The model files and designs are protected speech, yes.... but free speech doesn't really follow the transitive property. Just because you can have a copy of the Anarchists Cookbook doesn't mean that building the things in the book are protected speech.
Not in California but generally 3d printing or otherwise self-manufacturing firearms is legal per the 2nd amendment, and publishing files is protected expressive activity (I bet there are some ITAR cutouts for weapons but I suspect that doesn't come into play here).
Self-manufacturing is definitely federally legal by statute but I don't think it is entirely clear that a constitutional right to self-manufacturing is incorporated to states or localities. Heller never mentioned manufacturing.
And on top of that, there is no protected right to 3d printers.
Regardless, it is 1000% more clear that states can't ban you from sending around gun design files.
The state applying strict scrutiny is an intimidation tactic that infringes legitimate speech. We also know very well that none of these systems will work well and that the DOJ will be happy to apply bans as far as they can get away with. It will be the no fly list for physical objects, and we won't even be told what is explicitly banned. We'll just not be able to print something. It will be very hard to argue to argue to the courts and at that point the harm is done, and there is no real effective remedy. They've already blocked and discouraged a legitimate right.
Which physical objects that you make in your home, are actively monitored by the police as you make them? When I bake something in my oven, would it be reasonable for the DEA to have a camera in my kitchen to ensure I do not make weed brownies?
I think you are a little confused because the title is a little bit editorialized, but, this law doesn’t monitor anything in anyone’s home. It controls the commercial sales of 3d printers.
"This bill would require, on or before July 1, 2028, any business that produces or manufactures 3-dimensional printers for sale or transfer in California to submit to the department an attestation for each make and model of printer they intend to make available for sale or transfer in California, confirming, among other things, that the manufacturer has equipped that make and model with a certified firearm blueprint detection algorithm."
This in my opinion is the state monitoring me in my own home. You can split hairs on semantics, but the effect is the same if machine learning or a person does it.
