Defense Distributed, a Texas non-profit organization, has caused a firestorm of debate with its recent supplying of online schematics for the production of printing of firearms via a 3-D printer. Defense Distributed allows for the download of detailed schematics via their website to allow for gun enthusiasts that own 3-D printers to produce their own firearms at home. Defense Distributed has fought a long, uphill battle in its mission to provide affordable computer-aided design files to the public, and as a result, has often faced litigation from both state and federal government groups.

Recently, in June, the U.S. State Department settled with Defense Distributed, ending five years of litigation over the core issue of printing guns.  Previously, the federal government had argued the position that Defense Distributed’s weapon schematics amounted to exports, and as such, should be regulated under the International Traffic in Arms Regulations (“ITAR”). When this argument failed to gain traction, the State Department agreed to settle with Defense Distributed to not only allow the non-profit to continue providing schematics to the public, but it also agreed to propose rule changes that would eliminate the previous ITAR arguments that were raised as issue in the case.

After the State Department declined to pursue further action against Defense Distributed, state lawmakers stepped in, filing cease-and-desists against the non-profit Texas organization in the void of federal opposition.  The attorney generals of both Pennsylvania and New Jersey have already taken action against Defense Distributed, and the city of Los Angeles has threatened legal action as well.  In response, Defense Distributed filed suit against the latter in federal court.  Gun-regulation lobbying groups have also joined the fray, but a federal judge threw out their motions, citing a lack of standing in the case.

While Defense Distributed has agreed to acquiesce with Pennsylvania’s request to prohibit access to the website, the current injunction is only temporary until Pennsylvania can prove the need for a permanent or broader injunction.

Defense Distributed’s main defenses rest on its government-authorized license to deal in firearms as well as its previous settlement with the State Department.  Interestingly, the core of Defense Distributed’s arguments rest on the First Amendment.  Instead of focusing on the Second Amendment, Defense Distributed argues that the case is a First Amendment case because it is an attempt by its opponents to remove information from the Internet.

Either way, whether the case will turn on First or Second Amendment findings, it would behoove intellectual property counsel to closely follow this case as it demonstrates how intellectual property use and 3D printing can impact other important avenues of the law.

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