Judge: 2A Doesn't Guarantee Individual Right to Manufacture Firearms

[chipbennett]

3-D Printed Gun Lawsuit Starts the War Between Arms Control and Free Speech | WIRED

Money quote from the judge's order:

While the founding fathers did not have access to such technology, Plaintiffs maintain the ability to manufacture guns falls within the right to keep and bear arms protected by the Second Amendment. Plaintiffs suggest, at the origins of the United States, blacksmithing and forging would have provided citizens with the ability to create their own firearms, and thus bolster their ability to “keep and bear arms.” While Plaintffs’ logic is appealing, Plaintiffs do not cite any authority for this proposition, nor has the Court located any. The Court further finds telling that in the Supreme Court’s exhaustive historical analysis set forth in Heller, the discussion of the meaning of “keep and bear arms” did not touch in any way on an individual’s right to manufacture or create those arms. The Court is thus reluctant to find the ITAR regulations constitute a burden on the core of the Second Amendment.

(Full Order (PDF))

So, basically, the judge is saying that the 2A does not protect the right of an individual to manufacture a firearm, and that the state may regulate the manufacture of firearms and require that individuals only acquire firearms manufactured by licensed manufacturers. That's akin to saying that an individual has the right to eat, but does not have the right to farm/hunt for his food, and that the government may mandate that the individual only acquire food from licensed grocers.

Utterly absurd.

H/T: Texas Judge: 2A Doesn't Guarantee a Right to Manufacture Firerarms - The Truth About Guns

 

[SteveM4A1]

3-D Printed Gun Lawsuit Starts the War Between Arms Control and Free Speech | WIRED

Money quote from the judge's order:



(Full Order (PDF))

So, basically, the judge is saying that the 2A does not protect the right of an individual to manufacture a firearm, and that the state may regulate the manufacture of firearms and require that individuals only acquire firearms manufactured by licensed manufacturers. That's akin to saying that an individual has the right to eat, but does not have the right to farm/hunt for his food, and that the government may mandate that the individual only acquire food from licensed grocers.

Utterly absurd.

H/T: Texas Judge: 2A Doesn't Guarantee a Right to Manufacture Firerarms - The Truth About Guns

And here I am, not surprised in the slightest. Of course, they could always cite authority to regulate such manufacturing through the commerce clause as well I'm sure.

 

[SSGSAD]

What about a GUNSMITH, or a CUSTOM gun builder ?????

 

[chipbennett]

And here I am, not surprised in the slightest. Of course, they could always cite authority to regulate such manufacturing through the commerce clause as well I'm sure.

You mean, just like SCOTUS did in Wickard v. Filburn?

https://en.wikipedia.org/wiki/Wickard_v._Filburn

(In which the Supremes opined that wheat grown by an individual, intended for individual consumption, could be regulated under the commerce clause, by virtue of the fact that wheat not placed into the market adversely impacted interstate commerce, by driving up prices due to failing to meet market demand for wheat.)

 

[foszoe]

GUn manufacturers are happy

 

[chipbennett]

GUn manufacturers are happy

It probably doesn't faze them at this point.

The underlying issue here is the constitutionality of ITAR, and sharing schematics for 3D-printed guns for individual manufacture. It's as much a first-amendment battle as it is a second-amendment battle. I doubt gun manufacturers care much, one way or the other, how this one turns out. 3D-printed guns aren't ever going to impact their business in any discernible way.

 

[oldpink]

It's a good thing that America circa 2015 has "advanced" so much that we can now jettison such quaint concepts as the role of the Judicial Branch, now with newly minted legislative powers.

 

[Kirk Freeman]

Akin to saying there is no right to author a book.

That's akin to saying that an individual has the right to eat, but does not have the right to farm/hunt for his food, and that the government may mandate that the individual only acquire food from licensed grocers.

You got it. In fact there is a LA court decision that tracks that language. I'll find it later.

 

[Alamo]

While the founding fathers did not have access to such technology, ...

What? There was no one making guns in America in the time of the founding fathers?

Oh, you mean 3D printers? There were no linotypes or computers or internets or anything more advanced than a hand-cranked printer either, so I guess individuals also don't have the right to make their own flyers, pamphlets, newspapers, blogs, .....

Geez, he probably believes that too.

 

[Alamo]

The Court further finds telling that in the Supreme Court’s exhaustive historical analysis set forth in Heller, the discussion of the meaning of “keep and bear arms” did not touch in any way on an individual’s right to manufacture or create those arms.

Note to self for when I get appointed to SCOTUS: Make sure I enter in the entire history of firearms, firearms manufacture, gunpowder technology, metallurgy, plastics, targets (incl everything from apple-on-the-head to the poppers), load-bearing equipment, eye/ear pro, knives, hand-to-hand combat (with special emphasis on WWII combatives!) and every other damn thing associated with defense of self/family/nation so down the road some idiot judge can get a clue...

 

[foszoe]

Akin to saying there is no right to author a book.



You got it. In fact there is a LA court decision that tracks that language. I'll find it later.

Also what about the handgun purchase law issue in Chicago saying that Outlawing Gun stores was a prohibited? Or the Texas case about purchasing and shipping to DC vs purchasing in person?

NRA Sons of Healer article was very interesting, I thought.

 

[BehindBlueI's]

Wait, where'd all the textualists go?

Anyway, we should applaud the export of these "guns". With any luck, our enemies will use them. We should all pitch in for some Raven .25s as well. That'll make them ditch their AKs for sure.

 

[BogWalker]

Fairly certain I saved those files when they first came out. I'll try and find them.

 

[GodFearinGunTotin]

Apparently a class in logic is not required to obtain a law degree.

 

[Timjoebillybob]

You mean, just like SCOTUS did in Wickard v. Filburn?

https://en.wikipedia.org/wiki/Wickard_v._Filburn

(In which the Supremes opined that wheat grown by an individual, intended for individual consumption, could be regulated under the commerce clause, by virtue of the fact that wheat not placed into the market adversely impacted interstate commerce, by driving up prices due to failing to meet market demand for wheat.)

Not quite right. It was decided that by growing the wheat for his own use effected interstate commerce because if he wasn't growing it for his own use he would have to buy it, and since wheat was sold in interstate commerce it therefore effected interstate commerce.

 

[Fred78]

With that ruling in mind these judges surely believe in the tooth fairy, easter bunny, and the biggest fairy tale of all obama.

 

[foszoe]

Hmm mm, they don't want us to (re)import them, they don't want us to make them, they don't want to financially assist the dealers who sell them to us.

It's almost like they don't want us to have them.

 

[calcot7]

Hmm mm, they don't want us to (re)import them, they don't want us to make them, they don't want to financially assist the dealers who sell them to us.

It's almost like they don't want us to have them.

Yea....it's starting to look that way.

 

[MohawkSlim]

The beauty of these federal judges is they like to contradict each other.

 

[GIJEW]

The beauty of these federal judges is they like to contradict each other.

When you make crap like this up on-the-fly it's hard to keep your story straight