Is it legal to 3d print a gun in the us

3D Printed Guns: What is The Law?

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Liberator 3D Printed Gun

3D printed guns are a hot-button issue. The Liberator took center stage in 2013 when blueprints were released for this 3D-printed, fully-operational single-shot pistol. The inventor of the Liberator, Cody Wilson, started a company called Defense Distributed for the purpose of sharing his invention with the world. Thousands downloaded the blueprints, allowing them to print a plastic gun on a compatible 3D printer.

The federal government quickly took down the blueprints, stating that providing blueprints online was illegal trafficking of firearms. Additionally, the federal government argued that the Liberator, being that it is printed entirely from plastic, isn’t detectable by standard metal detectors, making it illegal under federal law.

Cody Wilson responded by filing a lawsuit for the violation of his First Amendment right to free speech. He argued that the source code is a form of speech and he has a right to share it with the world. Government censorship would be unconstitutional; and so, this case was settled prior to reaching the Supreme Court. Without guidance from the highest court, we may see some legal battles on the horizon.

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Are 3D Printed Guns Legal to Build?

Yes. Americans have always been able to manufacture their own firearms and 3D-printed guns aren’t any different. Just like machining parts to build your own AR-15, you can use the blueprints of the Liberator to print your own polymer pistol.

3D Printing Gun Law

While federal law freely allows individuals to make firearms, for their personal use, in light of the 3D-printed gun technology, some states that embrace anti-gun laws are beginning to discuss legislation that will prevent people from building their own guns.

For example, New Jersey has drafted and passed a ban on homemade firearms that is not yet law, and California, while not prohibiting them outright, requires them to be serialized and registered. So be sure to get in touch with your state’s U.S. LawShield Independent Program Attorney for the current status of your state’s law.

It is important to keep in mind that these items are still firearms. Even though you can print one in the comfort of your own home, if you are disqualified from possessing a firearm you cannot possess a 3D-printed gun either.

You cannot sell these firearms as part of a commercial business without first becoming a licensed manufacturer. There is no bright line here. If you decide to manufacture 80 guns for private sale you might start to look like an unlicensed firearm dealer and you’ll find yourself subject to some unwanted legal scrutiny.

There’s a lot of controversy surrounding 3D-printed guns and you will likely see headlines in the near future addressing some of the remaining legal issues. In the meantime, U.S. & Texas LawShield will always keep you informed with the latest in gun laws, safety, and stories from our members across the nation.


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What Are 3D-Printed Guns, and Are They Legal?

For decades, weapons manufacturing has been the domain of arms industry heavyweights: Glock, Sig Sauer, Remington, Sturm, Ruger & Co. Making a gun from scratch at home required thousands of dollars of machining equipment and years of engineering expertise. 

But in recent years, that has begun to change. Advancements in 3D-printing technology have yielded increasingly reliable 3D-printed firearms, many of which require no federally regulated components to function. Below, we break down the basics of plastic, 3D-printed firearms, and the controversy generated by the swelling movement to deliver them to the masses. 

What is a 3D-printed gun?

In the simplest terms, it’s any firearm that includes components manufactured with a 3D printer.

But 3D-printed guns vary a lot. Some models — like the 3D-printed gun company Defense Distributed’s “Liberator” — can be made almost entirely on a 3D printer. Others require many additional parts, which are often metal. For example, many 3D-printed gun blueprints focus on a weapon’s lower receiver, which is basically the chassis of a firearm. Under federal law, it’s the only gun part that requires a federal background check to purchase from a licensed dealer. To subvert regulators, some people print lower receivers at home and finish their guns using parts that can be purchased without a background check — metal barrels, for example, or factory buttstocks. Many gun retailers sell kits, which include all the components necessary to assemble a gun at home.

Advances in printing technology have driven the price of 3D printers down — they’re now around $200 on Amazon — and gun groups offer guides for getting started. These developments have lowered the barriers to entry for those in search of untraceable guns, which have turned up at crime scenes with increasing frequency over the past few years. 

