Cody WIlson v State Department

swinokur · Jul 29, 2018

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MigraineMan said:
Not to mention that the criminals would need to acquire marketable skills in CAD, materials, and additive-fabrication areas. We're not at Star Trek "replicator" technology where you can just growl "Computer, gimme a gat!" (and then have Majel Barrett's etherial voice nag you for the next half-hour about style, caliber, barrel length, etc ...)

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Hawkeye · Jul 29, 2018

ted76 said:
Why don't these idiots realize that a 3D printer costs $2,500, plus the cost of the computer and raw materials, way above what a criminal is going to invest in a handgun, that they may have to throw away at any time.
I would think that a criminal could buy 5 or 6 black market handguns, before they come close to the investment to start making handguns with a 3D printer.

You can get a pretty nice printer that can handle all of these things very well for about $600 - $800.

That said though, your point stands. Plus, if a baddie wants these files, they are out there and will be found with or without Cody Wilson and DD / Defcad, which is kind of his point.

krucam · Jul 29, 2018

Gura, Blackman and DD file a Complaint against NJ and Los Angeles for their threats against the feee distribution of files...

https://www.scribd.com/document/384953267/Complaint-Defense-Distributed-v-Grewal-and-Feuer

DC-W · Jul 29, 2018

Amazing. They really screwed with the wrong guy.
DD has a deep, deep war chest.

ToolAA · Jul 29, 2018

Just wondering why our fine States Attorney hasn’t jumped on the bandwagon.

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ToolAA · Jul 29, 2018

MigraineMan said:
Not to mention that the criminals would need to acquire marketable skills in CAD, materials, and additive-fabrication areas. We're not at Star Trek "replicator" technology where you can just growl "Computer, gimme a gat!" (and then have Majel Barrett's etherial voice nag you for the next half-hour about style, caliber, barrel length, etc ...)

You might be on to something here. If Criminals started to learn some marketable skills like these they just might not want to be criminals.

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Hawkeye · Jul 29, 2018

ToolAA said:
Just wondering why our fine States Attorney hasn’t jumped on the bandwagon.

Because (so far, at least) all of the things that DD is doing are legal in MD. That doesn't mean it wont change during the next MGA session, but for now he doesn't have a complaint to make.

Hawkeye · Jul 29, 2018

krucam said:
Gura, Blackman and DD file a Complaint against NJ and Los Angeles for their threats against the feee distribution of files...

https://www.scribd.com/document/384953267/Complaint-Defense-Distributed-v-Grewal-and-Feuer

DC-W said:
Amazing. They really screwed with the wrong guy.

Yup.

And the really interesting part of that complaint?

They are suing Grewal and Feuer both in their official and individual capacities. That's different than when, say, MSI sued O'Malley and Sheridan as the Governor and MSP Superintendant. They were sued in their official capacities as the people who would be answerable to the claims that MSI was making. In this case, they are suing these two guys in their official capacities AND as individual people, for violation of civil rights, because officials can be held personally liable if they violate civil rights in their official capacities. That ought to give those guys pause.

Now, IANAL and all that and I could be reading this wrong, but that's what I took from it.

DC-W · Jul 29, 2018

Apparently PA also tried shutting defcad down today in federal court. Fail.

Blacksmith101 · Jul 29, 2018

ToolAA said:
Just wondering why our fine States Attorney hasn’t jumped on the bandwagon.

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Maybe because in the request for an injunction a case Maryland lost is one of the cases cited.

52. New Jersey and Los Angeles can no more prohibit the operation of a federally licensed export framework than could Maryland prohibit the operation of a federally chartered bank.
See McCulloch v. Maryland, 17 U.S. 316 (1819).

ToolAA · Jul 29, 2018

I love reading about how this case is unfolding and all of the efforts being put into various attempts at blocking access to the information.

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ToolAA · Jul 29, 2018

Blacksmith101 said:
Maybe because in the request for an injunction a case Maryland lost is one of the cases cited.

Thanks for posting the quote. I hadn’t ready McCulloch vs MD, or if I had it’s long since evaporated from memory.

Looks like the maryland general assembly has had a long history of TAX abuse....

On February 11, 1818, the General Assembly of Maryland passed an act titled, "an act to impose a tax on all banks, or branches thereof, in the State of Maryland, not chartered by the legislature":

This is also interesting.

