Democrats Urge Biden to Prevent Transfer of 3D Printed Guns From State Dept. to Commerce

More than 50 Democrats urged the Biden administration to keep State Department export controls over 3D printed guns, saying their transfer to the Commerce Department is “profoundly dangerous” and will allow “anyone to build untraceable firearms on demand.” The lawmakers, led by Sen. Ed Markey of Massachusetts and Rep. Grace Meng of New York, urged the administration to “place strict regulatory controls” over the weapons and their technical data.

“It is entirely within the power and authority of your Administration to transfer regulatory control over 3-D printed firearms and their technical data back to the State Department, return them to the U.S. Munitions List, and once again control them under” the International Traffic in Arms Regulations,” the lawmakers said in a May 5 letter. They said President Joe Biden “can take these steps without the need for legislation or congressional approval.” The White House didn’t comment.

The lawmakers sent the letter soon after a court issued an opinion last month that cleared the way for exports of 3D-printed guns to be removed from State Department jurisdiction (see 2104270089). The guns were set to be transferred from the State Department to Commerce as part of a broader effort begun by the Donald Trump administration to transfer a host of gun export controls to Commerce, but the effort was delayed after a Washington court last year temporarily blocked parts of the transfer (see 2003090029).

Although the court’s opinion cleared a path for the temporary block to be removed, the State Department said the controls remain under its jurisdiction until the transfer is made official (see 2105030021). Commerce's Bureau of Industry also issued guidance, saying May 7 that the items will transfer to Commerce only after the court vacates the preliminary injunction. Until then, all exporters "must continue to treat such technical data and software as subject to control on the USML," BIS said.

But lawmakers said Biden should intervene before then, adding that the placement of 3D printed guns on the USML is “warranted.” There are “legitimate concerns that terrorist groups or outlaw nations could manufacture plastic guns, smuggle them through metal detectors at overseas airports, and use them in attacks, including assassinations,” the letter said, “thereby putting Americans and others in grave danger.” The lawmakers urged Biden to act quickly before the court’s temporary injunction is “lifted in a few weeks.” The letter was sent less than a month after three top Senate Democrats urged Biden to reverse the broader transfer of gun export controls (see 2104200027).