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FedEx Won't Ship DIY Gunsmithing Machine 320

An anonymous reader writes Last fall, Defense Distributed — the company created by Cody Wilson of 3D-printed gun fame — announced a DIY gunsmithing machine called the Ghost Gunner. Now, FedEx is refusing to ship the device, saying there are laws or regulations that would prohibit them from shipment. A FedEx spokesperson said, "This device is capable of manufacturing firearms, and potentially by private individuals. We are uncertain at this time whether this device is a regulated commodity by local, state or federal governments. As such, to ensure we comply with the applicable law and regulations, FedEx declined to ship this device until we know more about how it will be regulated." Wilson argues, "They’re acting like this is legal when in fact it’s the expression of a political preference. The artifact that they’re shipping is a CNC mill. There’s nothing about it that is specifically related to firearms except the hocus pocus of the marketing."
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FedEx Won't Ship DIY Gunsmithing Machine

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  • Oh bullshit! (Score:5, Insightful)

    by rfengr ( 910026 ) on Tuesday February 24, 2015 @05:27PM (#49122541)
    There are no regulations covering firearms manufacturing equipment; at least not YET. They are just covering their asses.
    • by sycodon ( 149926 )

      Wonder what the Justice Department has to hold over their heads.

      How soon before they find something to hold over the heads of UPS?

      • Re:Oh bullshit! (Score:4, Insightful)

        by Obfuscant ( 592200 ) on Tuesday February 24, 2015 @05:56PM (#49122837)

        Wonder what the Justice Department has to hold over their heads.

        The same thing they have to hold over everyone's heads: a large number of lawyers looking to right the wrongs their employer tells them to. Also the IRS. They don't need any actual wrongdoing, just the lawyers.

      • Re:Oh bullshit! (Score:4, Insightful)

        by aaron4801 ( 3007881 ) on Tuesday February 24, 2015 @06:05PM (#49122927)
        UPS recently paid $40 million dollars because they shipped fake drugs. Like they were supposed to open all the packages and verify the contents? FedEx is currently facing fines for up to $1.6 Billion for the same. This may be totally unrelated, but at the very least, they are likely not in the mood to go poking the government in the eye over a niche product.
        • Re:Oh bullshit! (Score:5, Insightful)

          by ShanghaiBill ( 739463 ) on Tuesday February 24, 2015 @06:36PM (#49123175)

          UPS recently paid $40 million dollars because they shipped fake drugs.

          They didn't ship fake drugs. They shipped real drugs: prescription drugs from Canada.

          Like they were supposed to open all the packages and verify the contents?

          They didn't need to open the packages. They already knew what was in them.

          If the government did not stop this activity, our health would have been at risk of deteriorating to Canadian levels.

          • Re:Oh bullshit! (Score:5, Insightful)

            by TechyImmigrant ( 175943 ) on Tuesday February 24, 2015 @08:20PM (#49123937) Homepage Journal

            UPS recently paid $40 million dollars because they shipped fake drugs.

            They didn't ship fake drugs. They shipped real drugs: prescription drugs from Canada.

            Like they were supposed to open all the packages and verify the contents?

            They didn't need to open the packages. They already knew what was in them.

            If the government did not stop this activity, our health would have been at risk of deteriorating to Canadian levels.

            No, our health costs were at risk of deteriorating to Canadian levels.

    • by taniwha ( 70410 )

      yes they are, companies do that, ass covering is often an important thing to do - FEDEX doesn't have to carry anything they don't want to, especially something that might put them in a legal liability situation

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      And yet Cody Wilson and his ilk, some of the world's biggest libertarians, are upset that a private company like FedEx refuses to carry their packages? Yawn. Come back to me when the USPS refuses (and then we'll talk about how they are semi-private as well thanks to previous tax-cutting and libertarian action).

      • if the product is leagal (as a CNC mill is) there is no legit reason for a shipping company not to take the package.

        This is nothing but targeted discrimination. where is the ACLU???
        • Re:Oh bullshit! (Score:5, Interesting)

          by JWSmythe ( 446288 ) <jwsmythe@@@jwsmythe...com> on Tuesday February 24, 2015 @06:41PM (#49123201) Homepage Journal

          I've heard of similar things. For example, this guy [typepad.com] sending air, water, and sugar.