The process still remains more involved than most methods of obtaining a firearm, though. For instance, 3D printers require meticulous setup — the component that extrudes plastic must be calibrated, software must be downloaded to convert designs into 3D-printable slices, and the printer must undergo a slew of upgrades to reliably print weapons parts, which themselves require precise construction to ensure they can contain the explosion from a gunshot.  

Why are they a big deal?

Because 3D-printed guns are made outside traditional supply chains, and don’t require background checks, they’re effectively invisible to law enforcement agencies. They are a form of ghost gun: unserialized, and unable to be traced if recovered by law enforcement. 

There isn’t good data on the number of 3D-printed firearms that have turned up at crime scenes, though state attorneys general opposed to the technology insist that some have been recovered. On a few occasions, crimes involving the guns have made headlines. In February 2019, police arrested a Texas man after he was found test-firing a 3D-printed gun in the woods. He was prohibited from purchasing firearms and had a hit list of lawmakers on him. 

Of particular concern to many law enforcement agencies are guns that can be completely 3D-printed at home without metal components. Politicians and law enforcement professionals fear that such guns would be able to evade metal detectors, and thus slip into places where firearms are prohibited, like airports or government buildings. At present, these fears are largely unfounded — 3D-printed gun designers have yet to develop an alternative to metal bullets, and security officials say that X-ray detection in place alongside most metal detectors can identify the outline of 3D-printed firearms with ease. Indeed, Transportation Security Administration officers have seized 3D-printed firearms at airports on several occasions.  

Still, the weapons’ lack of traceability has already caught the attention of terror groups, according to Mary McCord, a former U.S. attorney and prosecutor in the Department of Justice’s National Security Division. “We know from a counterterrorism perspective that there’s great interest among terrorist organizations in being able to have workable, usable, efficient, functioning 3D-printed weapons.”

Is it legal to make a gun using a 3D printer?

In most cases, yes. Federal law permits the unlicensed manufacture of firearms, including those made using a 3D printer, as long as they include metal components.

In the absence of federal regulation, a handful of states have taken their own steps to clamp down on the creation of homemade guns. In California, anybody manufacturing a firearm is legally required to obtain a serial number for the gun from the state, regardless of how it’s made. In New Jersey, you are supposed to obtain a federal manufacturing license before 3D-printing a gun. The state also criminalizes the manufacture, sale, or possession of undetectable firearms, and made it illegal to purchase parts to make an unserialized gun. Several states — including New Mexico and Virginia — are considering bills that would enact similar restrictions.

What about sharing the blueprints online?

The legality of sharing the files required to print guns and gun components is murkier territory. No federal legislation bans the practice. But in 2013, the State Department ruled that releasing blueprints online violated arms export laws. In 2018, after a lengthy court battle with Defense Distributed over the guidance, the State Department settled, and agreed to permit the files’ release. But before the prohibition was lifted, a coalition of states sued to keep it in place — and won. Now, gun groups intent on sharing the files online have exploited a loophole in the State Department’s policy, which allows for the distribution of blueprints exclusively to U.S. residents. Defense Distributed maintains it has established a vetting procedure to ensure only U.S. residents are able to download them. 

In 2019, the Trump administration transferred oversight of gun exports from the State Department to the Commerce Department, which would have rolled back restrictions on releasing 3D-printed gun blueprints. But a second suit filed by the coalition of state attorneys general has kept oversight of the files with the State Department, pending future litigation. 

New Jersey Attorney General Gurbir Grewal is a plaintiff in the case. “If a company like Defense Distributed can simply sell printable [gun blueprints] to their customers without running the usual required background checks to make sure someone’s not a criminal, it would blow up the entire regime of firearm laws that we have in this country,” he said.  

In 2019, after Grewal sought an injunction to block Defense Distributed from releasing files to New Jersey residents, the company countersued. It alleges that the blueprint files are a form of speech, and that Grewal’s effort to block their release violates the First Amendment. The case has yet to go to trial.

