Philadelphia Votes to Ban the 3D Printing of Guns and Violates State Law in the Process

November 25 2013
by GSL Staff
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Screen Shot 2013-11-25 at 2.08.11 PMAccording to Philadelphia Magazine, the City of Brotherly Love has become the first US city to vote on the practice of printing 3D guns.

The council voted unanimously to ban the manufacture of guns using 3D printers.

However, there are a few problems with the city’s ban. Well, other problems besides being unconstitutional, which we think it is, but anyway.

For one, 3D printing technology is rapidly evolving. The future of 3D printing in the manufacturing world is bright.

This ban means that if any legitimate gun manufacturer starts using 3D printing in their manufacturing process then they wouldn’t be able to call Philly home. Not good for local business to potentially ban an entire industry.

Earlier this month we saw the world’s first fully 3d printed, magazine fed, metal firearm.

Two, the ban is illegal under state law and the city likely broke state law just by trying to implement it.

According to Pennsylvania state law,

§ 6120. Limitation on the regulation of firearms and ammunition.
    (a) General rule.–No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
        (a.1) No right of action.–
            (1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
            (2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
    (b) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Dealer.” The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
“Firearms.” This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
“Political subdivision.” The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)

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