          As long as you have the right safety labels, there shouldn't be a problem. The guy in the above link screwed up with the "Rocket Fuel" label.

          If they were sending a mill, why did they say "It's a machine for making guns"? IT could have been labeled as coming from "GG Machine Works", and if they needed a declaration of contents it's just "a CNC machine."

          I can't even think of the countless things I've shipped. Usually I'm only asked on International shipments for the customs declaration. If I explain what's in them, it's too complicated, so they just put "computer parts" or "tools".

          I've received some things that surprised people, like ammunition (legally marked and shipped as such, handled by UPS), a truck front axle, and all kinds of weird smaller things.

          • Re: Oh bullshit! (Score:2, Insightful)

            by Anonymous Coward

            Anybody had enough of things getting regulated or hated on because of what people call them? Call something an attack tool and everybody goes bananas. Call it a "security auditing tool" and it's magically ok (especially if it costs way too much). This is the same thing.

            Oh, yeah: unabashed liberal here and FedEx can go to hell over this one because trampling on ANY freedom is bad. This is exactly why we should never have a private-only delivery and mail system in the US as well.

          • Marketing. A lot of people really like guns - selling your product as a gun-making machine can lead to increased sales, and allow you to charge a higher price.

        • This is nothing but targeted discrimination. where is the ACLU???

          The ACLU doesn't believe in the right to bear arms. It's the American Civil Liberties Except-for-Firearms Union, but ACLEFU just doesn't flow

      • Re:Oh bullshit! (Score:5, Insightful)

        by Jiro ( 131519 ) on Tuesday February 24, 2015 @06:35PM (#49123173)

        You don't seem to understand libertarianism. Libertarians believe that private actions should be legal. Libertarians do not believe that you should not complain about private actions.

        Furthermore, in this case, if FedEx really is afraid of legal liability, or if the government is in other ways putting pressure on them, it's not a private action anyway. Government involvement is inherently not private.

      • Re:Oh bullshit! (Score:4, Insightful)

        by Archangel Michael ( 180766 ) on Tuesday February 24, 2015 @06:40PM (#49123199) Journal

        Change "guns" to flowers and Customer type from "gun loving" to Gay and see if you have a change it attitude.

        FedEx refused to ship flowers to a gay man

        You see, there is NOTHING "immoral" or "illegal" about either flowers, gunsmithing equipment, being a gun lover or lover of men. In fact, there is nothing different here except POPULAR OPINION.

        • Re: (Score:2, Insightful)

          Change "guns" to flowers and Customer type from "gun loving" to Gay and see if you have a change it attitude.

          FedEx refused to ship flowers to a gay man

          You see, there is NOTHING "immoral" or "illegal" about either flowers, gunsmithing equipment, being a gun lover or lover of men. In fact, there is nothing different here except POPULAR OPINION.

          except you're adding unnecessarily to the hypothetical

          "FedEx refuses to ship flowers." is DRASTICALLY different than "FedEx refuses to ship flowers to Alpha because of who Alpha is."

          FedEx is refusing to ship a specific product, not refusing to deliver products to people because of their identity. The situations are entirely different.

          • How do professional gunsmiths get their tools if no one will ship them? Is Fed Ex refusing to deliver only this specific gunsmithing tool because the intended users are amateur gunsmiths?
        • Re: (Score:2, Troll)

          by GrahamCox ( 741991 )
          Goodness knows why this has been modded up as insightful. There is no analogy between guns and flowers, and FedEx are not concerned with the identity of the recipient, so adding in the false conflation of "gay man" and "gun loving" is your invention. I fully applaud FedEx's stance - the one thing the USA does not need any more of is guns. Besides, Cody Wilson is a grade-A twat.
        • there is nothing different here except POPULAR OPINION

          Actually despite many corporations anti-gun views, and the media and governemnt's anti-gun views, the actual "Popular Opinion" on guns is either slanted Pro, or at the very least, neutral. It's just the groups with the loudest mouths and most money and power that are the majority of 'anti-' gun, so it only seems that it is the popular opinion.