Who is printing guns — and why?

The first 3D-printed firearm to make a splash in the popular consciousness was the “Liberator” — a near fully plastic gun designed by a self-described anarchist and ghost-gun advocate named Cody Wilson. (Designs for the Liberator call for a small steel block to be sealed inside the plastic in order to comply with federal law.) Wilson founded Defense Distributed to advance and share the technology, and has initiated many of the group’s highest profile legal battles. In 2019, Wilson was sentenced to probation and ordered to register as a sex offender after soliciting sex from a minor. 

Though Wilson’s is the best-known and formally recognized gun printing “company,” the practice is mostly advanced by informal collectives across the internet. These groups, like Deterrence Dispensed and Fosscad, gather anonymously in chat rooms and on social media platforms to crowdsource the development of new gun designs and spread them across the web. They have thousands of members, but remain mostly decentralized, making it difficult for technology companies or law enforcement agencies to police them. 

Over the past two years, however, the groups have run up against censorship policies at major tech platforms, many of which prohibit weapons content. As a result, they’ve been forced to increasingly obscure corners of the internet. Most recently, the operations hub for most of the 3D-printed gun groups — an encrypted chat and file-sharing platform called Keybase — pledged to remove all weapons-related content, and told the groups they would be banned. 

Proponents of the technology fall into several different camps. Some, like Mustafa Kamil, a creator of 3D-printable guns based in Romania, and a member of the Deterrence Dispensed team on Keybase, think that concerns over homemade weapons are overblown. Gun printing, he says, is mostly the domain of hobbyists like himself: technical experts interested in tinkering and engineering. To 3D-print a gun: “you need to have enough money to buy a printer. Then you need enough expertise and experience to know how to use the printer. If your axis is off by 0.15 millimeters the gun isn’t going to work,” he said. “To buy a black market firearm would be much easier.” Kamil said he’s owned 32 printers and completed two apprenticeships with gun manufacturers.

Others see the potential for armed conflict with the government as the driving force behind their creations. Members of Deterrence Dispensed and Defense Distributed have fashioned a brand out of this perceived threat, adopting popular Second Amendment slogans like “Come and Take It,” “Live Free or Die,” and “Free Men Don’t Ask.” Leaders of the groups share a deep conviction that gun ownership is the only way to ensure freedom: In an interview with Popular Front, a conflict journalism outfit, the founder of Deterrence Dispensed — a man who goes by the username jstark — continuously pointed to the threat of government tyranny as a justification for creating 3D-printed guns and distributing their blueprints. “Just look at the Uighurs in China,” he said, referring to the ongoing genocide of the ethnic minority. “Just look what’s happening to them. No one’s helping them. Nobody does shit. You know what would help them? If they were armed. That would be a deterrence.”

To jstark, identical threats exist anywhere where civilians are largely unarmed, including in Europe, where he lives. When asked if he would fight police who tried to confiscate his guns, he was frank: “Basically, yes. Live free, or die. These are not empty words.”

Are these groups aligned with extremists?

While politicians and law enforcement agencies have dubbed the advocates of 3D-printed firearms extremists, the movement has no unifying political ideology. Jstark, for his part, said in the Popular Front interview that Deterrence Dispensed has no tolerance for people who wish to harm others: “If they do show through [their actions] that they’re extremists, racists, islamic terrorists — then we would kick them out immediately,” he said. He did not respond to multiple requests for comment.

The alarmism about about looming government tyranny has attracted groups eager to ignite government conflict, particularly in the U.S. Members of groups connected to the boogaloo, a loose-knit coalition of anti-government extremists that advocates a violent civil war, have seen 3D-printed gun advocates as allies in an overlapping struggle. Last summer, Megan Squire, a professor at Elon University, tracked online boogaloo-connected groups as they navigated crackdowns from social media platforms. Many ended up on Keybase, drawn by the large and growing 3D-printed gun community. 

