Proposed NY law would crack down on people who use 3D printers to make guns at home

Published Jun 5, 2023

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Published Jun 5, 2023

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Lawmakers and Manhattan District Attorney Alvin Bragg are proposing a change to state law they said would close a loophole to make it easier to prosecute people who manufacture homemade, untraceable firearms, also known as ghost guns.

Under current law, it's technically legal to make a so-called ghost gun, just not to possess or sell one. The new measure would also prohibit people from creating ghost guns with a 3D printer or sharing instructions to help others do so.

"We've done many search warrants where we've entered the location and the printers were running, printing lower receivers or printing magazines," said NYPD Inspector Courtney Nilan.

Sen. Brad Holyman-Sigal and Rep. Linda Rosenthal, who both represent parts of Manhattan, said they brought the legislation in response to challenges Bragg's office has faced when trying to prosecute cases that involve ghost guns. If prosecutors find someone with a stockpile of ghost guns, for instance, they can bring charges for illegal possession but not for the manufacturing of those guns — even if they know that the person made them.

Unlike firearms produced by licensed dealers, ghost guns have no serial number, making it more difficult for law enforcement to track them or connect them to crimes. The push for tighter regulations also follows a recent increase in the prevalence and effectiveness of do-it-yourself firearms, according to prosecutors and police.

Bragg said prosecutors have long focused on the trafficking of guns into New York City from states with looser gun laws, a phenomenon referred to as the "iron pipeline."

The NYPD and the Manhattan DA's office have manufactured their own ghost guns and 3D-printed firearm accessories to learn more about the technology.

"Right now, you don't need a pipeline," Bragg said. "You can sit at your kitchen table and print out guns and weapons of destruction."

Would-be ghost gun makers can buy the 3D printer they need to do it for as little as $200 on Amazon. NYPD Inspector Courtney Nilan said basic 3D printers can create the parts in six to eight hours, while more advanced models can print firearm components just two to three hours after downloading a file and inserting a piece of plastic. She compared the process to putting ingredients in a slow cooker and waiting for a meal to come together.

If passed, the bill would make it a class D felony to make a ghost gun or other firearm parts, either by a 3D printer or any other means. Selling or otherwise distributing instructions or design files for homemade guns and gun accessories would be a class A misdemeanor.

The state legislature passed two laws in recent years that banned the possession and sale of ghost guns or unfinished parts that could be easily assembled into firearms. Attorney General Letitia James and Mayor Eric Adams also sued several companies that sell ghost guns, leading to a series of settlements barring the dealers from selling their products to New Yorkers.

The NYPD and local district attorney's offices established the Ghost Guns Initiative in 2020 to investigate and prosecute the growing number of homemade firearms in the city. Since then, the group has prosecuted cases involving at least 42 ghost guns and 90 ghost gun parts, according to the Manhattan DA's office.

Bragg's office said it has prosecuted 90 ghost gun cases since it started tracking in 2021. About 20 ghost guns have been recovered at the scene of homicides or shootings in Manhattan since 2022, according to spokesperson Doug Cohen. But given the limits of the current laws, the DA's office has only been able to charge people for possessing or selling the devices — not for making them.

Assistant District Attorney Bonnie Seok said she's seen cases involving people who have built ghost guns for a range of reasons — from a hobbyist who was bored during the pandemic to people stockpiling homemade firearms to sell. 3D printers also make it easier to get guns for people with felony convictions, who aren't legally allowed to buy them, Nilan said.

With just one week left in the legislative session, Hoylman-Sigal and Rosenthal said there may not be time to vote on the bill this year. But they said they would try to negotiate a last-minute deal. Otherwise, the measure will have to wait until next year.

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Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal 410-925-6766.

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