BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subtitle II, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 25N. 3-DIMENSIONAL PRINTERS AND BLOCKING TECHNOLOGY

§ 2501N. Definitions.

(1) "3-dimensional printer" means any of the following:

a. A machine capable of rendering a 3-dimensional object from a digital design file using additive manufacturing.

b. A machine capable of making 3-dimensional modifications to an object from a digital design file using subtractive manufacturing.

(2) "Blocking technology" means hardware, software, firmware, or other integrated technological measures capable of ensuring a 3-dimensional printer will not proceed to print any print job unless the underlying 3-dimensional printing file has been evaluated by a firearms blueprint detection algorithm and determined not to be a printing file that would produce a firearm or illegal firearm parts.

(3) “Firearm” means as defined in § 222 of Title 11.

(4) "Firearms blueprint detection algorithm" means a software service that evaluates 3-dimensional printing files, whether in the form of stereolithography (STL) files or other computer aided design files or geometric code, to determine if the files can be used to program a 3-dimensional printer to produce a firearm or illegal firearm parts, and flag any such files to prevent their use to manufacture a firearm or illegal firearm parts.

(5) "Illegal firearm parts" means an unfinished frame or receiver, a major component of a firearm, or any part designed and intended for use in converting a semi-automatic weapon into a machine gun, including a pistol converter.

(6) “Pistol converter” means any of the following:

a. A device or instrument that, when installed in or attached to the slide of a semiautomatic pistol, interferes with the trigger mechanism, enabling the pistol to discharge a number of shots or bullets rapidly or automatically with 1 continuous pull of the trigger.

b. A device, part, combination of parts, kit, tool, or accessory that is not necessary for the function of the pistol and that, when built into, installed in, or attached to the pistol, increases the rate of fire above the rate at which a person can fire the pistol without the device, part, combination of parts, kit, tool, or accessory.

§ 2502N. Prohibition.

(a) No person may sell or deliver any 3-dimensional printer in the State unless the printer is equipped with blocking technology.

(b) All 3-dimensional printer manufacturers must submit to the Attorney General a sworn attestation that they have equipped a make and model with blocking technology in order for sales and deliveries of the make and model to be lawful under this chapter. The Attorney General may promulgate rules and regulations, as necessary, to ensure compliance with this subsection, including developing and publishing guidance on the form in which attestations must be submitted and mechanisms to coordinate with other jurisdictions that have similar attestation requirements to minimize duplication of reporting requirements. The Attorney General must publish or facilitate the publishing of a regularly updated and publicly available list of all the makes and models of 3-dimensional printers whose manufacturers have submitted attestations pursuant to this subsection.

§ 2503N. Penalties; remedies.

A violation of § 2502N of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of chapter 25 of this title.

§ 2504N. Working group.

(a) No more than 120 days after [the effective date of this Act], the Attorney General’s Office shall convene a working group that includes experts in additive manufacturing technology, artificial intelligence and digital security, firearms regulation, public safety, consumer product safety, and any other relevant disciplines determined to be necessary to comply with this section. No later than 1 year after the working group convenes, the working group must make recommendations regarding, at a minimum, all of the following:

(1) The minimum safety standards a 3-dimensional printer’s blocking technology must meet in order to comply with the requirements of this chapter.

(2) Available and appropriate types of blocking technology, including minimum performance standards for those technologies and for firearm blueprint detection algorithms.

(3) Necessary safeguards to reduce the risk of circumvention of blocking technology.

(4) Alignment with existing state and federal law, including the feasibility of relying on blueprint libraries established under the law of other states or governments.

(5) Technological and operational feasibility of requiring 3-dimensional printers to incorporate blocking technology.

(6) The resources necessary for the Attorney General to effectively implement, oversee, and enforce this chapter, including whether the necessary resources may be minimized through coordination with other jurisdictions.

(7) A determination as to whether it is technologically and operationally feasible to require 3-dimensional printers sold in the State to include blocking technology.

(b) If the working group determines that it is not technologically or operationally feasible to require 3-dimensional printers sold in the State to include blocking technology, no regulations are required to be promulgated pursuant to this section until the working group determines that it is technologically and operationally feasible to do so. The working group must report on its progress pursuing the feasibility of requiring 3-dimensional printers sold in the State to include blocking technology every 6 months until the working group determines that it is technologically and operationally feasible to do so and subsection (c) of this section applies or until the working group reports that such feasibility is not likely to occur in the reasonably foreseeable future.

(c) Upon receiving the recommendations from the working group and a determination of technological and operational feasibility pursuant to subsections (a) or (b) of this section, the Attorney General’s Office is authorized to:

(1) Promulgate and publish rules or regulations establishing performance standards for blocking technology and any other rules and regulations as may be necessary to carry out the provisions of this chapter.

(2) Facilitate the creation and maintenance of a library of firearm blueprint files and illegal firearm parts blueprint files. The library must be updated on a regular basis by adding new files that enable the 3-dimensional printing of firearms or illegal firearm parts. The Attorney General may work with other government agencies or an academic or research institution, including those in other states, to assist with the creation and maintenance of the file library. The library must be made available to 3-dimensional printer manufacturers, vendors with demonstrated expertise in software development, or experts in computational design or public safety, for the development and improvement of blocking technology and firearm blueprint detection algorithms. The Attorney General must establish safeguards to prevent unauthorized access to and misuse of the library and must prohibit all persons who are granted access to the library from misusing, selling, disseminating, or otherwise publishing its contents. The Attorney General is authorized to enter into agreements to access and contribute to secure centralized digital libraries of firearm blueprints compiled by another state government.

(d) All reports under this section must be submitted to the Governor, the Director and Librarian of the Division of Legislative Services, and the Secretary of the Senate and the Chief Clerk of the House of Representatives for distribution to all members of the General Assembly.

§ 2505N. Criminal penalties; unauthorized access; Class E felony.

(a) A person is guilty of unauthorized access to a firearm blueprint library when the person knowingly accesses a firearm blueprint library maintained pursuant to § 2504N(c)(2) of this title for purposes of using a blueprint file maintained by the firearm blueprint library to do any of the following:

(1) To render a firearm or illegal firearm part.

(2) To distribute, disseminate, or publish a blueprint file maintained by the firearm blueprint library to an individual who is not authorized to access the firearm blueprint library.

(b) Unauthorized access to a firearm blueprint library is a Class E felony.

Section 2. (a) Except as provided by subsection (b) of this section, this Act is effective immediately.

(b) Sections 2502N, 2503N, and 2505N of Title 6 shall be effective 6 months after notice by the Attorney General is published in the Register of Regulations that final regulations to implement this Act have been adopted.

SPONSOR:	Rep. Griffith & Rep. Kamela Smith & Sen. Lockman
Reps. Morrison, Snyder-Hall; Sens. Hansen, Pinkney