In early April, Deterrence Dispensed released blueprints for a printable auto sear — a component that can be used to turn a semiautomatic rifle into an illegal, fully automatic firearm — called the “Yankee Boogle,” an apparent boogaloo reference. In September, two boogaloo adherents were charged for allegedly attempting to sell auto sears to representatives of Hamas, the Islamist extremist group. In court documents, prosecutors alleged that one of the defendants in that case said he obtained the auto sears from a supplier who 3D-printed them. In a separate case, federal prosecutors charged a man from West Virginia with 3D-printing auto sears and selling more than 600 of them online, including to several boogaloo adherents. One man who bought the 3D-printed auto sears is accused of killing a police officer and a security guard in California. It is unclear if any of the auto sears used in these crimes were designed by Deterrence Dispensed.

Correction: An earlier version of this article highlighted a case in which police in Rhode Island said a suspect used a 3D-printed gun in a murder. While police initially made that claim, an analysis by the state crime lab later ruled the method of manufacture “undetermined.” The story has also been updated to include that Defense Distributed’s “Liberator” gun model includes a small metal component for federal compliance.  

US court blocks 3D printed gun instructions

Image caption,

3D printed gun drawings are back online

A federal court in Washington State has temporarily blocked publication of 3D printed gun assembly instructions. According to the New York Times, the decision was made by a district judge in Seattle.

Earlier, the American NGO Defense Distributed, which defends the right to freedom of information, posted on the Internet drawings for printing weapons on 3D printers.

Since August 1, 2018, sharing such documents has become completely legal, but several US states have begun to fight against this practice.

According to the American media, after the decision of the court, Defense Distributed stopped uploading blueprints for creating weapons to the network.

On Monday, nine states filed a lawsuit against the administration of US President Donald Trump, as well as Defense Distributed and the Second Amendment Name Foundation, to ban the free distribution of weapons blueprints for 3D printers.

The "Second Amendment Foundation" is the same plaintiff that sued the US State Department and won, making it legal to publish drawings of homemade pistols.

US President Trump tweeted that he is looking into the situation.

Shoot Once

Defense Distributed is a network organization that develops 3D printed firearms.

The organization released blueprints for the nine weapon models as early as Friday, July 27, and have since been downloaded by several thousand people.

The Defense Distributed website was down on Tuesday with many links, including links to blueprints, not available.

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Video caption,

"3D printed" organs are here

The 3D printed weapons controversy began in 2012 when American Cody Wilson, who calls himself a crypto-anarchist, first printed a pistol on such a printer, called the Liberator ("Liberator"). This simple firearm contains virtually no metal parts and can only fire once.

Subsequently, Wilson's website Defense Distributed published instructions for printing such weapons. They have been downloaded hundreds of thousands of times. Now the organization not only promises to provide instructions for 3D printers, but also sells parts for homemade weapons. The company also released the Ghost Gunner automatic milling machine, which allows you to independently assemble firearms based on a legally purchased blank without a serial number.

  • In Texas, they learned how to 3D print cheap housing

The US State Department ordered the removal of a manual for creating weapons on 3D printers from the Internet in connection with the arms export legislation - and got it. What followed was a legal battle that dragged on for four years.

US law prohibits the sale of weapons without serial numbers, but their manufacture is not prohibited. There is one important exception: a homemade gun must contain enough metal to be recognized by metal detectors. In the case of plastic-printed weapons, this prohibition is circumvented by adding a metal part to the design that is easy to remove.

Protest by prosecutors

In July 2018, Defense Distributed unexpectedly obtained permission to publish blueprints for making weapons.

The ruling angered lawmakers, and on Monday, Washington State Attorney Bob Ferguson said he, along with prosecutors in eight other states, will file a lawsuit against the State Department to ban the illegal distribution of weapons for 3D printers.

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Video caption,

Home arsenal: what weapons are legal to own in the US

"Downloadable weapons are not registered anywhere, they are difficult to detect even with the use of metal detectors. They are available to everyone, regardless of age, mental health and criminal record ", Ferguson said.