    • by msauve ( 701917 )
      But there are laws covering motor carriers, including FedEx Ground. My understanding (lawyers feel free to step in) is that they must carry goods per their tariff [fedex.com], which does not prohibit the equipment in question.

      A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.

      49 U.S. Code section 14101 [cornell.edu]

    • What is amusing about this is that US laws are so complicated and unclear with all sorts of corrupt provisos that not even lawyers can probably answer that question.

      Who knows what weird law they will hit them with? The government can more or less do whatever they want including things extra-judicial.

      But I am glad you have us covered with your decade of research...

      BTW: This is the system working as "intended".
    • They are not covering their asses, they are actively participating in gun control by exercising their right to refuse service to further their own (owners/shareholders/CEO) personal political views.

      There are no laws that would restrict shipment of this equipment, and it is stupid of them to make that claim, and must be assuming people are stupid enough to believe that excuse. There are also no laws making it illegal to manufacturer your own firearm (so long as your legally allowed to own one otherwise).
  • by Anonymous Coward on Tuesday February 24, 2015 @05:29PM (#49122565)

    I have worked for fedex for 15 years. I assure you this is not a hippie liberal company.

    Corporations are naturally risk adverse. And it doesn't matter if it's a marketed mill... we can't ship a ball bearing certain places if you tell us it can be used on a tank. Regulations are what they are.

    • I have worked for fedex for 15 years. I assure you this is not a hippie liberal company.

      Corporations are naturally risk adverse. And it doesn't matter if it's a marketed mill... we can't ship a ball bearing certain places if you tell us it can be used on a tank. Regulations are what they are.

      AC tries using a ball bearing on a tank, it has no effect.

      • by Actually, I do RTFA ( 1058596 ) on Tuesday February 24, 2015 @05:52PM (#49122801)

        If you say it is "X", FedEx has to treat it like "X". It you say it is not X, you (the liar) will bear the liability. So FedEx doesn't care. If you say it is "X" when it is "not X", why would FedEx risk it?

        • Re: (Score:3, Insightful)

          by Anonymous Coward

          Look, this guy isn't complaining because he can't ship what he wants, he's complaining because it's good business. More complains = more news coverage = more sales. Everyone here is making some good points, and the libertarian thing is kind of funny, but the more a story is made out of this, the more he wins. He's getting free advertising right here.

        • by HiThereImBob ( 3935253 ) on Tuesday February 24, 2015 @08:58PM (#49124193)

          If you say it is "X", FedEx has to treat it like "X". It you say it is not X, you (the liar) will bear the liability. So FedEx doesn't care. If you say it is "X" when it is "not X", why would FedEx risk it?

          It is "X". It is also "Y" and "Z" along with "L", "M", "N", "O", and "P". CNC Mills can be used to make damn near anything. I am officially notifying FEDEX that any CNC Mill can be used for gunsmithing. Also, Lab equipment / chemicals can be used for making drugs and bombs. Plane parts can be used to assemble planes a terrorist could use to crash into a building, and car parts can be used to facilitate both murder and drug smuggling. Camera and video equipment can be used by pedophiles, as can computers and networking gear (do I really need to keep going?). I expect them to step up and stop shipping these things at once.

          • A friend of mine once got killed by a truck. He got better after a while, but still. I demand that FedEx stops using trucks at once!

      • AC tries using a ball bearing on a tank, it has no effect.

        you need a much bigger ball bearing to do mega damage. you could bounce that off the paint all day and not leave a scratch.

        • AC tries using a ball bearing on a tank, it has no effect.

          you need a much bigger ball bearing to do mega damage. you could bounce that off the paint all day and not leave a scratch.

          That depends on how fast it's moving.

    • because someone labels a cnc mil a dyi gun maker they panic. but 2 issues both making your own gun and a cnc are not illagle.
  • by Anonymous Coward

    Can't they refuse to ship anything on whatever grounds they want, or are they mandated to carry anything that they aren't banned from shipping?

