{"id":1334,"date":"2022-04-02T11:47:28","date_gmt":"2022-04-02T16:47:28","guid":{"rendered":"https:\/\/louisianashooting.com\/?p=1334"},"modified":"2022-07-12T14:21:23","modified_gmt":"2022-07-12T19:21:23","slug":"fifth-circuit-rules-against-new-jersey-in-3-d-gun-ban-case","status":"publish","type":"post","link":"https:\/\/louisianashooting.com\/fifth-circuit-rules-against-new-jersey-in-3-d-gun-ban-case\/","title":{"rendered":"Fifth Circuit Rules Against New Jersey in 3-D Gun Ban Case: Nationwide Implications"},"content":{"rendered":"

The Second Amendment Foundation<\/a> and Defense Distributed today are celebrating a\u00a0court victory<\/a>\u00a0in 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.<\/p>\n

A district court order had wrongly severed the case against the NJAG, from a lawsuit filed by the plaintiffs, and transferring it to a federal court in New Jersey. Today\u2019s ruling in the Fifth Circuit directs the district court in Texas to \u201crequest re-transfer from its counterpart in New Jersey.\u201d<\/p>\n

\u201cIt\u2019s a huge victory for us,\u201d said SAF founder and Executive Vice President Alan M. Gottlieb, \u201cbecause 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\u2019s and SAF\u2019s First Amendment rights to promote the exercise of Second Amendment rights, also there are accessories like the best jacket for carrying a concealed gun<\/a> that are great for people into guns.<\/p>\n

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\u2019s files 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\u2019 distribution of materials related to the 3D printing of firearms.<\/p>\n

Writing for the majority, Circuit Judge Edith H. Jones stated, \u201cCorrectly assessed, the NJAG did not carry its burden to clearly demonstrate that transfer is clearly more appropriate than the Plaintiffs\u2019 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.\u201d<\/p>\n

An earlier ruling by a Fifth Circuit panel held that the NJAG is \u201csubject to the jurisdiction of Texas courts\u201d in this case because Defense Distributed is a Texas-based company. Today, the Fifth Circuit ruling directs the district court to:<\/p>\n