As with most criminal-law questions, the answer depends heavily on the specific facts, the type and operability of the weapon, and the particular criminal statute involved.
As with most criminal-law questions, the answer depends heavily on the specific facts, the type and operability of the weapon, and the particular criminal statute involved.
Consider a hypothetical situation in which an individual possesses a fully functional 3D-printed firearm. The fact that the firearm was produced with a 3D printer rather than purchased from a traditional firearms manufacturer does not automatically remove it from Pennsylvania’s firearms laws. Pennsylvania statutes generally focus on whether an object meets the applicable statutory definition of a firearm or weapon—not simply on how or where it was manufactured.
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For example, Pennsylvania’s Persons Not to Possess Firearms statute, 18 Pa.C.S. § 6105, prohibits certain individuals from possessing, using, controlling, selling, transferring, or manufacturing firearms. If a person prohibited under § 6105 possesses a functioning 3D-printed firearm that falls within the applicable statutory definition, the fact that it was printed rather than conventionally manufactured does not necessarily provide a defense. A violation of § 6105 can carry serious criminal penalties, including potential state imprisonment depending on the circumstances.
The analysis can become more complicated when the alleged firearm is incomplete, damaged, incapable of firing, or otherwise arguably inoperable. Pennsylvania’s statutory definitions and Pennsylvania appellate decisions concerning operability and what constitutes a firearm can become extremely important. The particular offense charged matters because the definition and required proof may differ depending on the statute.
This is also where forensic and firearms experts may become important. An expert may examine whether the alleged weapon was capable of discharging ammunition, whether it could readily be made operational, what components were present, and whether the object actually satisfies the legal definition applicable to the charge. An inoperable or incomplete object can create significantly different legal questions from a fully functioning firearm.
Technology may change faster than criminal statutes, but that does not mean new technology exists outside existing criminal law. A person should not assume that a 3D-printed firearm is legally treated as a toy simply because it was printed at home.
Every firearms prosecution is highly fact-specific. The exact statute charged, the person’s status, possession, operability, the characteristics of the alleged firearm, and the circumstances surrounding its discovery can all affect the outcome.
Disclaimer: This article discusses a hypothetical situation for general educational purposes only. It is not legal advice, does not predict the outcome of any particular case, and should not be interpreted as suggesting that every 3D-printed object constitutes a firearm under Pennsylvania law.
Montgomery 12/2016
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