    • Re: (Score:3, Insightful)

      by Anonymous Coward

      Cody Wilson, self-avowed libertarian and near anarchist, is upset that a private company refuses to do business with him. News at 11.

      • Re: (Score:3, Insightful)

        by Jiro ( 131519 )

        You don't seem to understand libertarianism. Libertarians believe that private actions should be legal. Libertarians do not believe that you should not complain about private actions.

        Furthermore, in this case, if FedEx really is afraid of legal liability, or if the government is in other ways putting pressure on them, it's not a private action anyway. Government involvement is inherently not private.

        But then I already said this.

      • When libertarians expound that businesses should be able to deny service to any one for any reason, they also say "but then they can expect to be held up o public ridicule for it." So a baker has a right to refuse to sell a wedding cake to a gay couple, but can expect protests on his doorstep.

        Same thing here: FedEx can refuse to do their services for any reason they care to spout (or to keep secret if they wish) as is their right (or at least it ought to be).

        Two things though. One is the concomitant public

        • No no no no no. What is right (or right, acceptable) isn't the same as what is condoned, or a good idea. The liberal (libertarian) position is "I'm not going to force them to stop." You know, keep your nose in your own business. Formally, this is called the non-aggression principle.

          Now, FedEx is declining to ship the product because they're being spineless and afraid of legal action. (Or at least this employee, corporations tend to be less consistent about this stuff than the language would lead you to beli

  • Because that's all it is... and there are plenty of cheaper ones out there.
    • by itzly ( 3699663 )

      If that's all it is, then there's not much of a problem. People can just order one of the other CNC machines.

    • I wonder if Grizzly Industrial runs into trouble with this; they explicitly advertise how you can use their machine tools to make guns, and in fact some SKUs are labelled as "gunsmithing lathes".

  • by DocSavage64109 ( 799754 ) on Tuesday February 24, 2015 @05:39PM (#49122683)
    Lol. If he just told the FedEx rep that he was shipping 1'x1'x1' aluminum mills, there would be no problem. This is what he gets for over sharing. It's like telling police officers you smoke weed.
    • by zieroh ( 307208 ) on Tuesday February 24, 2015 @05:48PM (#49122761)

      It's almost like he was more interested in publicity than in actually shipping a product.

      • well now everyone knows he has a product. and i doubt UPS will refuse his money. so it is a win win for them, while at the same time painting fedex in a bad light (regardless of this being their "right")
    • by unrtst ( 777550 )

      It's like telling police officers you smoke weed.

      No... but it is like labeling the pipes your store sells as "hash pipes". Some stores (possibly only in certain states, especially now that pot is legalized in some states) will happily sell you bongs and small glass pipes and bubblers and one hitters etc etc etc so long as you do not refer to them by any of their cannabis-associated names. Some go a step further, and will ask you to leave the store if you do refer to them by those names, pretending that "they are not in the business of selling paraphernali

  • Intent matters. You sell a bong as for tobacco and you're fine - you sell it as "FOR GETTING HIGH ON MARIJUANA" and you're in the shit. Argue with the law if you want (although the law makes a lot more sense than geeks like to think), but don't argue from a position of ignorance.

    • Not in my home state. A bong is classified as 'drug paraphenalia' whether you smoke tobacco or no.
      • Which state is that? Seems insane to me.

      • Not in my home state. A bong is classified as 'drug paraphenalia' whether you smoke tobacco or no.

        probably not, because that would eliminate all water filters. usually it's only once it's got residue on it that it becomes drug paraphenalia.

    • Argue with the law if you want (although the law makes a lot more sense than geeks like to think), but don't argue from a position of ignorance.

      the problem is you are correct. but it is fedex who is the one arguing from the position of ignorance. There is nothing wrong with a CNC machine, in fact, that is the argument everyone loves to bring up when pointing out that 3d printing is not going to change things because people could ALWAYS do it on their own.

  • Irony (Score:5, Insightful)

    by tverbeek ( 457094 ) on Tuesday February 24, 2015 @05:41PM (#49122705) Homepage

    So here's a guy who calls himself a "libertarian", declaring that it's not legal for a private entity to refuse to do business with him based on their political views.

