Ordinance against making 3d guns in philly

[Mooseman]

I couldn't figure out how to link this but this is a copy of the text.


City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 130584
Introduced September 12, 2013
Councilmembers Johnson and Jones
Referred to the
Committee on Public Safety
AN ORDINANCE
Amending Title 10 of The Philadelphia Code, entitled “Regulation of Individual Conduct
and Activity,” by adding a new Chapter 10-2000, prohibiting the use of a threedimensional
printer in order to manufacture a firearm, under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows:
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY.
* * *
CHAPTER 10-2000. USE OF THREE-DIMENSIONAL PRINTER TO MANUFACTURE
FIREARMS.
§ 10-2001. Definitions.
(1) Firearm. Any device designed, made or adapted to expel a projectile through
a barrel by using the energy generated by an explosive or burning substance or any
device readily convertible to that use.
(2) Three-dimensional printer. A computer-driven machine capable of producing
a three-dimensional object from a digital model.
§ 10-2002. Restriction on Use.
No person shall use a three-dimensional printer to create any firearm, or any
piece or part thereof, unless such person possesses a license to manufacture firearms
under Federal law, 18 U.S.C. § 923(a).
City of Philadelphia
BILL NO. 130584 continued
City of Philadelphia - 2 -
§ 10-2003. Penalties.
A violation of this Chapter shall be a Class III offense and subject to a fine as set
forth in § 1-109 of this Code.
___________________________________
Explanation:
Italics indicate new matter added.



I feel so much safer now

 

[Willie Sutton]

"Three-dimensional printer. A computer-driven machine capable of producing
a three-dimensional object from a digital model."


By their definition, a three dimensional printer includes a CNC milling machine.


Willie

.

 

[JRWhit]

I don't understand why an ordinance would be necessary. Regardless of the method used, you still must have a class III to manufacture. Isn't this ordinance just repeating what is already federal law?

 

[swinokur]

PA has preemption. Philly still dpoesn't get it.

 

[Nickel Plated]

I don't understand why an ordinance would be necessary. Regardless of the method used, you still must have a class III to manufacture. Isn't this ordinance just repeating what is already federal law?

Not really. You only need an FFL to manufacture for commerce. So if you're just milling out one or two AR lowers for your own custom builds or printing out a custom receiver design for your own use, you do not need an FFL of any sort. Once you start making them specifically with the intent of selling them as a business. The you need an FFL.

The idea here I guess was to make it illegal for anyone other than an FFL to use a 3D printer to make guns. Intent to sell or not. But like Willie Sutton said, it seems they just ended up banning most every modern form of manufacturing from civilian use.

Not that there's any way to enforce this law. I mean that's the whole point of 3D printing. So whatever, i guess they can celebrate their little "victory"

 

[steelerdude99]

PA has preemption. Philly still doesn't get it.

I am not a lawyer, nor do I play one on TV. Illegal laws (i.e. due to preemption) as well as unconstitutional laws stay in effect until successfully challenged by someone with standing. Even when challenged, a anti-gun judge may say something like: "It's not a "gun issue, it's a manufacturing in a residential area issue" even if it's obviously not. Said differently "Get arrested for printing a gun in Philly and have your day in court".

chuck

 

[BoilerUP]

Only things good in Philly are Independence Hall, Jim's Steaks, and V1 off 27L at KPHL.

 

[raubvogel]

Wasn't there a city commission that wanted to repeal the law of gravity?

 

[Willie Sutton]

Only things good in Philly are <snip>.. and V1 off 27L at KPHL.

Only a pilot would get it. (Ex Alla-Agony Airlines Fokker guy, BTW. Nonstop to Altoona or Bust...)

Well done.


The banning of a CNC machine is too funny... I mean, who wrote that definition? Nobody who ever took metalshop within the last 20 years, that's for sure.


Willie

.

 

[wildbilll]

I am not a lawyer, nor do I play one on TV. Illegal laws (i.e. due to preemption) as well as unconstitutional laws stay in effect until successfully challenged by someone with standing. Even when challenged, a anti-gun judge may say something like: "It's not a "gun issue, it's a manufacturing in a residential area issue" even if it's obviously not. Said differently "Get arrested for printing a gun in Philly and have your day in court".

chuck

I suppose the burden on the city is to prove it was printed within the city limits?

 

[thunder173]

maybe they should consider sending the Liberty Bell to a "free state"?

 

[Nickel Plated]

All in all, this is an entirely symbolic law (with some disgusting symbolism) that will accomplish literally nothing and simply give the politicians an opportunity to say "See, we're doing something to keep this city safe from the emerging threat of 3D printed death machines"
In the end it will affect absolutely nobody, law-abiding or not.