BELLEVUE, WA – -(Ammoland.com)-The Department of Justice and Second Amendment Foundation have reached a settlement in SAF’s lawsuit on behalf of Cody Wilson and Defense Distributed over free speech issues related to 3-D files and other information that may be used to manufacture lawful firearms.
SAF and Defense Distributed had filed suit against the State Department under the Obama administration, challenging a May 2013 attempt to control public speech as an export under the International Traffic in Arms Regulations (ITAR), a Cold War-era law intended to control exports of military articles.
Under terms of the settlement, the government has agreed to waive its prior restraint against the plaintiffs, allowing them to freely publish the 3-D files and other information at issue. The government has also agreed to pay a significant portion of the plaintiffs’ attorney’s fees, and to return $10,000 in State Department registration dues paid by Defense Distributed as a result of the prior restraint.
Significantly, the government expressly acknowledges that non-automatic firearms up to .50-caliber – including modern semi-auto sporting rifles such as the popular AR-15 and similar firearms – are not inherently military.
“Not only is this a First Amendment victory for free speech, it also is a devastating blow to the gun prohibition lobby,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “For years, anti-gunners have contended that modern semi-automatic sport-utility rifles are so-called ‘weapons of war,’ and with this settlement, the government has acknowledged they are nothing of the sort.
“Under this settlement,” he continued, “the government will draft and pursue regulatory amendments that eliminate ITAR control over the technical information at the center of this case. They will transfer export jurisdiction to the Commerce Department, which does not impose prior restraint on public speech. That will allow Defense Distributed and SAF to publish information about 3-D technology.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
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Its odd the comment sway from this extreme to the next. If a simple read of Constitutional text penned by the Founders is to reveal a truth of statement, Shall Not, etc, and observations by the very same people who wrote it saying to avoid squeezing out meaning other than the plain reading of same, why not simply accept it? Reason, it does not fit their agenda. Agenda number one this very moment is to disarm this nation. No nation so disarmed will long exist other than under the bootheel of the tyrant. A second amendment stick has been shoved… Read more »
The government seems to have been slapped down here, in a richly deserved verdict.
The Supreme Court in its 2008 decision District_of_Columbia_v._Heller ruled that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia. Specifically, they stated that the right being protected from infringement was not that of any militia, but the right of the people. This is settled law folks.
The genie was let out of the bottle centuries ago when the Chinese invented gunpowder. Since then, it has been a tug of war between the good guys with gun powder and the bad guys with the same. Having the good guys (law abiding, god fearing, Constitution following) disarmed while the bad guys (criminals, maniacs, tyrants) possess weapons, is a situation that can only lead to total hell on earth, which our Founders fully recognized. The bad guys are forever thinking up new reasons as to why the good guys should be left with the disadvantage. I, for one, say… Read more »
As was brought out by Calin B., the 2nd amendment has nothing to do with sporting.weapons. It has everything to do with protecting ourselves from a tyrannical government. That being said, it is our Constitutional right to keep and bear any and all weapons we deem necessary. The government has systematically taken away this right and others because they don’t mean to govern, they mean to RULE. This is the very “government” our founding fathers were writing about. We are one short step away from being another Russia, China or any other communist totalitarian shithole. It’s totally up to we… Read more »
Well good for them! Just think that government overreach should be punished significantly harsher.
From the Column.
Steve says:
July 11, 2018 at 5:39 PM
“A well regulated Militia,” if you have never served in the military? You are not protected by second amendment. All this crap about private arsenal or anarchic paramilitary is in violation of 2nd Amendment
Steve, It appears you attended “StupidU” or “Dumbbell University”. Go get your money back, YOU FAILED COMMON SENSE 101
The Militia is not the military. See Article 2, Section 2, Paragraph 1 of the Constitution*, which refers to the Army, Navy, and Militia as separate entities. Moreover, the Militia is defined, by 10 U.S. Code § 246** as EVERY adult male between the ages of 17 and 45, with some caveats – a definition which quite clearly includes people who are not in the US military. To add insult to injury, the Second amendment is written in such a way that it protects the firearms rights of everyone, regardless of their militia status. You may wish to retake English… Read more »
We’ll see where this goes. I suspect that this admission that semi-autos below .50BMG in caliber are not automatically military is going to get used heavily in upcoming litigation.
