July 19, 2023

Reauthorization of the Undetectable Firearms Act: Implications for Innovation and Second Amendment Rights

Executive Summary

The reauthorization of the Undetectable Firearms Act[1], hidden within the National Defense Authorization Act (NDAA)[2], is a topic of significant concern. The original Act was passed in 1988 as a response to misconceptions surrounding Glock's polymer pistol[3], leading to the false belief that it could evade metal detectors. While the Act sought to ensure the detectability of firearms, advancements in technology, particularly in 3D printing, have prompted discussions regarding the need for a reevaluation of the Act's provisions. This policy brief examines the potential consequences of reauthorizing the Undetectable Firearms Act, particularly in relation to stifling innovation, encroaching on Second Amendment rights, and the ongoing debate surrounding firearm detectability.

 

Background

In 1988, Congress passed the Undetectable Firearms Act[4], primarily in response to misconceptions surrounding Glock's polymer pistol, which was erroneously believed to be undetectable by metal detectors. However, it was later revealed that the claims were unsubstantiated, as the polymer frame still contained metal components, and ammunition itself triggered metal detectors. The Act sought to address these concerns by mandating minimum amounts of metal in firearms to ensure their detectability. The Act was reauthorized in 2013 and is now potentially up for permanent reauthorization.

 

Technological Advancements and Innovation

Since the Act's reauthorization in 2013, technology, particularly in 3D printing, has seen significant advancements. This has led to the emergence of innovative firearms designers, often from the 3D printing community, who have leveraged affordable and accessible technology to create unique firearm designs. 3D printers available for as low as $99 have allowed individuals to become firearms designers, fostering an interest in engineering and design skills. Reauthorizing the Undetectable Firearms Act may impede this innovation and limit the potential benefits derived from these technological advancements.

 

Second Amendment Considerations

 

The potential reauthorization of the Undetectable Firearms Act raises concerns about encroachment on Second Amendment rights. The Act, if reauthorized, could impose restrictions on the manufacturing and possession of firearms, inhibiting law-abiding citizens from exercising their right to bear arms. Balancing the need for firearm detectability with preserving individual liberties is crucial in any policy decision related to firearms regulation.

 

Legislative Process and Stakeholder Influence

Senator Jack Reed (D-RI) is working behind the scenes with Republicans to attach the reauthorization of the Undetectable Firearms Act[5] to the NDAA, indicating potential bipartisan support. However, it is important for all stakeholders, especially gun owners, to voice their opinions and concerns to their respective Senators. The ongoing lobbying efforts by anti-gun activists and the potential for astroturfing campaigns highlight the need for individuals to engage in the democratic process to ensure their voices are heard.

 

Conclusion

Reauthorizing the Undetectable Firearms Act, as hidden within the NDAA, warrants careful consideration due to the potential implications for innovation and Second Amendment rights. The Act's original purpose, based on misconceptions surrounding Glock's polymer pistol, may no longer be applicable in light of technological advancements, particularly in 3D printing.