Cody WIlson v State Department

I love the interwebs

How big are these files?

I’m thinking about going to a library and downloading them onto a flash drive just because America.

Tune into CBS. They’re about to have a segment with Wilson.

So, if I'm reading the order correctly, if the Feds merely follow the regulatory procedures for changes of rules, then much of the state AG's cause of action goes away? By law, it is DoS's and DoD's (via SECDEF approval) authority to determine what technologies are and are not covered under ITAR. But unfortunately GOV was in a rush to settlement and didn't follow all the formalities, creating an opening for a challenge.

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WeaponsCollector said:

Enemies of our second amendment are also enemies of our first amendment. They in fact hate the entire bill of rights.

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Unfortunately, this is true, except when it suits their purposes.

Notice how for decades the liberals in power in Washington used federal preemption to have D.C. take control over and sanitize the states of many laws and customs they didn't like and wanted to federalize; but when there's a Republican Administration in the White House, the blue states yell, "States' rights," while their liberal AG's sue the federal government so as to press their liberal agendas. We live in the belly of that beast. MD, NJ, CT, NY, MA, CA.

The most abused part of the COTUS is the Commerce Clause

pbharvey said:

How big are these files?

I’m thinking about going to a library and downloading them onto a flash drive just because America.

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Does the library have an FFL?

Do you have an HQL?

How are you going to submit a form 4473?

Ignorant question:
Possession of the files is legal right?

The files are not big. I think less than a gig.

Interview on CBS now.

pbharvey said:

Ignorant question:
Possession of the files is legal right?

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Yes.

IANAL

pbharvey said:

Ignorant question:
Possession of the files is legal right?

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Yes, and making any non NFA item for your personal use (no selling) is legal. Sure would be fun to make an auto sear that I saw, but alas...

swinokur said:

The most abused part of the COTUS is the Commerce Clause

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It started when SCOTUS held that a farmer growing wheat for his own use, not for sale, was interstate commerce and therefore subject to federal regulation.

https://en.wikipedia.org/wiki/Wickard_v._Filburn

"Wickard v. Filburn, 317 U.S. 111 (1942),[1] was a United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New Deal, and it set a precedent for an expansive reading of the U.S. Constitution's Commerce Clause for decades to come. The goal of the legal challenge was to end the entire federal crop support program by declaring it unconstitutional.[2]

An Ohio farmer, Roscoe Filburn, was growing wheat to feed animals on his own farm. The US government had established limits on wheat production, based on the acreage owned by a farmer, to stabilize wheat prices and supplies. Filburn grew more than the limits that he was permitted and so was ordered to pay a penalty.

In response, he said that because his wheat was not sold, it could not be regulated as commerce, let alone "interstate" commerce (described in the Constitution as "Commerce... among the several states").

The Supreme Court disagreed: "Whether the subject of the regulation in question was 'production', 'consumption', or 'marketing' is, therefore, not material for purposes of deciding the question of federal power before us.... But even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.'"[3]

The Supreme Court interpreted the Constitution's Commerce Clause, in Article I, Section 8, of the Constitution, which permits the US Congress "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The Court decided that Filburn's wheat-growing activities reduced the amount of wheat he would buy for animal feed on the open market, which is traded nationally (and is thus interstate). It is therefore within the scope of the Commerce Clause. Although Filburn's relatively-small amount of production of more wheat than he was allotted would not affect interstate commerce itself, the cumulative actions of thousands of other farmers like Filburn's would certainly become substantial. Therefore, the Court decided that Filburn's production could be regulated by the federal government. ..."

Just to be clear... the files I saw were for SolidWorks, and appeared to be designed for CNC machines (I'm guessing the Ghost Gunner?). You would need to go through a few more steps to get something you could 3D print, and further, that's not to say these are particularly suitable for 3D printing or for use when 3D printed.

That makes it double-plus hilarious that these AGs are going crazy over this; these files require advanced-hobbyist level skills to even get printable, nevermind produce something that could fire safely. That said, I might give the Beretta 92 frame a try for science(!) if I find time. Also makes me somewhat more likely to finally indulge that dream of buying a CNC machine.

pbharvey said:

How big are these files?

I’m thinking about going to a library and downloading them onto a flash drive just because America.

Click to expand...

They're not that big. I don't have them in front of me right now because work computer, but that would be do-able. You can also use a good VPN (like https://protonvpn.com) to grab them from your home computer and it won't be traceable.

Allen65 said:

So, if I'm reading the order correctly, if the Feds merely follow the regulatory procedures for changes of rules, then much of the state AG's cause of action goes away? By law, it is DoS's and DoD's (via SECDEF approval) authority to determine what technologies are and are not covered under ITAR. But unfortunately GOV was in a rush to settlement and didn't follow all the formalities, creating an opening for a challenge.

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The bitch here is that the Feds are following the regulatory procedure for changing the rules, but the plaintiffs complained about it and said they aren't. The injunction against removing this stuff from the USML is meaningless because nothing has been removed from the USML yet, because they are following the procedure that the plaintiffs complained that they aren't following, and that takes time. That's the whole reason that they granted the specific license to DD to do this in the short term, because they knew it would take time to remove this stuff from the USML so it wouldn't be covered by ITAR any more. The judge also enjoined the State Department from issuing the temporary license to DD and DD from distributing the files, which a) sucks, and b) is meaningless, because there are already eleventeen hundred mirrors of it all over the place. This proves Cody Wilson's point - gun control is pointless.

As a self declared anarchist why doesn't Mr. Wilson just defy the order? Wonder how big the penalties would be.

krucam said:

Yes, and making any non NFA item for your personal use (no selling) is legal. Sure would be fun to make an auto sear that I saw, but alas...

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Technically, you *can* sell them.

You just can't make them with the *intention* of selling them (which would be "being engaged in the business" of making firearms for sale, which would require an FFL).

Yay thought crime!

Bertfish said:

As a self declared anarchist why doesn't Mr. Wilson just defy the order? Wonder how big the penalties would be.

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He is following the letter of the order.

However, other sites are not in the order. So if LLCs create their own website and offer downloads, they are not affected by the order.

Jim12 said:

Does the library have an FFL?

Do you have an HQL?

How are you going to submit a form 4473?

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Put down the crystal ball and slowly walk away