What the fuck your failed first grade because you obviously can’t read let me tell you what is says a well regulated militia being nessecary to a free state, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED…… not if your prior service you are protected who told you that lib u I beat get your money back shit for brains if you don’t like guns as I’m guessing you don’t. Don’t buy them
PLEASE STOP POSTING RANTS that the anti 2a crowd will use as indications of the mentally unhinged being those in support of this ruling. While it likely is trolling from the anti 2a crowd making these horrible and racist postings it’s still posted on a website where they will be taken at face value without this considered. We must openly denounce these rantings on this to show this is NOT who we are. Stop and think about your words before posting on the interwebs where everyone can see your comments and remember nothing ever goes away on the internet. You’re… Read more »
Reality, it seems it is you that is posting “unhinged” comments. Thanks anyway.
@RC, What horrible and racist postings? To which are you referring? Can you show some examples? Who is going to be the judge of which rants indicate unhingedness? If you are the expert on unhinged, I have a couple of cattle gates that need repair.
I don’t know if you were talking about me but if you are I did think about my words and I used the right ones. You should really educate yourself if you think I was being racist be cause of my language but in reality I was not. I called the guy a nigger not because of his skin color but be cause he’s stupid worthless and useless and if the anti 2nd amendment dumbasses think that it’s racist let them it just makes them look even more stupid.
My question is what took them, the feds, so long to admit the AR is not a military weapon?! I am so darned tired of hea0ring from liberal lawmakers talking about their “facts” that an AR can empty a 30 round “clip” in 1.3 seconds!! Whether they were flat out telling lies or severely misinformed, these lawmakers sounded amazingly ignorant.
The fact that a foriegn for profit criminal sub organization passing itself off as our legitimate soveriegn government is the first turd to unroll . The next one is the presumption that ” We ” are subject to ” them “. Everyone except ” residents ” of The District of Columbia and its 7 Insular states , all federal employees and their dependents , blacks and anyone who has come here from a foriegn country and voluntarily went through the 3 year process to become a ” US citizen or a Citizen of the United States ” is NOT A… Read more »
Thank God there are still a few of us thinkers out there. Now to all those who have said “law abiding citizens” I am a law abiding citizen born and raised in America I was a gun owner until I was railroaded by our bullshit laws and by our bullshit courts but because I followed the law instead of taking a bullet from some stupid ignorant, excuse my language, a fucking nigger (not just because he is black but because of his mentality and his persona) that shouldn’t be allowed to walk free, tried to force me to cash a… Read more »
Good luck hope you get your rights back
Preach the gospel brother. We the people rule the government, NOT the other way around like they would have you believe. The only thing that you need to do is break out your bitch be gone spray and make Palosi and Waters disappear so that the U.S. can be great again.
I applaud this comment!
The feds finally admitted that the 15s are not military weapons, now all law abiding citizens can carry leagalley in approved places.
Sorry the school system is not allowed to teach the United States Constitution; the socialist party does not want our children to have the knowledge of the Constitution.
This may be a big deal in the long run. Hard to gauge the impact in the short run however. Stay tuned. SCOTUS is in play.
Thankful tha the SCOTUS is becoming more fun friendly in knowing the second amendment refers guns that can be used in self defense and hunting and sporting purposes. That’s why the founding fathers did not list there type of gun on the 2nd then it would only apply to muskets black powder guns with knives attached on the ends its because they knew in years and years modern men would come out with better guns and no black powder and shotguns semi is semi handguns and revolvers. So by leaveing bank what type we can carry in the 2nd it… Read more »
The founding fathers gave us the 2nd amendment to suppress a government of tyranny and restore our constitutional republic . It is not for hunting or self defense or any other sport. It is about protection of our government.
