Court victory legalizes 3D-printable gun blueprints

[Origanalist]

https://www.nj.com/politics/index.ss...ues_nj_ag.html

Jersey's AG sued over move to block 3D-printed gun website in N.J.



Cody Wilson posted on Twitter that he's now being sued by 21 state AG's. The complaint he filed agains NJ and LA's AG's is a good read.

[Swordsmyth]

Update: Somewhat as expected, after the hysteria if the last few days, CNN reports that Federal Judge Robert Lasnik - an Obama appointee - issued a temporary restraining order on Tuesday "blocking (the) federal government from allowing distribution of downloadable 3D printed" guns, according to a tweet from the Washington State Office of the Attorney General.

"The judge's rule is clear," Washington Attorney General Bob Ferguson said at a news conference. "We go back to the status quo, before the federal government made the disastrous decision to undo these protections for public safety."

"Disastrous decision", "reckless" - once again the hysterical reactions from the left spew forth, but as spokeswoman Brionna Aho notes, the judge's ruling does not order Defense Distribution to take the plans for the guns off their website, but keeping them up is again illegal.

"The effect is restoring the status quo before the government took action but (the judge) hasn't technically ruled on the lawfulness of the government action yet."

Defense Distributed founder Cody Wilson said the site has disabled downloads until he reviews the order.
* * *

More at: https://www.zerohedge.com/news/2018-...d-printed-guns

Too late, the genie is out of the bottle.

They can't stop torrents:

https://thepiratebay.org/search/Defe...ributed/0/99/0

[Root]

I'm surprised, but I see a bigger strategy at play at the same time.

[Origanalist]

I'm surprised, but I see a bigger strategy at play at the same time.

He'll be back.

[specsaregood]

"blocking (the) federal government from allowing distribution of downloadable 3D printed"

lol, what a stretch. where do they get the authority to stop the govt from allowing distribution? Let alone, not allowing distribution to begin with? ITs all so backwards it is boggling.

[Brian4Liberty]

In a decision from the bench issued immediately after an hourlong argument by lawyers for both sides, Judge Robert S. Lasnik of United States District Court said the lawyers bringing the suit had established “a likelihood of irreparable harm” and of success on the merits.

Judge Lasnik said in his ruling that there were “serious First Amendment issues” that would need to be worked out later in court, but that for the moment, there should be “no posting of instructions of how to produce 3-D guns on the internet.” The judge set a follow-up hearing for Aug. 10 in his courtroom in downtown Seattle.

A District judge in Seattle has the power to say what happens on the global internet. Talk about unelected bureaucrats...

[Swordsmyth]

lol, what a stretch. where do they get the authority to stop the govt from allowing distribution? Let alone, not allowing distribution to begin with? ITs all so backwards it is boggling.

A District judge in Seattle has the power to say what happens on the global internet. Talk about unelected bureaucrats...

This will be overruled.
Trump needs to get SCOTUS to rule that lower judges have no authority outside their jurisdictions.

[AuH20]

[Swordsmyth]

A federal judge in Washington state ruled Monday that the government needs to keep in place a ban effectively blocking a Texas-based company from posting online plans for 3D-printed firearms, ruling that the Trump administration likely cut too many corners in its decisions.
U.S. District Judge Robert S. Lasnik extended his ban, first issued late last month, saying concerns about public safety and a potential spate of downloaded plans outweigh Americans’ First Amendment rights to post the files online.
“Plaintiffs have a legitimate fear that adding undetectable and untraceable guns to the arsenal of weaponry already available will likely increase the threat of gun violence they and their people experience,” Judge Lasnik, a Clinton appointee, said in his 25-page ruling.
He said the case raises complicated questions about whether computer files can be protected speech — but said for now he presumes Cody Wilson, founder of Defense Distributed, has a First Amendment right to publish the blueprints. But he said that is “dwarfed” by the potential harm.
The judge said extending the ban on publication keeps things as they are, while he continues to review the situation.