    • Any freedoms end if they hurt business. That's the new Libertarianism.
    • Re: (Score:2, Insightful)

      If only he was LBGT then he could join the bandwagon of being a victim of discrimination for someone refusing him some service. That's been all the rage the past few months.
    • not really the argument being made

      fed ex is claiming that it might be illegal to do so (which is wrong), has nothing to do with political views.

      In fact, if fedex came out and claimed it was their views, im sure cody would simply say ok, and use UPS without much of an issue
    • by DRJlaw ( 946416 )

      So here's a guy who calls himself a "libertarian", declaring that it's not legal for a private entity to refuse to do business with him based on their political views.

      Where does he declare that it's illegal for FedEx to refuse his business?

      "Defense Distributed's founder Cody Wilson argues that rather than a legal ambiguity, FedEx is instead facing up to the political gray area of enabling the sale of new, easily accessible tools that can make anything -- including deadly weapons. 'They're acting like this i

    • I am no fan of firearms and would take them out of your (not cold and dead) hands if I could. That said, isn't FedEx a common carrier? There are rules for such things.

      • There are rules for such things.

        The rules say they can refuse a shipment that they believe to be illegal, and notify law enforcement, too.

        • The rules say they can refuse a shipment that they believe to be illegal, and notify law enforcement, too.

          Yes. The problem here is establishing when a tool is one for violating the law, and when is it just a tool. And courts can place much credence upon the creator's own explanation of the tool, which is damned incriminating, IMO.

          So, what bothers me about this is the extent to which it impairs the transport of other similar tools, not this particular one.

          • Fortunately, it's not illegal to make a [legal] gun. Having made it, it's illegal to do many things with it without special dispensation or a special license, but as I'm sure you know that tends not to be the responsibility of the manufacturer so long as the device can successfully be shown to have "substantial non infringing use"- I believe the saying goes.

            What it boils down to is that you shouldn't attempt to intentionally provoke people with fancy names unless you're looking for attention. Simply declari

  • They won't ship a CNC mill for the above stated reason, yet they'll gladly ship functional firearms on a regular basis?
  • I understand why a company would worry about this. They want to save their business and don't want to be wrapped up in something bad. But here is the thing, it seems to me that in this country where we ask the question "Is this legal?" way too often. This is just one case of it. We have natural rights in this country. The Bill of Rights limits what the government can do that could threaten those rights. Buying a machine to make weapons to defend yourself is a natural right. Note, that making a gun for yours
  • Fedex is a for-profit corporation. It can refuse any customer it wants. That's the libertarian way, right? Private individuals and companies should only conduct business with mutual consent? Well, good. The libertarian behind "Defense Distributed" is getting what he asked for.

  • New York is suing UPS for 180 million dollars for not preventing their customers from using them to ship cigarettes and avoiding cities huge revenue stream of a tobacco tax. You think they would hesitate to do the same for machining equipment that has been marketed as able to "manufacture" a gun? http://nypost.com/2015/02/18/n... [nypost.com]
  • What else can be used in the manufacture of firearms?

    * die grinders
    * drills
    * welders
    * Crucibles
    * plaster (good for making casting molds)
    * springs
    * saws
    * CNC mills from other vendors

    and yet, they have no problem shipping any of that, right?

  • by Anonymous Coward

    FedEx is probably playing CYA.

    The problem is that DD's box is designed to machine "80% receivers" to completion. The reason FedEx is playing CYA is because an 80% receiver is legally a "non-gun" in the eyes of the BATFE (until the policy gets changed) and anyone - and I mean ANYONE - can buy an 80% receiver because it's just a lump of metal. It's the machining of a couple of holes, pockets, and chambers that convert an 80% receiver into a firearm. Yes, the BATFE pretty much defines a firearm as the part of

  • It sounds like someone is trying to force a company to transport a good to a customer. That sounds counter to the free market as I understand it. Under a free market isn't a company free to turn down any business they don't want to be involved with? If FedEx doesn't want to handle and deliver this product, why are people trying to force them to?
  • ... to do the exact same thing.

If all else fails, lower your standards.

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