They did not give us the 2nd, it was written to acknowledge that defense of one’s self is sacrosanct and unalienable, that it precedes laws and nation’s to the beginning of time. That is why they chose the wording “shall not be infringed”.
“A well regulated Militia,” if you have never served in the military? You are not protected by second amendment. All this crap about private arsenal or anarchic paramilitary is in violation of 2nd Amendment .
Your interpretation is very short sighted in that the State I reside deems every able bodied citizen as subject to activation into the State militia per the Governor’s request. A more apt and universal interpretation could be every citizen that has registered for Selective Service has 2nd Amendment rights. Reality, thankfully, it quite different from both of our interpretations which fall right on their faces when you look at it being perfectly legal for non-US citizens to purchase firearms in the United States. Thank you New York and other immigrant friendly States for giving no questions asked States issued IDs… Read more »
David, if only those registered with the Selective Service were “allowed”, that, too, would be unconstitutional, since that would bar females the RKBA.
Make you point clearer so we can understand what you wrote.
It’s as clear as mud
You might want to look up what, “well regulated Militia” means.
Well regulated – everyone of sound mind and body, who is able to maintain and operate their weapons.
Militia – All men over the age of 18.
Flat out wrong on all counts, by logic, linguistics, and judicial ruling. As though you care about such “technicalities”.
All of ya are arguing about the second amendment when this ruling just made that amendment irrelevant. Guns are here for all now. Screw any scribblings written down as law.
Please look a the Militia Acts of the late 1790s, for description of the militia.
The militia meant anyone who was able bodied and had a gun, which means civilians not an army. The civilians of that time were actually better equipped than the Continental Army. So your comment is moot
Read George Mason’s definition of Militia. After all, he was one of the framers and argued for this amendment. In essence, the militia is the citizens, excepting a few government officials.
The commoness of this error in logic and diction notwithstanding, an “official” is rather, a thing which has been published; and herefrom, one would better presenting, “. . . . a few governmental officers”.
While I do not agree that membership in the militia is a requirement for 2nd amendment protection, Federal Law defines ‘The militia of the United States” in Title10 US Code sect 246 as including (among others) all able-bodied male citizens between 17 and 44. See https://www.law.cornell.edu/uscode/text/10/246
Title10 US Code sect 246, June 3,1916, is at best just another modern attempt to change the original meaning of the word militia as promulgated by the Founders. Thanks but no thanks; I’ll defer to the Founders’ wisdom, as opposed to the so-called thinking of latter day revisionists who erroneously believe the Constitution is a malleable, living breathing document subject to the whims of modern sensitivities. I am so, so glad that Kavanaugh is a Constitutional Originalist!
1776 – I think we’re generally on the same side here. The ‘US militia’ defined in title 10 is just one instantiation of a militia; nothing says others, with different compositions, are illegitimate, or can’t coexist. The militia part of the 2nd Amendment just describes why the founders wanted people to be proficient with weapons; I don’t believe its meant to be a requirement for weapon ownership – but I think the title 10 law (last updated in 2016) should be better publicised so people know that most of the men in the US ARE members of a legal, non-fringe… Read more »
You are incorrect, Steve. Weapons ownership is not tied to militia service. The Founders indicated as such.
I am a militia of ONE!!!
Shall not be infringed. It doesn’t get any clearer coward.
