There are many interesting parallels between the vaping industry and firearms. In particular I am intrigued by the correspondence between DIY in the vaping world and companies like Ghost Gunner (GG).
For those fearful of firearms and guns in general its probably worth gritting your teeth for a short while to learn about what Ghost Gunner has done in the highly regulated world of firearms.
Much like DIY vaping, at least so far, making your own gun is a right granted by the federal government (so much for a Constitution).
The above quote is from here. The underline is mine. Basically if you're just a regular "joe" (gunsmith in this context is anyone doing things privately) you can build your own fire arms. (Meaning you don't have to put serial numbers on them.)
Hmmm... Kind of like a DIY vaper. If you are not manufacturer you are free - more or less - to do whatever you like.
The government really had no problem with all this because no one could realistically make a "gun" at home. Pretty much everyone had to buy and register their firearms-maker manufactured gun at some sort of store. What happened after that was okay because at a crime scene for some gun crime at least there was a serial number and a place to start looking.
Ghost Gunner changed all that. They sell a CNC machine (see more here) for around $1,5000 USD that can make things out of metal. In particular "receivers" for guns - hand guns, AR-15, pretty much anything else you can machine out of aluminum and fit into their CNC machine. (A decent AR probably costs around the same.)
God forbid! Now there are "build parties" for AR-15's and people publishing specs and files on the internet to make all this easy. (Note that the ATF initially went after GG for simply publishing designs of guns online. There was a lawsuit and eventually GGwas free to do what they liked (EDIT: So far able to do what it liked: see https://www.cato.org/publications/legal-briefs/defense-distributed-v-us-department-state.)
The parallels here with vaping and it's interaction with government are striking.
Simply substitute "FDA" for "ATF" and away you go...
I am writing this because of the 80% rule (see this ATF page).
The basic idea is that something that is less than 80% completed (in the case of a gun the "lower reciever - part with trigger, holds the barrel, firing mechanism, etc.) does not meet the statutory regulation of a "manufactured firearm" (I am paraphrasing).
Of course theATF FDA wants everything to be a gun vape.
Then there's FedEx. Since GG is busy doing what is not prohibited by law, but wanted to be illegal, FedEx decided simply not to do business with GG.
(Good think FedEx wasn't in the business of baking cakes in Colorado!)
The legal case for Ghost Gunner has been going on for several years and has now reached the Supreme Court. (See more here.)
Much like the Larry Faircloth vs FDA suit (see this) requesting that the FDA's violation of the First Amendment through restriction of truthful info on vaping (and requiring 0mg e-liquids to be labeled as containing nicotine).
In any case, at least so far, DIY vaping has not been attacked in quite the same way as GG.
And, with Gottleib at the FDA one hopes there will be some relief in general (though Zeller is still at the CTP).
As far as DIY and intellectual property for vaping is concerned, though, the proverbial cat is out of the bag.
And, on the "dual use" front, the GG CNC machine, just like a 510 flashlight, is hardly illegal on its own.
For those fearful of firearms and guns in general its probably worth gritting your teeth for a short while to learn about what Ghost Gunner has done in the highly regulated world of firearms.
Much like DIY vaping, at least so far, making your own gun is a right granted by the federal government (so much for a Constitution).
"The Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 44, requires persons who engage in the business of importing, manufacturing, or dealing in firearms to obtain a license from ATF. The term “manufacturer” is defined in 18 U.S.C. § 921(a)(10) as any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution. The term “dealer” is defined by 18 U.S.C. § 921(a)(11)(B) and in ATF's regulations at 27 C.F.R. § 478.11 to include “any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms…” This type of dealer is commonly referred to as a “gunsmith.” The marking requirements of the GCA apply to firearms imported by a licensed manufacturer or manufactured by a licensed manufacturer. 18 U.S.C. § 923(i). Firearms altered or manufactured by a licensed dealer/gunsmith are not subject to the marking requirements.
The above quote is from here. The underline is mine. Basically if you're just a regular "joe" (gunsmith in this context is anyone doing things privately) you can build your own fire arms. (Meaning you don't have to put serial numbers on them.)
Hmmm... Kind of like a DIY vaper. If you are not manufacturer you are free - more or less - to do whatever you like.
The government really had no problem with all this because no one could realistically make a "gun" at home. Pretty much everyone had to buy and register their firearms-maker manufactured gun at some sort of store. What happened after that was okay because at a crime scene for some gun crime at least there was a serial number and a place to start looking.
Ghost Gunner changed all that. They sell a CNC machine (see more here) for around $1,5000 USD that can make things out of metal. In particular "receivers" for guns - hand guns, AR-15, pretty much anything else you can machine out of aluminum and fit into their CNC machine. (A decent AR probably costs around the same.)
God forbid! Now there are "build parties" for AR-15's and people publishing specs and files on the internet to make all this easy. (Note that the ATF initially went after GG for simply publishing designs of guns online. There was a lawsuit and eventually GG
The parallels here with vaping and it's interaction with government are striking.
Simply substitute "FDA" for "ATF" and away you go...
I am writing this because of the 80% rule (see this ATF page).
The basic idea is that something that is less than 80% completed (in the case of a gun the "lower reciever - part with trigger, holds the barrel, firing mechanism, etc.) does not meet the statutory regulation of a "manufactured firearm" (I am paraphrasing).
Of course the
Then there's FedEx. Since GG is busy doing what is not prohibited by law, but wanted to be illegal, FedEx decided simply not to do business with GG.
(Good think FedEx wasn't in the business of baking cakes in Colorado!)
The legal case for Ghost Gunner has been going on for several years and has now reached the Supreme Court. (See more here.)
Much like the Larry Faircloth vs FDA suit (see this) requesting that the FDA's violation of the First Amendment through restriction of truthful info on vaping (and requiring 0mg e-liquids to be labeled as containing nicotine).
In any case, at least so far, DIY vaping has not been attacked in quite the same way as GG.
And, with Gottleib at the FDA one hopes there will be some relief in general (though Zeller is still at the CTP).
As far as DIY and intellectual property for vaping is concerned, though, the proverbial cat is out of the bag.
And, on the "dual use" front, the GG CNC machine, just like a 510 flashlight, is hardly illegal on its own.
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