States That Challenged Removal of 3D-Printed Weapons From Munitions List Won't Seek Review

The 22 states, along with Washington, D.C., that challenged the Trump administration's decision to transfer "ghost gun" blueprints from the U.S. Munitions List to the less-restrictive Commerce Control List will not seek a review of the U.S.Court of Appeals for the 9th Circuit's decision to greenlight the move. According to a May 18 consent motion, lawyers for the State Department and the Directorate of Defense Trade Controls requested that the court immediately issue the mandate in the case, claiming that they received the go-ahead from the plaintiffs. Brendan Selby, counsel for the plaintiff State of Washington, told the defense that the states consent to the "immediate issuance of the mandate."

Judges Jay Bybee and Ryan Nelson wrote the decision lifting an injunction in the regulations moving the ghost gun blueprints from the USML to the CCL.The decision claimed that the court lacked the authority to challenge State Department decisions on what is considered a “defense article” subject to regulation. The decision was based on the International Security Assistance and Arms Export Control Act of 1976, finding that it is within the president's discretion to remove an article from the Munitions List (see 2104290053). Despite this ruling, the State Department said it will not remove 3D-printed guns from the USML until the ruling is made official (see 2105030021).