Chief Justice Marshall refuted the argument that states retain ultimate sovereignty because they ratified the constitution. "The powers of the general government, it has been said, are delegated by the states, who alone are truly sovereign; and must be exercised in subordination to the states, who alone possess supreme dominion."Marshall contended that it was the people who ratified the Constitution and thus the people are sovereign, not the states.

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DC-W · Jul 29, 2018

Frosh is too busy suing the President for having hotels, but I look forward to him getting bitch slapped by DD.

DC-W · Jul 29, 2018

Reason has coverage of the new suit by DD
https://t.co/PdduZKNvZ5?amp=1

whistlersmother · Jul 29, 2018

DC-W said:
Reason has coverage of the new suit by DD
https://t.co/PdduZKNvZ5?amp=1

He said to comply, his site is currently not accessible to NJ residents. Short of asking for credit card numbers to verify billing address, how can he possibly prevent NJ residents from access?

Maybe the site uses the honor system in asking users where they are located...

Hopefully the NJ AG has to personally pay.

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PharaohF4 · Jul 29, 2018

whistlersmother said:
He said to comply, his site is currently not accessible to NJ residents. Short of asking for credit card numbers to verify billing address, how can he possibly prevent NJ residents from access?

Maybe the site uses the honor system in asking users where they are located...

Hopefully the NJ AG has to personally pay.

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IP address?

Adolph Oliver Bush · Jul 29, 2018

PharaohF4 said:
IP address?

TOR?

whistlersmother · Jul 29, 2018

PharaohF4 said:
IP address?

My point is, NJ can't stop any of their residents from access and shouldn't be able to dictate to entities in other states what is legal inter-state commerce - that's the purview of the federal.

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Blacksmith101 · Jul 29, 2018

PharaohF4 said:
IP address?

Yes IP address is specifically mentioned in 29 and 30 of the lawsuit. My added emphasis.

Irreparable, and Continuing Harm
29. But for Defendant Grewal’s letter, Defense Distributed would freely distribute the files in New Jersey. However, Defense Distributed has taken steps to prevent the distribution of files in New Jersey because Defense Distributed reasonably fears that Defendant Grewal would pursue civil enforcement proceedings against Plaintiff. See Exhibit H. Users with New Jersey- based IP Addresses are currently blocked from accessing the files.
See Exhibit I.1
30. But for Defendant Feuer’s letter, Defense Distributed would freely distribute the files in Los Angeles. However, Defense Distributed has already taken steps to prevent the distribution of files in Los Angeles because Defense Distributed reasonably fears that Defendant Feuer would pursue civil and t enforcement proceedings against Plaintiff. Users with Los Angeles- based IP Addresses are currently blocked from accessing the files. See
Exhibit I

Link to the lawsuit:
https://www.scribd.com/document/384953267/Complaint-Defense-Distributed-v-Grewal-and-Feuer

txcat · Jul 29, 2018

Josh on Twitter:

My second TRO emergency hearing in three days.

http://www.philly.com/philly/news/3d-guns-defense-distributed-pennsylvania-ar-15-20180729.html

In an emergency hearing in federal court in Philadelphia on Sunday evening, a Texas nonprofit agreed to block Pennsylvania internet users from downloading its files for making firearms with a 3D printer — for now.

The hearing before U.S. District Judge Paul Diamond came in response to a lawsuit filed by state Attorney General Josh Shapiro, Gov. Wolf, and the Pennsylvania State Police.

The Texas nonprofit, Defense Distributed, had put the plans for an AR-15 semiautomatic rifle on its website Friday, and as of Sunday, 1,000 people nationwide already had downloaded them, according to Shapiro’s office.

Had officials not gone to court to try to block downloads in the state, Shapiro said in a statement, “the harm to Pennsylvanians would have been immediate and irreversible.”

...

In a telephone interview, Defense Distributed director Cody Wilson said that although the company had temporarily agreed to prevent downloading of any gun files in Pennsylvania, it would fight any effort by state officials to seek a permanent ban.

“Americans have the right to this data,” Wilson said. “We have the right to share it. Pennsylvania has no right to come in and tell us what we can and can’t share on the internet.”

In its statement, Shapiro’s office said it would continue to pursue a more lasting solution in the form of an injunction.

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