We are standing at the dawn of the next great industrial revolution. With 3-D printers people can print an infinite number of personalized and customized “things.” However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.

The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms — what else are you going to keep and bear — which covers both the buyer, and seller in the transaction. Further, the seller has to obtain guns, including newly manufactured firearms. Thus, the Second Amendment supply chain protects a right to make arms. These constitutional guarantees preserve the right to acquire and make firearms, by 3D printer or other means.

Prohibitions on sharing and receiving information about 3D guns, in the form of CAD source code files, violate the First Amendment right to free speech.
The fact that information about 3D guns is distributed in electronic format does not shield it from the Bill of Rights. Further, the “hybrid” First and Second Amendment right offers heightened constitutional protections when the government attempts to restrict speech about the right to keep and bear arms.