Amid fears of 3D printed guns, New York State Assemblymember Jenifer Rajkumar introduced a bill on Oct. 13 requiring firearm-style background checks for 3D printer purchases. In fact, the qualifications to own a 3D printer would be the same as those to carry or possess a firearm.
The proposed bill, A8132, calls for mandatory background checks for the purchase of any 3D printer that is “capable of printing a firearm, or any components of a firearm.” Which would be all of them, of course.
In fact, the bill’s vague language could result in background checks for a variety of computer-aided manufacturing equipment. The bill defines a 3D printer as “a computer or computer-driven machine or device capable of producing a three-dimensional object from a digital model.”
Arguably, that description fits subtractive manufacturing equipment, such as CNC machines and laser cutters, as well as it does 3D printers.
The bill is still in the very early stages and has a long road to becoming state law. Yet, if passed, would-be makers will have to show identification, fill out a form, and may be required to submit fingerprints. The wait could be up to 15 days for a state background check to clear before consumers can receive their new 3D printer, according to the bill. Plus, the state is authorized to submit consumer fingerprints to the FBI for a national criminal history record check if they deem it warranted.
As with firearms, the background check would be the responsibility of retailers, who could charge for the service. “Any retailer of a three-dimensional printer sold in this state … is required and authorized to request and receive criminal history information concerning such purchaser … ,” A8132 states. No mention is made in the bill of background checks for private 3D printer sales.
When it comes to libraries, schools, manufacturers, and companies, it’s unclear whose background check would be required to purchase a 3D printer or if it would be required of anyone using the machine at their place of business or at a school.
Who Could Not Buy a 3D Printer?
Anyone convicted anywhere in the US of a felony or a “serious offense” or who has a warrant out for their arrest for a felony would not qualify to purchase a 3D printer in the state of New York under this proposed law. It’s unclear if anyone convicted of a “serious offense” would need to surrender their 3D printers should this bill pass.
A8132 will need favorable support in the committee and on the assembly floor before moving on to the state senate for a vote and then to the governor for signature. Currently, the bill is open for public comment, and there are several so far that point out the bill’s potential flaws.
“The sponsor of this Bill demonstrates their ignorance of the technology that is used in education for STEM training and by hobbyists and manufacturing industries statewide,” one commenter contributed. “I also noticed that this Bill had no exemptions for Educational Facilities or manufacturers.”
“Would the same restriction be applied to purchasing a knife, axe, hammer, sledgehammer? All items that can actually kill people,” another commenter wrote.
“Slam fire shotguns and zip guns can be made with common appliance tools found in every hardware store in the state,” noted a commenter on the bill. “Unless Senator Rajkumar suggests we background check the sale of every screw, pipe, and plank of wood, this bill doesn’t even succeed in what it sets out to do.”
The bill covers retailers selling 3D printers in New York State but would not prevent consumers from traveling to neighboring states to purchase 3D printers.
Proposed New York bills A7489 and S7364 introduced earlier this year, would make it a felony to 3D print a gun or distribute the instructions, such as a CAD file, for 3D printing a gun. As various bills come forward aimed at combating illegal firearm manufacturing and sale, there will no doubt be consolidation and rethinking of the proposed approaches.
You, too, can voice your thoughts on bill A8132 on the New York State Senate website, where it is open for public comments.
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