Federal Court Upholds New Jersey Ban on Sharing 3D Gun Files — What It Means for 2A

In a decision carrying both First and Second Amendment implications, the United States Court of Appeals for the Third Circuit has upheld New Jersey’s ban on sharing digital gun design files. The unanimous three-judge panel ruled against Defense Distributed and the Second Amendment Foundation, finding that the plaintiffs failed to sufficiently demonstrate that the 3D-printed firearm code at issue qualified as protected speech under the First Amendment.

Judge Cheryl Krause, a Barrack Obama appointee, wrote for the panel that while some computer code can fall under First Amendment protections, “purely functional code with no actual or intended expressive use does not.”  This is a dangerous precedent for the First Amendment.  We have seen in the past where governments have declared things that go against their agendas as not protected.  It puts the onus on the defendants, not the government to show how Rights are applied.

The lawsuit centered on New Jersey’s law banning:

• The unlicensed 3D printing of firearms

• The sharing of digital gun design files with unlicensed residents

Defense Distributed argued that distributing the files was protected speech and that the law violated both First and Second Amendment rights. The court disagreed. On the Second Amendment claim, the panel found the plaintiffs failed to show that the statute actually prevented them, or their members, from building firearms.

On the First Amendment claim, the court acknowledged that computer code can be speech, but held that the plaintiffs failed to demonstrate that the specific files at issue had expressive purpose beyond functional use. In short, the court did not rule definitively that digital gun files are not speech—but said the plaintiffs did not make a strong enough case in this instance.

Why This Matters Beyond New Jersey

While this case applies directly to New Jersey, the broader implications are significant. Blue states have increasingly explored ways to regulate not just physical firearms—but the digital sharing of gun-related information. California has already launched similar legal efforts targeting online file distribution across state lines.

The danger is clear: if states can regulate or criminalize the sharing of firearm design files, it opens the door to broader restrictions on technical data, instructional content, and online firearm resources. And once legal precedent builds in federal circuits, other states—including Minnesota—could attempt to follow suit.

Why Minnesota Should Pay Attention

Minnesota lawmakers have already demonstrated interest in expanding firearm regulations in recent years. If courts continue to allow restrictions on digital firearm files under narrow First Amendment interpretations, anti-gun legislators could attempt similar measures here.

That means:

• Increased scrutiny of online firearm content

• Potential restrictions on file sharing or digital resources

• Legal gray areas for hobbyists and home builders

  
  

Even if you have no interest in 3D printing firearms, the constitutional principles at stake affect the broader right to access and share firearm-related information. At 2 If By Sea Tactical, Southern Minnesota’s Premier Indoor Range and Firearms Store, we don’t just sell firearms—we track the legal and cultural battles shaping the future of the Second Amendment.

From federal court rulings to state-level legislation, we stay on top of developments so you can stay informed. The fight for 2A isn’t just about what you can own—it’s increasingly about what you can say, share, and learn. If you want a trusted source for all things Second Amendment in Southern Minnesota, you’ll find it right here at 2 If By Sea. Stay vigilant. The legal landscape is shifting—and Minnesota is never far behind.

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.