The United States Court of Appeals for the Fifth Circuit ruled unanimously in favor of Defense Distributed, a Texas-based firm that intended to share 3-D gun blueprints online, only to have the release of their instructions halted by a Washington State judge.
The Fifth Circuit conversely determined that New Jersey Attorney General Gurbir Grewal is subject to the laws enforced by the State of Texas after Grewal fought vigorously to keep the case out of conservative-leaning courts. Grewal was one of nine Democrat Party state AGs to file suit in the Western District of Washington urging the State Department to prevent the distribution of Defense Distributed’s electronic files. (Guns America Digest)
However, just before Grewal and his colleagues sued in Washington state, SAF and Defense Distributed filed their own legal action in the Western District of Texas challenging what they say is “select enforcement actions taken by the state Attorneys General.” Grewal, according to court documents, moved to dismiss “for lack of personal jurisdiction.”
“No one is above the law or the constitution, not even attorney General Grewal,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If you trample on the First Amendment rights of gun owners trying to exercise their Second Amendment rights, you will be headed for trouble.”
In its ruling, the 5th Circuit noted, “Grewal’s conduct beyond sending the cease-and-desist letter confirms his intent to crush Defense Distributed’s operations and not simply limit the dissemination of digital files in New Jersey. Grewal’s enforcement actions are selective. He has not targeted the many similarly-situated persons who publish Defense Distributed’s files on the internet…Instead, he has focused solely on Defense Distributed. Perhaps nowhere is this better illustrated than in Grewal’s efforts to enjoin the national distribution of Defense Distributed’s files by suing in Washington, far from his or the plaintiffs’ home state. Grewal has also threatened Defense Distributed’s founder, Cody Wilson, by name, promising to ‘come after’ ‘anyone who is contemplating making a printable gun’ and ‘the next ghost gun company.’ Together, these actions confirm Grewal’s intent to force Defense Distributed to close shop.”