Cody WIlson v State Department

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  • mreaston

    Member
    Nov 10, 2013
    14
    Great news! I'd prefer a sweeping victory but incremental gains are still nice
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    More coverage from Josh Blackman
    http://joshblackman.com/blog/2018/0...ch-settlement-in-defense-distributed-lawsuit/


    Second Amendment Foundation press release
    DOJ, SAF REACH SETTLEMENT IN DEFENSE DISTRIBUTED LAWSUIT

    For Immediate Release Contact: Alan Gottlieb (425) 454-7012

    BELLEVUE, WA – 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.


    Entire court history here: http://joshblackman.com/blog/about-josh/defense-distributed-v-u-s-department-of-state/
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,962
    Fulton, MD
    If dvdcss and crypto could win via free speech, then there was nothing (logical) the gov could do about it.

    Sent from my SM-G955U using Tapatalk
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Alan Gura was counsel too
    https://twitter.com/alangura/status/1016774346654797828?s=21

    I'm pleased to report that we've reached a favorable settlement in Defense Distributed v. State Department, the so-called "3-D printed guns" case. The government will pay our client, and lift the prior restraint. 1/

    The government avoided a preliminary injunction only by avoiding an examination of who was likely to succeed on the merits. With the merits in play, suddenly, the "national security" concerns faded away. Congrats to my clients and our amazing team! 2/
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,570
    God's Country
    So can this be used in the next MGA session when we go before the committee and tell them hey the US GOV said AR-15 is not a military weapon ? Just an idea and food for thought that we can use this case law before the MGA.



    I’m not a lawyer but I believe since the case was settled out of court it’s less valuable as precedent.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,453
    Westminster USA
    Press Release from SAF

    DOJ, SAF REACH SETTLEMENT IN DEFENSE DISTRIBUTED LAWSUIT​


    BELLEVUE, WA – 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 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

    ________________________________________

    < Please e-mail, distribute, and circulate to friends and family >
    Copyright © 2018 Second Amendment Foundation, All Rights Reserved.
    Second Amendment Foundation
    James Madison Building
    12500 N.E. Tenth Place
    Bellevue, WA 98005 Voice: 425-454-7012
    Toll Free: 800-426-4302
    FAX: 425-451-3959
    email: InformationRequest@saf.org
     

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    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    If you're interested, Wilson was interviewed on The Crypto Show yesterday and had updates.
    https://soundcloud.com/heryptohow/c...overnment-to-end-gun-control-foerever#t=20:06


    Cliff notes
    -This is way more than just 3D printing -- can be applied to any machine or method
    -Defcad.com will be a forum that anyone can contribute files to. It goes live on 8/1/18
    -The State Department paid roughly $50k back to Wilson as part of the settlement
    -Their CNC mill, Ghost Gunner, is backordered due to high demand since the press attention
    -Glock jig and files to be released for the Ghost Gunner very shortly
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    http://blog.joehuffman.org/2018/07/12/quote-of-the-day-rutrow/


    Quote of the day—Rutrow

    Posted on July 12, 2018 by Joe
    The way the recording industry killed Napster in the ’90’s was by proliferating file sharing network with defective music files. People got sick of music that had random gaps of silence interspersed during the songs. Unless you were REALLY cheap, you went ahead and spent the $0.99 for the quality version.
    How about distributing gun design files with fatal flaws engineered in? The yokels who download these plans would be easily identifiable by eye patches and the lack of several fingers.
    Rutrow
    July 7, 2018
    Comment to Does an Arkansas-born anarchist spell the end of gun control with printable firearms?
    [Anti-gun people want gun owners to be maimed and/or killed.—Joe]
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Would appreciate a readers digest version of defcad. I am not familiar with the site.

    Thanks

    DEFCAD is an online library and CAD model repository dedicated to the advancement of American gunsmithing and the expansion of the Second Amendment. Users, professionals and amateurs alike, are invited to download and contribute small arms technical data without restriction.

    The site is administered by Defense Distributed and legally authorized to commit its hosted materials to the public domain by the US Department of State.

    https://defcad.com/about/
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    This is fantastic.

    My question though is why they decided to give up and settle. My personal guess is that they were afraid that they'd loose the case and that the ruling would be far reaching enough that they'd lose other stuff too. This isn't any different than the original cases that decided that the government couldn't regulate PGP encryption as a weapon, and they were almost certain to loose it. It was their bad luck to come up against a guy who didn't just crumble when they started throwing their lawsuit weight around.

    I think that DEFCAD is a great idea, too. I mean, people who want to do nefarious things will get their hands on these files and use them anyways, so normal people should be able to also. In fact, his whole project has always called to mind (for me) the HEAP (Holocaust Education and Avoidance Pod) project from Neal Stephenson's book Cryptonomicon. Part of that project, which was launched by a Jewish character who wanted to help vulnerable populations resist having genocide committed against them, was development and distribution of plans for a simple to build gun that could be made pretty much anywhere by pretty much anyone, with the idea that if you arm people it's a lot harder to kill entire populations.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    HAHAHAHAHA. Bringing the hate.

    https://www.wonkette.com/*******-do...ke-their-own-*******-guns-2586086243.amp.html
    https://web.archive.org/web/2018071...ke-their-own-*******-guns-2586086243.amp.html

    "I consider it a truly grand thing," Wilson says. "It will be an irrevocable part of political life that guns are downloadable, and we helped to do that."

    No, *******, my ability to download Paula Abdul's "Vibeology" in my sweatpants at 2 a.m. is a "grand thing." You're just going to help innocent people die. Now excuse me while I go scream into a pillow.


    Coverage from the NYT
    https://www.nytimes.com/2018/07/13/...column-region&region=top-news&WT.nav=top-news
     

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