There's nothing illegal about selling plastic filament for 3D printers, even if some customers use that filament to manufacture firearms. But according to officials in San Diego County, there's something legally actionable about a filament maker embracing the Second Amendment community and touting its products to people who print their own guns.
On Monday, San Diego County, aided by Giffords Law Center, filed suit against Polymaker LLC, accusing the company of violating California's Unfair Competition and False Advertising laws by allegedly promoting it's products to the 3D-printed firearms community. The county isn't claiming that Polymaker sells guns, unfinished frames or receivers, or even a product that's uniquely suited for making firearms. Instead, much of its case rests on what Polymaker has said and done while selling a lawful, general-purpose product.
According to the county's complaint, Polymaker developed firearm-themed products, sponsored and worked with gun-printing influencers, offered technical advice about using its filament for firearm applications, and cultivated relationships with the broader 3D gun community. San Diego contends those activities helped facilitate violations of California's restrictive laws governing privately manufactured firearms.
While this lawsuit implicates the Second Amendment, it raises substantial First Amendment questions as well. From the complaint:
To be clear, 3D printing filament is not inherently illicit and has many lawful, productive purposes, and this lawsuit does not seek to ban the sale of filament in California. Rather, the People bring this lawsuit to hold Polymaker liable for its strategic business choice to design and market its filaments in order to profit from the illegal manufacture of 3D printed ghost guns in California. These actions violate California law and reflect a conspicuous disregard for the public safety interests of Californians that those laws are designed to protect.
San Diego isn't taking aim at what Polymaker sells. It's suing over how the company talks about its products, who it talks to, and what those customers might legally do with them in much of the rest of the country, where California's idiotic laws are not in place.
Nowhere in the complaint does San Diego allege that Polymaker is designing or marketing it's filaments with California specifically in mind. Instead, the county heavily relies on California's ridiculously broad definition of a “firearm precursor part,” which includes “any forging, casting, printing, extrusion, machined body or similar article . . . that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted.”
In support of its lawsuit, San Diego County points to the California DOJ's designation of the Ghost Gunner “AR-00,” which is nothing more than a solid block of aluminum, as a "firearm precursor part" simply because it's marketed as something that can eventually become a firearm frame or receiver.
While that might buttress San Diego County's argument, it's also a perfect illustration of just how expansive and open-ended California's law is. Under San Diego's theory, a company that produces a general-purpose product can be held liable for promoting one particular use because California prohibits that activity, even when the marketing isn't specifically directed at Californians.
Punishing commercial speech directed at a nationwide audience because that speech promotes conduct that's illegal in one state, even when the same conduct is perfectly lawful elsewhere, seems like a pretty clear violation of the First Amendment to me.
If California can turn a spool of plastic into a regulated “firearm precursor part” based largely on how it's marketed, then this case isn't just about what Polymaker sells. What the company says about its products, and even who it associates with and employs, are also fundamental parts of the county's litigation, and you don't have to be a Second Amendment supporter or a 3D-printing aficionado to be extremely concerned about where this theory can lead.
Editor’s Note: The radical Left will stop at nothing to enact their extreme gun control agenda and strip us of our Second Amendment rights.
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