Judge Lasnik said the government ignored steps in the regulatory process, including a requirement to notify Congress before removing items from the restricted export lists, and failed to do a full analysis of the effects of having 3D-printed firearms plans available online.
The Democratic state attorneys general who brought the lawsuit praised the ruling, saying they feared terrorists and other dangerous people barred from buying guns would have been able to circumvent the law and produce their own untraceable plastic weapons.
“Once again, I’m glad we put a stop to this dangerous policy,” said Washington state Attorney General Bob Ferguson. “But I have to ask a simple question: Why is the Trump administration working so hard to allow these untraceable, undetectable 3D-printed guns to be available to domestic abusers, felons and terrorists?”
Josh Blackman, one of the lawyers for Defense Distributed, said they were reviewing the court’s decision and weighing all their options.
In the weeks since Judge Lasnik’s original temporary restraining order, gun-rights advocates started posting some of the 3D blueprints to other websites, saying they weren’t bound by the court case or the Obama administration’s actions against Mr. Wilson.
Defense Distributed’s lawyers said with those plans available elsewhere, it made little sense to continue blocking Mr. Wilson from publishing.
Judge Lasnik said the outcry from gun control activists proved to him that there is a danger in allowing Mr. Wilson to post the files.
“The private defendants’ dogged pursuit of the right to publish these files — and the evident alarm with which the proposed publication has been met in the Congress, in the White House, amongst advocacy groups, and in state houses all over the country — suggest that further publication is not harmless,” he said.
Attorney General Jeff Sessions clarified earlier this month that undetectable, plastic firearms are already illegal under federal law and that his department would vigorously enforce and prosecute violations.
Judge Lasnik said he appreciated the argument that the government is committed to enforcing the 1988 law, but the “untraceable and undetectable nature of these small firearms” poses a “unique danger.”
“It is of small comfort to know that, once an undetectable firearm has been used to kill a citizen of Delaware or Rhode Island or Vermont, the federal government will seek to prosecute a weapons charge in federal court while the State pursues a murder conviction in state court,” he said.

More at: https://www.washingtontimes.com/news...nted-gun-case/

[devil21]

There goes the First Amendment. It's ok as long as it's not "outweighed" by some arbitrary counterweight applied.

The reality is that there is no First Amendment protection. The current Constitution is merely bylaws of the federal corporation and can be (and is) ignored when deemed necessary. The "rights" are actually privileges granted to employees of the federal corporation (US Citizen=employee) and can be suspended at any time, for any reason, if an officer of the corporation (judge) declares it necessary.

[Swordsmyth]

There goes the First Amendment. It's ok as long as it's not "outweighed" by some arbitrary counterweight applied.

The reality is that there is no First Amendment protection. The current Constitution is merely bylaws of the federal corporation and can be (and is) ignored when deemed necessary. The "rights" are actually privileges granted to employees of the federal corporation (US Citizen=employee) and can be suspended at any time, for any reason, if an officer of the corporation (judge) declares it necessary.

This will be overturned.

[tommyrp12]

https://www.congress.gov/bill/115th-...bill/6649/text
115th CONGRESS
2d Session


H. R. 6649

To amend chapter 44 of title 18, United States Code, to prohibit the publication of 3D printer plans for the printing of firearms, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
August 3, 2018
Mr. Deutch (for himself, Ms. Wasserman Schultz, Mr. Schneider, and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

......................

SEC. 3. Prohibition.
Section 922 of title 18, United States Code, is amended by adding at the end the following:

“(aa) It shall be unlawful for any person to intentionally publish, over the Internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver.”.

[Swordsmyth]

https://www.congress.gov/bill/115th-...bill/6649/text
115th CONGRESS
2d Session


H. R. 6649

To amend chapter 44 of title 18, United States Code, to prohibit the publication of 3D printer plans for the printing of firearms, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
August 3, 2018
Mr. Deutch (for himself, Ms. Wasserman Schultz, Mr. Schneider, and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

......................

SEC. 3. Prohibition.
Section 922 of title 18, United States Code, is amended by adding at the end the following:

“(aa) It shall be unlawful for any person to intentionally publish, over the Internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver.”.

This must be stopped, it will never hold up in court but it must not get that far.

[tommyrp12]

This must be stopped, it will never hold up in court but it must not get that far.