A letter, signed by 21 state attorneys, was also sent to the State Department demanding that the blueprint ban be reinstated.

Invisible Weapons

"We, as our state law enforcement leaders, are convinced that the proposed terms and conditions are very dangerous and have the potential to impact public safety in unprecedented ways," the letter said. criminals, but also for people who are prohibited from owning guns by federal and state laws."

Cody Wilson claims that his victory in court ushered in the "era of downloadable guns".

Opponents of the decision point to the likelihood of a sharp increase in the number of "invisible weapons" - unregistered weapons, the existence of which law enforcement agencies do not know, and as a result, they cannot trace.

In the US, they still allowed to distribute 3D models and digital drawings for DIY weapons / Sudo Null IT News

One of the first photos of the Liberator pistol, which even got on the pages of Forbes magazine This is a homemade pistol, almost all the details of which were made on a 3D printer. It was first created five years ago, it was then that 3D printers became truly massive. And their enterprising owners realized that they could print not only models for Star Wars, but also something more interesting.

Over time, 3D models for the manufacture of such weapons began to diverge over the network. But all this quickly stopped. Weapons, and even free of charge without SMS and without a license? The authorities of any state cannot allow such a thing. As a result, 3D models of Liberator parts (and a little later, other types of DIY weapons) began to be banned from distribution even in digital form. In the United States, enforcement of the ban became particularly vigilant, and the development of homemade weapons that can be printed on a 3D printer had to be suspended. For a long time - for several years. But now, it seems, the situation has been resolved in favor of weapon enthusiasts.

The US Department of Defense and the State Department have decided that 3D models of weapons, or rather, their distribution, are no longer banned. This issue was considered at the court session. The court ruled that the ban violated the weapons designer's right to self-expression. Moreover, it was decided that some types of weapons are not “inherently military”, and therefore pose a lesser threat to the population.

Cody Wilson, who defended his right to work with DIY weapons in court, posted this winning message on his page.

And he really has something to be happy about, because in 2015 Wilson was refused to sell the Mark One 3D printer. Moreover, it was a prepaid order that was simply not shipped. The problem turned out to be Wilson's favorite pastime - the creation of weapons.

3D printed homemade weapons can be easily developed by sending files over the network or otherwise transferring them. True, there is a limitation - the caliber of the weapon should not be higher than a .50. Otherwise, it must be assumed that such a pistol or other type of weapon already poses a significant threat to society.

In the five years that have passed since the creation of the Liberator, modern gunsmiths have reached considerable heights, having learned how to print pistols and silencers, submachine guns and rifles. All of these, except pistols, are still banned. So printing AR-15 will not work. At least for now.

There is more news: Senvol, the largest storage service for 3D models of various objects and materials, has joined the National Armaments Consortium (NAC). And this may mean a rapid technologization of weapons in the United States. The Americans have many types of weapons and so high-tech. Now they will become even more advanced.

As for Cody Wilson, he believes that “guns can now be downloaded in the same way as music. Streaming services for semi-automatics will be coming soon.” Of course, this is a slight exaggeration, but the fact remains. In 2002, you could download almost any mp3 file from Napster. Now you can download the pistol model to your PC.

The supporters of "free weapons" have a lot of opponents. In their opinion, such a massive distribution of weapons among the population, which will occur in the near future, is very dangerous for society. It is clear that they immediately recall all sorts of "shooters" who killed defenseless people on the streets, schools and cinemas. Also, anti-guns talk about criminals, who will now be able to print as many weapons as they want, and it will be very difficult, if not impossible, to trace them.

The modern digital gunsmith's workplace

Nevertheless, criminals, if they wanted to, found pistols or even rifles anyway. So no prohibitions are critical for them. But for ordinary people who want to get a weapon for self-defense, the ability to print it on a printer is unique.

Cody Wilson is an active libertarian. He believes that government restrictions in the digital age have lost all meaning. In addition to developing weapons, he took part in the creation of Dark Wallet, a system for working with cryptocurrency, aimed at anonymizing users.

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