BELLEVUE, WA (April 1, 2022) – The Second Amendment Foundation and Defense Distributed today are celebrating a court victory in a long-running battle to allow online publication of information related to the 3D printing of firearms, thanks to a ruling by the Fifth U.S. Circuit Court of Appeals that returns claims against the New Jersey attorney general (NJAG) to its jurisdiction.
A district court order had wrongly severed the case against the NJAG, from a lawsuit filed by the plaintiffs, and transferred it to a federal court in New Jersey. Today’s ruling in the Fifth Circuit directs the district court in Texas to “request re-transfer from its counterpart in New Jersey.”
“It’s a huge victory for us,” said SAF founder and Executive Vice President Alan M. Gottlieb, “because New Jersey wanted to be severed from our legal action in their effort to prevent publication of the information by Defense Distributed, thus violating the company’s and SAF’s First Amendment rights to promote the exercise of Second Amendment rights.”
This effort began when anti-gun-rights attorneys general, led by Washington State Attorney General Bob Ferguson, filed suit in the Western District of Washington to enjoin the State Department from authorizing the release of Defense Distributed’sfiles on the internet under a settlement from a previous SAF and Defense Distributed lawsuit. That effort was an offshoot of attempts by then-New Jersey AG Gurbir Grewal and several of his peers to prevent the plaintiffs’ distribution of materials related to the 3D printing of firearms.
Writing for the majority, Circuit Judge Edith H. Jones stated, “Correctly assessed, the NJAG did not carry its burden to clearly demonstrate that transfer is clearly more appropriate than the Plaintiffs’ choice of forum. The district court erred legally and factually in virtually every aspect of this issue, and its decision, which has unnecessarily lengthened this litigation even more, represents a clear abuse of discretion for which mandamus is an appropriate remedy.”
An earlier ruling by a Fifth Circuit panel held that the NJAG is “subject to the jurisdiction of Texas courts” in this case because Defense Distributed is a Texas-based company. Today, the Fifth Circuit ruling directs the district court to:
- Vacate its order dated April 19, 2021 that severed Defense Distributed’s claims against the NJAG and transferred them to the United States District Court for the District of New Jersey;
- Request the District of New Jersey to return the transferred case to the Western District of Texas, Austin Division; and,
- After return, to reconsolidate Defense Distributed’s case against the NJAG back into the case still pending against the State Department.
“This case has dragged on for years,” Gottlieb noted. “What today’s ruling clearly demonstrates is that attorneys general who violate our First and Second amendment rights will be held to answer by the courts, wherever the violations occur.
“NJAG wanted their case severed and transferred,” he added, “and now that will not happen. It’s unfortunate that justice has been delayed so long. It’s time to move forward. This is a case we fully expect to totally win.”
Second Amendment Foundation spokespersons available to be your guest:
ABOUT CAM EDWARDS (In Eastern Time)
Cam Edwards is the editor at Bearing Arms-dot-com and hosts the popular podcast Cam & Company that focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma, and has worked in radio, television, and online media for over two decades. He currently lives on a small farm with his family near Farmville, Virginia, and is a member of the board of Citizens Committee to Keep and Bear Arms.
ABOUT LEE WILLIAMS (In Eastern Time)
Lee Williams is also known as The Gun Writer and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than ten years. He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project and is a frequent contributor toAmmoland News and Armed American Radio. In addition, Lee serves as a board member of Florida Carry, Inc. He was also an editor for a daily newspaper in Florida. Before becoming a newspaper editor, Lee was an investigative reporter in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. Lee has earned more than a dozen national journalism awards as a reporter and three medals of valor as a police officer.
ABOUT MARK WALTERS (in Eastern Time):
Mark Walters is a member of the board of directors for the Citizens Committee for the Right to Keep and Bear Arms. As a nationally syndicated host of two talk radio programs, Armed American Radio and Armed American Radio’s Daily Defense, Mark is heard on hundreds of stations weekly across the country. Mark is the co-founder of Armed American News and the recipient of the 2015 “Gun Rights Defender of the Year award.” In addition, Mark Walters is co-author of three books, including Lessons from Armed America, Lessons from Unarmed America, and Grilling While Armed.
ABOUT DAVE WORKMAN (In Pacific Time):
Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He writes for Liberty Park Press, Conservative Firing Line, and is communications director for the Citizens Committee for the Right to Keep and Bear Arms. He has authored Op-Ed pieces in several major newspapers, including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution, and co-authored seven books with Second Amendment Foundation Alan Gottlieb. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.
ABOUT CHRIS CHENG (In Pacific Time)
Chris Cheng serves on the advisory council to the Second Amendment Foundation’s Board of Trustees. He is the History Channel’s Top Shot Season 4 Champion and author of the book “Shoot to Win.” Cheng is an Asian D&I advocate in the gun community, a former Google employee who went from self-taught amateur to pro shooter.
ABOUT ALAN GOTTLIEB (In Pacific Time/ TV interviews only):
Alan Gottlieb is chairman of the Citizens Committee for the Right to Keep and Bear Arms and the Founder of the Second Amendment Foundation. In addition, he serves on the Board of Directors of the American Conservative Union. Alan is a strong advocate of defense and the Publisher of Gun Week and is a nuclear engineering graduate of the University of Tennessee.
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 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
CONTACT: To schedule an interview, contact Celinda Hawkins of Special Guests PR Agency at (432) 349-2736 orjerry.specialguests@gmail.com
