Defense Distributed wins right to publish gun blueprint online

The US Department of State’s Directorate of Defense Trade Controls (‘DDTC’) has settled the case brought against it by 3D-gun manufacturer Defense Distributed. The settlement eases the way for the publication of gun design and technical data on the internet. The DDTC also agreed to pay Defense Distributed the sum of $39,581 in costs.

Defense Distributed initiated the civil suit more than five years ago after it published designs for the pioneering 3D-printed handgun ‘Liberator’ online. The DDTC claimed that the group, which develops ‘open source’ digital firearm files that can be downloaded from the internet and used in 3D printing, was in violation of the International Traffic in Arms Regulations (‘ITAR’).

The settlement states that the files in question are now ‘approved for public release (unlimited distribution) in any form and are exempt from the export licensing requirements of the [International Traffic in Arms Regulations].’

In May, the Department of Commerce’s Bureau of Industry and Security (‘BIS’) and Department of State both announced a proposal to move the export licensing of certain firearms and ammunition out of the remit of the ITAR-controlled US Munitions List (‘USML’) to the Commerce Control List (‘CCL’), under the less taxing Export Administration Regulations (‘EAR’). The move will make it easier for US gunmakers to sell small arms (such as assault rifles and ammunition) abroad and relieve them of annual fees required under the ITAR.

For the settlement agreement see:
https://www.documentcloud.org/documents/4600187-Defense-Distributed-Settlement-Agreement.html#document/p2/a438492

For BIS’s proposed rule on the control of certain firearms and munitions dated 24 May see:
https://www.gpo.gov/fdsys/pkg/FR-2018-05-24/pdf/2018-10367.pdf

Further reading: WorldECR July / August issue (no. 71) features an extensive review of the firearms and ammunition move from the USML to the CCL mentioned above.