Ghost guns complicate the nature of speech

New York signed a bill that restricts 3D printers from producing “ghost guns,” firearms made at home without a license, serial number, or background check. The bill places the issue within budget legislation for fiscal year 2027 and creates a working group to develop technological standards for 3D printers that prevent firearm component production. It also requires multiple licenses for distributing code containing printing instructions for firearms. New York’s reported recovery of ghost guns increased from one in 2021 to 109 in 2024, and authorities allege a ghost gun was used in the midtown Manhattan assassination of Brian Thompson. Digital and gun rights groups raise First Amendment concerns about restricting information and code, while courts have not fully resolved how constitutional protections apply to 3D-printing instructions for guns.

"Governor Kathy Hochul signed a bill that makes New York the first state to effectively prohibit 3D printers from producing “ghost guns” — or guns that can be made at home without a license, serial number or background check. The number of ghost guns circulating in the state appears to be increasing: The New York Police Department recovered one ghost gun in 2021, and 109 in 2024. Authorities also allege that Luigi Mangione used a ghost gun to assassinate UnitedHealthcare CEO Brian Thompson in midtown Manhattan."

"New York’s working group, which is part of budget legislation for fiscal year 2027, tasks a working group with developing technological standards for 3D printers that will prevent them from producing firearm components. It also requires multiple licenses for distributing code that contains printing instructions for firearms. Digital and gun rights groups have already raised First Amendment concerns that these rules amount to a restriction on the free flow of information."

"At the heart of the conflict is a question about what kinds of constitutional protections should apply to code. Courts have found that code can have expressive qualities in some cases, though they haven't settled on how the First Amendment pertains to 3D-printing instructions for guns. It's an issue that's likely to arise as states like California, Maryland and Washington also consider ghost gun legislation."

"“Once the government gets a [First Amendment] exception based on danger or public safety, then ... everybody will want all kinds of speech to be regulated,” said Donald Kilmer, a legal adviser for the Second Amendment Law Center. “We [will] silence ourselves into becoming a degraded leader in innovation and technology.”"

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