3-D Printed Firearms

The advent of 3D printing technology has been transformative. Numerous consumer and commercial product, even houses, are now produced through 3D printing technology. Not surprisingly, firearms are one of the many products that can now be produced on a 3D printer, even by an amateur on a home 3D printer.

The manufacture of 3-D printed firearms, while legal under the law, must adhere to strict requirements under California statutes. 3-D printer hobbyists may print these guns not realizing that they could be breaking the law.  It is important to understand what these laws are. Orange County firearm defense attorney William Weinberg notes that law enforcement arrests for illegal manufacture or possession of 3-D printed guns are on the rise.

California is known for its stringent gun control laws and has been at the forefront of regulating 3D printed firearms. In 2022, the California Legislature passed Assembly Bill 2156, which significantly amended the state's Penal Code, Section 29010. Under this law, which became effective January 1, 2024, a person cannot manufacture, by 3D printing or otherwise, more than three firearms per year. Manufacturing more than the allowed limit requires the individual to obtain both a federal and state license to manufacture firearms using s 3D printer or by use of any other method. Furthermore, unless an individual is a licensed firearms dealer, he or she may not sell or transfer a self-made gun.

California law mandates that anyone constructing a homemade firearm, including those made with a 3D printer, must apply for a serial number from the state Department of Justice. This requirement extends to all firearms, ensuring that even privately made firearms can be tracked. This is a direct response to the potential for these weapons to bypass traditional gun control mechanisms. Once the serial number is issued by the state, it must be permanently affixed on the rearm. 3-D printed guns not meeting this requirement are referred to as “ghost guns,” due to their lack of serial numbers and traceability.  Being caught with an otherwise legal self-made gun, but lacking the required serial number, will almost always result in an arrest, requiring the expert counsel of an experienced firearm defense lawyer.

Certain firearms may not be self-made by a 3-D printer or any other method. This includes assault weapons, machine guns, “.50 BMG rifles”, firearms without a manually operated safety device and other less common weapons prohibited by state law. (A full list of those weapons may be found at Penal Code section 16590.)

An individual who is prohibited by state or federal law from purchasing, owning, or possessing a firearm cannot produce any self-made 3-D printed gun. Generally, individuals who have been convicted of a felony, certain misdemeanors, and domestic violence offenses are included in this category, as are those individuals who are the subject of restraining orders and persons found by a court to be a danger due to mental illness.

Despite these laws addressing the recent proliferation of self-made firearms, now made much easier by 3D printers, California law enforcement agencies face unique challenges.  The technology's accessibility means that individuals might still attempt to produce firearms cheaply and covertly. Furthermore, these guns are often produced without adhering to the serial number requirement (“ghost guns”). This makes the guns difficult to trace.

Individuals caught manufacturing or distributing 3D printed guns without the necessary compliance could face misdemeanor or even felony charges, fines, and potentially jail time, reflecting California's stringent stance on firearm control.

The failure to apply for and affix a serial number on a self-made firearm can be charged as a misdemeanor or a felony as can the offense of manufacturing a prohibited weapon. In both cases, the penalty for a misdemeanor offense is up to one year in jail and/or a fine of up to $1000 per firearm and as felony with a potential sentence of up to three years in prison and a fine of up to $10,000.00.

The manufacture of more than three self-made firearms per year, all other laws being followed, is a misdemeanor with a potential sentence of one year in jail and/or fines.

If you are charged with violating the laws regarding self-made firearms, you may have several defenses to the charge:

• You complied with the law, for example, you applied for a serial number, but there was an error or delay in the issuance of the serial number that was not attributable to you.
• The firearm was seized in violation of your Fourth Amendment rights. For example, if the gun was seized by law enforcement during an unlawful arrest of detention, you may be able to suppress the evidence.
• The firearm does not fall under an unlawful category. For example, if you are charged with manufacturing an assault weapon, which is unlawful to manufacture, but you can prove that the firearm does not fall under the category of assault weapon, you may argue that in your defense.

IF YOU HAVE BEEN CHARGED WITH A FIREARM/GUN VIOLATION ORANGE COUNTY FIREARM DEFENSE ATTORNEY WILLIAM WEINBERG CAN HELP.

If you are facing charges for the unlawful manufacture of a 3-D firearm, it's crucial to consult with a criminal defense attorney who specializes in firearms law in California. Orange County firearm defense attorney William Weinberg is experienced in this area of the law and can provide you with tailored advice and defense strategies based on the specifics of your situation.

You may contact Mr. Weinberg for a free consultation by calling his Irvine office at 949-474-8008 or by emailing him at bill@williamweinberg.com.