New York’s Proposed Bill A8132: Mandatory Criminal Checks for 3D Printer Buyers

The state of New York has introduced a new bill, A8132, which will require 3D printer buyers to pass a criminal record check.

To be clear, this is merely proposed legislation for that state, and it has not been enacted. It must pass through both houses and the state’s governor before becoming law.

What’s in this bill? It’s remarkably short, but in a nutshell it requires retailers in the state who sell 3D printers to obtain a criminal record check of the buyer before the sale can be completed. The criminal check, which could involve nation-wide fingerprint verification, must be returned to the retailer within “fifteen business days”.

Here’s the entire text (caps are theirs):

“AN ACT to amend the general business law, in relation to criminal history background checks for the purchase of three-dimensional printers capable of creating firearms

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The general business law is amended by adding a new section 398-g to read as follows:

§ 398-G. SALE OF CERTAIN THREE-DIMENSIONAL PRINTERS.

1. ANY RETAILER OF A THREE-DIMENSIONAL PRINTER SOLD IN THIS STATE WHICH IS CAPABLE OF PRINTING A FIREARM, OR ANY COMPONENTS OF A FIREARM, IS REQUIRED AND AUTHORIZED TO REQUEST AND RECEIVE CRIMINAL HISTORY INFORMATION CONCERNING SUCH PURCHASER FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW. ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY THE PROVISIONS OF SUCH SECTION. THE DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
2. WITHIN FIFTEEN BUSINESS DAYS AFTER RECEIVING A REQUEST FOR CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REVIEW SUCH CRIMINAL HISTORY INFORMATION AND DETERMINE WHETHER SUCH PURCHASER HAS BEEN CONVICTED ANYWHERE OF A FELONY OR A SERIOUS OFFENSE OR WHO IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE WHICH WOULD DISQUALIFY SUCH INDIVIDUAL FROM BEING LICENSED TO CARRY OR POSSESS A FIREARM UNDER SECTION 400.00 OF THE PENAL LAW. SUCH COMMISSIONER SHALL PROMPTLY NOTIFY THE SELLER OF HIS OR HER DETERMINATION IN THIS REGARD. NO RETAILER SHALL SELL ANY THREE-DIMENSIONAL PRINTER CAPABLE OF PRINTING A FIREARM UNLESS THE DIVISION OF CRIMINAL JUSTICE SERVICES PROVIDES WRITTEN NOTIFICATION OF THE DETERMINATION UNDER THIS SUBDIVISION.
3. FOR PURPOSES OF THIS SECTION, “THREE-DIMENSIONAL PRINTER” MEANS A COMPUTER OR COMPUTER-DRIVEN MACHINE OR DEVICE CAPABLE OF PRODUCING A THREE-DIMENSIONAL OBJECT FROM A DIGITAL MODEL.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.”

Note that their definition of a 3D printer, point 3, clearly includes any digital manufacturing device, including CNC mills, lathes and other gear commonly found in metal workshops.

Those of us familiar with 3D printers will immediately recognize this as complete nonsense. It seems to be an attempt by a NY legislator to gain some publicity without regard to the effects of the law.

This law, if enacted, would severely affect 3D printing in New York State. I’ve read that in NYC, for example, 38% of residents have a criminal record of some sort, with over 2.2M residents state-wide having a conviction.

Now, not all of those convictions would disqualify one from buying a 3D printer under the new law, but my point is that this would block an enormous number of citizens from using the technology. Or from at least buying the technology.

It’s quite possible that almost all 3D printers will be affected by this legislation. Even a 3D printer designed for children could potentially be able to print these components. Would parents even consider buying a 3D printer for their children if they realized they had to get a criminal record check before doing so? Would they then believe that 3D printers are somehow “bad” because of this? How many children will NOT be exposed to digital manufacturing because of this proposed law?

This legislation would also severely affect industrial sales. Imagine all the resellers of industrial metal and polymer 3D printers, along with the sellers of CNC machines, now having to have all of their customers obtain criminal record checks before every sale. How would this work with a sale to a company, anyway? Would ALL staff have to undergo a check? Or just the buyer?

I understand that police forces worldwide are seeing an uptick in the use of “ghost guns”, which are gun kits missing one critical part that can be 3D printed. There has already been legislation in the works to control the sale of these kits, which seems like a far better solution than simply locking up all the 3D printers.

This legislation is not the way to solve that issue.

Via NY Senate