President Joe Biden has signed an executive order establishing a task force aimed at addressing what the administration describes as “emerging firearm threats,” with a particular focus on machinegun conversion devices and 3D-printed firearms that lack serial numbers. The White House announced the initiative in a press release, stating that the task force will work to create a report outlining its findings and potential recommendations for legislative action.
According to the administration, the report will assess the current legal framework surrounding these firearms and make suggestions for any additional powers or funding federal agencies may require from Congress to address the issue. The White House emphasized that the report will target illegal and potentially dangerous firearm manufacturing processes, including the production of firearms that violate the Undetectable Firearms Act.
The Biden administration’s executive order has sparked concerns from Second Amendment advocates who argue that the task force’s efforts could be used to further restrict gun rights. The order also includes a directive to evaluate current laws governing the export and import of software and technology used in the 3D printing of firearms, including undetectable firearms, as well as the feasibility of 3D printers proactively blocking the creation of such weapons.
Critics have pointed out that regulating software related to 3D printing could raise First Amendment issues, as computer code has historically been recognized as a form of speech. The U.S. Court of Appeals for the Ninth Circuit addressed this matter in Bernstein v. U.S. Department of Justice (1999), ruling that software code is protected under the First Amendment, particularly when the government attempts to restrict its publication or distribution.
The executive order calls for an interagency plan involving the Department of Justice and the Department of Commerce to limit the illegal distribution of software that could be used to produce untraceable or undetectable firearms. The task force is expected to provide its findings to the administration, which may then pursue legislative measures based on the report’s recommendations.
At present, the executive order does not directly implement any new restrictions but calls for assessments of potential actions related to both firearms and the software used to create them. However, gun rights groups and other constitutional advocates have expressed concerns that the initiative could lead to future efforts that restrict both firearm ownership and digital freedoms.