As a gentleman who served under the first four administrations of our country said: “The power of the sword, say the minority of Pennsylvania, is in the hands of Congress. My friends and countrymen, it is not so, for THE POWERS OF THE SWORDS ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man… Read more »
Well, you’re wrong on pretty much all counts. The Second Amendment applies just as much to those who aren’t members of the militia as it does to those who are. Next, the Constitution names the Army, Navy, and Militia as separate entities*, so your assertion about military service is rather far off base. Lastly, even IF militia service was required to exercise your second amendment rights, the Militia is defined** in such a way that “private arsenals” and “anarchic paramilitary” organizations would still be covered by it. *Article 2, Section 2, Paragraph 1: “The President shall be Commander in Chief… Read more »
Thank God above that there are still a few government officials that have good old fashioned common sense and still follow the constitution! This should make every assault rifle ban illegal and null and void and all gun owners should tell these cities, community mayors and councilmen and their own state government to kiss their ass and that they are not going to follow the now confirmed by the U.S GOVERNMENT THAT THESE ARE NOT ASSAULT MILITARY FIREARMS ! IT IS TIME THAT ALL GUN OWNERS SAY ENOUGH IS ENOUGH AND STAND TOGETHER AND DISOBEY ALL GUN LAWS, RULES AND… Read more »
@Gindy Webb, I think that the founding fathers never intended any tax on weapons, but the founders would have understood making one’s own firearms. I think that the founding fathers never intended a tax on our exercising any of or each of our Constitutionally enshrined Civil Rights. I think that the NFA and GCA are affronts to the Constitution and the American people.
The DOJ capitulating is great news.
You people live in some strange states here in Utah I can buy a fully operational m16 as long as I pay my permit fee you can even buy a tank lol
I am a NRA MEMBER,do I need to join your organization as well so I’m protected from idiots like David Hogg?.
The NRA cannot protect you from the Hogg or his disciples. Your protection is, as it always has been, up to you.
What they, and the other groups can do is to attempt to sway our legislators from committing more criminal acts in the name of the law. The more groups making the attempt, the better. I, and all my family, are NRA Life members. I am VCDL,GOA, SAF and CCRKBA as well. I recommend that you consider supporting as many groups in the fight as you are comfortable with. Hang together, or hang separately.
I agree with you. I am NRA life veterans member, GOA, SAF member.
Firearms IN The hands of RESPONSIBLE LAW ABIDING “CITIZENS” should NOT BE PUNISNED FOR FOLLOWING THE LETTER OF THE LAW.
THIS GOVERNMENT’S EGO HAS GOTTEN WAY OITTA HAND AND NEEDS TO BE PUT IN “CHECK”, and remember who the hell PUT THEM THERE.
Why don’t you read the forth artical of the second amendment which in short say you can’t make any law, white out the sentence make any. Changes to any part of the amendment and people can have guns and carry guns with out any. Interference none and. the never can not be changed never understand NEVER The people who wrote that were a whole lot smart than you crying , sniveling people who are trying to get rid of the Constitution you need the go back to school a learn the US Constitution it protects us from people like you… Read more »
excellent comment brother I agree with you wholeheartedly and if they don’t like the Constitution they can get the F out of the country and go live somewhere where they are under the government’s thumb
I’m glad for Cody. That said, the 2nd part may end up being a larger ‘lever’ in the cold war with antis. That needs to be trotted out EVERY SINGLE TIME these wankers bring up ‘assault weapons’, ‘military weapons’, ‘weapons of war’, in that the Fed officially disagrees with such false classifications and continuing to call them such is merely inflammatory and ignorant.
Weapons of war are precisely the sorts of weapons the founders intended We The People to keep and bear (as the militia), because they expected the militia to bear the same arms that a standing army would bear. Accepting the classification of modern sporting rifles as non-military is accepting the tyrants’ strategic play as legitimate and valid, in reality, it’s another tyrannical setup! In the past they tried the “sporting purpose” ruse too but the purpose of the Second Amendment has nothing to do with sporting purposes!
They want to go after these so-called ‘weapons of war’ but I think they just want to ban them, cause their black.
Kidding! Kidding!
But seriously, I own a ‘weapon of war’ that’s still functional, and let me tell you, it’s not a semi-auto, it most likely seen action in WW1, and almost guaranteed saw action in WW2, and it works as designed. And if it can put a hole thru 2” plate steel? That’s more punch than .223/5.56
Agreed, the 2nd is very clear and precise. What part of shall not be infringed do they not get. They would be the ones begging to be saved if the crap hit fan. My comment would be you don’t believe in firearms, your all about smoking dope, cumbbywae non sense. Then I would not save them, let one learn the hard way. Stupid is a tuff teacher.