the technology used to produce them. The recently proposed House Bill 2321 aims to mandate that most 3D printers sold in the state be equipped with software capable of detecting and blocking digital blueprints associated with untraceable firearms. Proponents advocate for the bill as a necessary step to disrupt the rising trend of do-it-yourself weapons, which evade traditional gun registration processes. However, critics argue that the legislation could hinder hobbyists and small businesses, complicating the 3D printing landscape.

Details of the Proposed Legislation

House Bill 2321 was prefiled on January 8, 2024, and had its first reading on January 12. Under this proposal, the sale or transfer of a 3D printer would be prohibited unless the machine includes specific “blocking features.” The bill, sponsored by Representatives Salahuddin, Peterson, Berry, and Taylor, has been referred to the Civil Rights & Judiciary Committee by the Washington State Legislature. Reports from FOX 13 Seattle indicate that ghost guns have persisted in criminal cases, underscoring the urgency of legislative action.

The bill defines a “three-dimensional printer” broadly, encompassing both additive and subtractive technologies. These devices would need to utilize a “firearms blueprint detection algorithm” capable of identifying and rejecting files that could instruct the printer to create firearms or illegal firearm components. Manufacturers would be required to certify compliance under penalty of perjury to the attorney general, who is tasked with establishing a database of banned blueprint files by August 1, 2026.

Implications and Reactions

The proposed legislation carries significant legal consequences. If passed, individuals selling noncompliant printers could face misdemeanor charges for a first offense, escalating to a class C felony for subsequent violations. Corporations could also be charged with a class C felony, which carries potential penalties of up to five years in prison and fines reaching $15,000. Knowingly submitting false claims regarding compliance would be treated as a crime.

The enforcement aspects of the bill have raised concerns among 3D printing advocates and small-scale manufacturers. Critics assert that the proposed technology is not realistically available and argue that the required closed systems could undermine the open-source ethos that many in the maker community uphold. Reports suggest that no existing printers currently meet the bill’s stringent requirements, and the broad language could inadvertently include CNC machines and laser cutters.

Supporters maintain that the intent of the bill is not to stifle innovation but to prevent untraceable firearms from entering illegal markets, thus sidestepping federal regulations on serial numbers and background checks.

Background and Looking Ahead

Washington is not entirely new to this issue; lawmakers have previously enacted measures aimed at curtailing the distribution of untraceable and 3D-printed firearms. The state attorney general has also advocated for earlier legislation to limit the dissemination of printable gun files, as highlighted in a 2019 release from the attorney general’s office. Proponents of the new bill reference federal data indicating a rapid increase in homebuilt firearms, with a national firearms trafficking assessment from the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) documenting significant growth in suspected privately made firearms from 2017 to 2023.

Next steps for House Bill 2321 include committee hearings, where experts from the technical field, industry representatives, and public safety officials are expected to provide input. Concurrently, the attorney general’s office will face pressure to outline a feasible detection algorithm and an operational database for managing restricted blueprints effectively.