Cody WIlson v State Department

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  • erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    That dissent by Jones, though...

    In sum, it is not at all clear that the State Department has any concern for the First Amendment rights of the American public and press. Indeed, the State Department turns freedom of speech on its head by asserting, "The possibility that an Internet site could also be used to distribute the technical data domestically does not alter the analysis…." The Government bears the burden to show that its regulation is narrowly tailored to suit a compelling interest. It is not the public’s burden to prove their right to discuss lawful, non-classified, non-restricted technical data.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,354
    SoMD / West PA
    Aug 02 2017 Petition for a writ of certiorari filed. (Response due September 5, 2017)

    Aug 30 2017 Order extending time to file response to petition to and including October 5, 2017.

    Sep 05 2017 Brief amicus curiae of Cato Institute filed.

    Sep 05 2017 Brief amici curiae of Representative Thomas Massie, et al. filed.

    Sep 21 2017 Order further extending time to file response to petition to and including November 2, 2017.


    https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-190.html
     

    Adolph Oliver Bush

    Ultimate Member
    Patriot Picket
    Dec 13, 2015
    1,940
    Link mentions no serial numbers on home made guns, making them a law enforcement problem. What about guns made by commercial manufacturers before '68 or whenever they started serializing them?
     

    win296

    Active Member
    Jun 15, 2012
    231
    Baltimore
    If SCOTUS denies this case, then they are finished with both the 2A and the 1A.


    Sent from my iPhone using Tapatalk Pro
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    SCOTUS will deny cert to the case.

    You in their chambers? When you're right, you're right.

    Cert Denied.

    This was still on the preliminary injunction, if I'm not mistaken. Don't think the entire case is dead. Correct me if I'm wrong.
     

    kcbrown

    Super Genius
    Jun 16, 2012
    1,393
    It does indeed look like a preliminary injunction case at this point, so I expect there's more to come on this. Note, however, that the lower courts have essentially already decided the issue itself. I fully expect SCOTUS to deny cert to the main case as well, presuming that the lower courts remain consistent in their approach to this.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    It does indeed look like a preliminary injunction case at this point, so I expect there's more to come on this. Note, however, that the lower courts have essentially already decided the issue itself. I fully expect SCOTUS to deny cert to the main case as well, presuming that the lower courts remain consistent in their approach to this.

    Two conservative justices have been seated in the 5th since they argued, so we'll see.
     

    kcbrown

    Super Genius
    Jun 16, 2012
    1,393
    Two conservative justices have been seated in the 5th since they argued, so we'll see.

    That can help only if the case is taken en banc. If I'm not mistaken, the original panel is what would otherwise decide the issue at the appellate level.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    *Record scratch* The Justice Department has settled with Wilson and Defense Distributed

    Two months ago, the Department of Justice quietly offered Wilson a settlement to end a lawsuit he and a group of co-plaintiffs have pursued since 2015 against the United States government. Wilson and his team of lawyers focused their legal argument on a free speech claim: They pointed out that by forbidding Wilson from posting his 3-D-printable data, the State Department was not only violating his right to bear arms but his right to freely share information. By blurring the line between a gun and a digital file, Wilson had also successfully blurred the lines between the Second Amendment and the First.

    "If code is speech, the constitutional contradictions are evident," Wilson explained to WIRED when he first launched the lawsuit in 2015. "So what if this code is a gun?”

    The Department of Justice's surprising settlement, confirmed in court documents earlier this month, essentially surrenders to that argument. It promises to change the export control rules surrounding any firearm below .50 caliber—with a few exceptions like fully automatic weapons and rare gun designs that use caseless ammunition—and move their regulation to the Commerce Department, which won't try to police technical data about the guns posted on the public internet. In the meantime, it gives Wilson a unique license to publish data about those weapons anywhere he chooses.

    "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."

    https://www.wired.com/story/a-landmark-legal-shift-opens-pandoras-box-for-diy-guns/

    YUGE things on the horizon.

    www.defcad.com
    www.defdist.org
    www.ghostgunner.net
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    And with the shitpost for all time
     

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