By John Crump
Austin Texas –-(Ammoland.com)- On the heels of the Department of Justice ruling that allows Defense Distributed to release their CAD and CNC files on the internet for the 3D printing of firearms, Defense Distributed received notice from Los Angeles and New Jersey threatening to sue their company if they released the 3D ghost gun files.
Defense Distributed and The Second Amendment Foundation is taking the fight right back to them by launching a lawsuit of their own against New Jersey District Attorney General Gurbir S. Grewal and Los Angeles City Attorney Michael Feuer. Defense Distributed is claiming that threatening a lawsuit to try to prevent the releasing of the files violates their Constitutionally protected speech, the Dormant Commerce Clause, the Right to Bear Arms, and the Supremacy Clause.
The letter that Defense Distributed received from New Jersey Attorney General Gurbir S. Grewal threatened legal action if Defense Distributed released the files.
According to Grewal, publishing the data would violate New Jersey’s public nuisance laws. The cease and desist letter claimed that New Jersey would take legal action by August 1st if Defense Distributed refused their demands.
Grewal stated, “[p]osting this material online is no different than driving to New Jersey and handing out hard-copy files on any street corner.”
“Letter takes only vague and general positions regarding nuisance and negligence law,” responded Defense Distributed to the New Jersey letter. “All actions contemplated by Defense Distributed are fully protected by the First Amendment, and [Grewal’s] attempts to prevent such actions constitute an unconstitutional prior restraint and otherwise violate the United States Constitution and the New Jersey Constitution.”
“I was unwilling to tolerate New Jersey’s legal threats,” Cody Wilson, Founder of Defense Distributed told AmmoLand. “My company and all Americans have the unquestioned right to share this information.”
In the letter from the city of Los Angeles to Defense Distributed Feuer wrote the publication of the files “would pose a direct and immediate threat to public safety in the City of Los Angeles and cause numerous violations of California and City laws designed to protect the public from gun violence.”
Feuer further claimed that the “Defense Distributed’s blueprints” may violate California civil and criminal law. He stated that “his office is authorized to file lawsuits to ‘enjoin’ the manufacture, importation, or possession of an undetectable firearm.”
Feurer seems to have taken to Twitter to express his anti-gun sentiments.
— LA City Attorney (@CityAttorneyLA) July 28, 2018
The link goes to “Prosecutors Against Gun Violence,” which is an anti-gun group that is chaired by Feuer. He also expressed a belief the Defense Distributed should not share the files under any circumstances. His crusade seems more ideologically motived than legally motived.
Defense Distributed and The Second Amendment Foundation is asking the court for a declaration, and injunctive relief to prevent both New Jersey and the city of Los Angeles from threatening a lawsuit against Defense Distributed.
Defense Distributed filed the lawsuit in The United States District Court for The Western District of Texas And Austin Division. Defense Distributed locates their servers in Texas so this district court would have jurisdiction over the case.
The LA’s Attorney’s Office and the New Jersey District Attorney’s Office did not return AmmoLand’s request for comments at the time of publication.
About John Crump
John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.