California Targets 3D Gun Files — A First and Second Amendment Fight

Legal warfare against constitutionally protected rights continues—and increasingly, the battleground is information itself. On February 6, California Attorney General Rob Bonta and San Francisco City Attorney David Chiu announced a lawsuit filed in San Francisco Superior Court targeting Gatalog Foundation, CTRL PEW LLC, and others.

The complaint alleges the defendants unlawfully distributed computer code and digital design files related to 3D-printed firearms and accessories, seeking injunctions and significant civil penalties. However, this case is about way more than 3D printing. It’s about whether states can regulate the sharing of information—and whether computer code is protected speech.

Speech, no matter how popular or unpopular, is strictly protected by the 1^st Amendment of the United States Bill of Rights.  If this lawsuit is allowed to stand, it almost certainly guarantees that other types of speech will be targeted and possibly banned.  If this is successful, next to the chopping block could be online gun manuals.  The government could determine that they help people build home built firearms.  This is why the Founding Fathers put in the protections of the 1^st Amendment.

California already criminalizes certain aspects of 3D firearm manufacturing under state law. Building an illegal firearm is conduct—and conduct falls within the traditional reach of criminal law. What this lawsuit seeks to do goes further. It attempts to restrict the online distribution of digital models and instructions. That implicates the First Amendment.

Courts have previously recognized that computer source code can constitute protected speech. In Bernstein v. Department of Justice, the Ninth Circuit acknowledged that regulating source code is tantamount to regulating speech itself. Now, California appears to be testing the boundaries again—attempting to classify certain digital files as unprotected “purely functional” code. Where that line is drawn could have far-reaching consequences.

Why This Matters Beyond Firearms

Gun control efforts have increasingly focused on “precursor” items:

• Unfinished frames and receivers

• Parts kits

• Conversion components

• Digital blueprints

The pattern is familiar. Restrictions begin with the physical object. Then expand to components. Then extend to information. Once governments establish the authority to regulate speech tied to one controversial subject, the precedent doesn’t remain confined to firearms. Today it’s 3D gun files. Tomorrow it could be something else entirely.  We have seen all over the world what happens when governments seize the authority to regulate speech.  This how you end up with some of the stories we here out of the UK and Canada.

The Third Circuit recently signaled uncertainty in a similar New Jersey case, suggesting “purely functional code” may fall outside First Amendment protections. That ambiguous standard leaves the door open for future restrictions—and for expanded government interpretation of what qualifies as protected speech.

At 2 If By Sea Tactical, we defend the Second Amendment—but we also stand firmly for all constitutional rights for all Americans. The First and Second Amendments are not isolated protections. They are intertwined safeguards against government overreach. If the government can decide which technical information is permissible to publish, the implications stretch far beyond firearms. Restrictions often start with guns. Historically, they don’t end there. That’s why vigilance matters.

Why We Cannot Surrender Ground

While there maybe some legitimate debates about public safety, technology, and regulation. Those debates must occur within constitutional boundaries. The solution to illegal conduct is enforcement of existing laws—not prior restraint on speech. When government actors attempt to expand authority by redefining speech as unprotected conduct, constitutional lines begin to blur or disappears outright.  We must remember the Bill of Rights are not granting us our Rights.  It is restraining government from trampling on those Rights that are given to us by God.

At 2 If By Sea Tactical, we believe:

• Rights must be defended consistently.

• Precedent matters.

• Incremental erosion is still erosion.

  
  

We are committed to protecting the Second Amendment—and to standing for the full spectrum of constitutional liberties that define this country.  Not just here in Minnesota, but wherever they are being attacked.  We know when restrictions begin to chip away at one right, the others are rarely far behind. That is why we are committed to helping you stay informed and staying vigilant. Come visit us or shop online as we help you exercise your rights.  For rights that are used every day are harder to take away.  We will, in the meantime, be monitoring the legal battles shaping both the First and Second Amendments.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world.  As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.

Stay sharp, stay informed, and stay ready.