Does it violate federal export law if a website publishes CAD files of firearms?

(credit: Defense Distributed)

Last Thursday, the Brady Center to Prevent Gun Violence stepped into a notable legal battle between Defense Distributed, a group that promotes gunsmithery via 3D printing, and the State Department, which aims to halt re-publication of the relevant CAD files.

Brady Center is arguing in favor of the government, while the Electronic Frontier Foundation is on the side of Defense Distributed. The lawsuit, Defense Distributed v. Department of State, centers on whether a website that publishes CAD files—which would enable foreigners outside the US to print a firearm—violates munitions export laws. While Defense Distributed took the files down three years ago, they have since reappeared on BitTorrent sites. The case remains pending in the 5th Circuit Court of Appeals in New Orleans, which has yet to schedule oral arguments.

"Not only is Appellants’ position reckless and hazardous to the safety of Americans at home and abroad, it is inconsistent with the U.S. Constitution," John D. Kimball, the Brady Center’s attorney, wrote in the new amicus brief. "The Second Amendment does not protect the export of firearms or their functional equivalent."

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