Cody said it himself, they will destroy the first to get to the second. The AG here is fully on board with it too.

Cody Wilson Press conference.

[Swordsmyth]

The owner of a Texas company that makes untraceable 3D-printed guns said Tuesday that he has begun selling the blueprints through his website to anyone who wants to make one, despite a federal court order barring him from posting the plans online. Cody Wilson said at a news conference that he started selling the plans Tuesday morning and that he had already received nearly 400 orders. He said he'll sell the plans for as little as a penny to anyone in the U.S. who wants them.
"Anyone who wants to get these files is going to get them," Wilson said, noting he can only sell to U.S. customers. "They can name their own price."
Wilson said that blueprints purchased through his company's website could be downloaded on a thumb drive and shipped to buyers by standard mail, sent by email or sent by some other secure download transfer. Some of his first sales included purchases made with crypto currency, he said.
Nineteen states and the District of Columbia had sought an injunction to stop a settlement that the State Department reached with Wilson's Austin-based company, Defense Distributed, after the agency removed the 3D gun-making plans from a list of weapons or technical data that are not allowed to be exported. The states argued that online access to the undetectable plastic guns would pose a security risk and could be acquired by felons or terrorists.
On Monday, U.S. District Judge Robert Lasnik in Seattle blocked Defense Distributed from posting the blueprints online, saying, "It is the untraceable and undetectable nature of these small firearms that poses a unique danger."
Wilson said he believes the ruling allows him to sell the blueprints even if he can't post them online for free, widespread distribution.
"Regulation under the (law) means that the files cannot be uploaded to the internet, but they can be emailed, mailed, securely transmitted, or otherwise published within the United States," the ruling said on its final page.
"I'm following yesterday's orders that direct me to sell the files," Wilson said. "The judge was very gracious to put that in black lettering."

Wilson said he anticipates that states may try to sue to stop him from selling the plans, but that he is raising money for his legal defense. He also said he will continue to challenge the Monday court order.

More at: https://finance.yahoo.com/news/texan...165534144.html

[jllundqu]

Love this guy.

[jllundqu]

[jllundqu]

[Swordsmyth]

Downloads of 3D-Printed Firearms Increase After Judge Tries to Stop Them

[Swordsmyth]

On 19 August 2020, the Fifth Circuit Court of Appeals reversed a Federal District court. The three-judge panel of the Fifth Circuit found the Attorney General of New Jersey is under Texas jurisdiction for this case. The case is Defense Distributed v. Grewal.

The finding allows a lawsuit filed against the New Jersey AG for violation of Defense Distributed First Amendment rights to publish computer code for 3D printed guns, to go forward.

Presumably, the discovery of Grewal's records on any discussion relevant to stop Defense Distributed from publishing will be allowed to continue.

AG Grewal can ask for an en banc hearing at the Fifth circuit. Failing that, he can appeal the ruling of the three-judge panel to the Supreme Court.

The ruling is a highly technical discussion about whether Grewal's conduct is sufficient to generate jurisdiction in Texas. All three judges agree that it is.

The dissent argues that Grewal, as an Attorney General, should be exempt from being sued in such a case. The case will continue.

With the resources of the State of New Jersey at his command, it is expected AG Grewal will use every opportunity to delay and derail this case. There will probably be a request for an en banc ruling, it will probably be denied and the case will be appealed to the Supreme Court. That will buy another year's delay for Grewal in his scheme to deny Defense Distributed First Amendment rights. A presidential election will take place before then.

If President Trump wins, Grewal's scheme will likely fail. AG Grewal has consistently worked to stop the settlement which was hammered out between the Trump administration and Defense Distributed.

If President Trump loses, a Biden-Harris administration will do everything they can to reinforce Grewal in his bid to stop Defense Distributed from exercising their First Amendment rights. A Biden-Harris administration will stop the settlement from going into effect, if it has not already been put in place.

The Fifth Circuit is saying AG Grewal of New Jersey may be personally liable for attacking the First Amendment rights of Defense Distributed.

It is an important finding. We will not know the results before the election, but the results may be of great significance for the nation.

More at: https://www.ammoland.com/2020/09/saf...#axzz6WMSxkbhW