On Tuesday, a U.S. Ninth Circuit court lifted a court order against two rules that make it easier to share untraceable 3D-printed gun blueprints. The ruling on the Trump-era rules happens as the Biden Administration tries to tighten restrictions on what’s also referred to as "ghost guns." The appeals court ruling lifts restrictions on exporting specs for guns that are made by a 3D printer. However, President Biden announced earlier this month that the Justice Department will issue new rules on ghost guns within 30 days. Ninth Circuit’s decision reversed an injunction that was issued by a federal judge out of Seattle in March 2020.
“This is a humongous loss for anti-gun Democrat State Attorneys General,” said Bellevue-based Second Amendment Foundation founder and Executive Vice President Alan M. Gottlieb. “They consistently attack Second Amendment rights any way they can. This legal debacle was led by Washington Attorney General Bob Ferguson, who became famous for suing the Trump administration in a series of partisan legal actions that cost taxpayers millions of dollars."
The Ninth Circuit panel remanded the case back to the district court with instructions to dismiss.
Circuit Judge Ryan D. Nelson noted, “Because both the DOS and Commerce Final Rules are unreviewable, the States have not demonstrated the requisite likelihood of success on the merits…Congress expressly barred judicial review of designations and undesignations of defense articles under the Control Act and of any functions exercised under the Reform Act. Accordingly, the district court erred in reviewing the DOS and Commerce Final Rules, and its injunction is therefore contrary to law.”
However, the proposed rules on restricting untraceable 3D-printed guns by the Biden administration are expected by May 8.