The Second Amendment Foundation is well known for its courtroom advocacy for gun owners and the Second Amendment, with numerous lawsuits in various stages throughout the country.
After 8 years of fighting, Defense Distributed is going to SCOTUS
Now, SAF is continuing its fight against New Jersey’s prohibition on publishing computer files that can be used for 3D printing firearms. On August 11, SAF filed a petition for writ of certiorari in the case, asking the Supreme Court to consider the challenge.
As some background, Defense Distributed v. Attorney General of New Jersey was originally filed way back in 2018. The case challenges a New Jersey statute that prohibits the publication of computer files containing digital firearms information on the grounds it violates the First Amendment.
The Third Circuit split from every other court — SCOTUS has to clean it up
Other courts have ruled that such computer code is indeed covered under the First Amendment, but the 3rd Circuit Court of Appeals disagreed with that assessment, creating a circuit split. In March, SAF filed a motion for rehearing with the 3rd Circuit, which was denied, creating the need to request the Supreme Court hear the case.
Speech about making guns is no different from any other protected speech
SAF Executive Director Adam Kraut said in a news release announcing the petition that it is imperative that the Supreme Court take up the challenge.
“The files at issue in this case are speech, and their publication is as protected as a book about gunsmithing,” Kraut said. “As is typical in states like New Jersey, all basic principles of law and civil rights get thrown out the window when it’s related to guns. New Jersey hates the Second Amendment so much that it’s willing to infringe on other rights as well as collateral damage.”
Kraut added: “Speech about making guns is no different from any other protected speech, and computer files that provide that instruction are no less protected than a textbook full of diagrams and measurements.”
The 3rd Circuit expressly rejected the 6th Circuit’s rule from Junger
In the petition, SAF argued that the 3rd Circuit denied the computer code’s First Amendment coverage by expressly “rejecting a 6th Circuit rule that would have supplied it.”
“Both splits warrant review via the clean vehicle of this case,” the petition argued.
The petition concluded: “More technical detail could not eliminate the circuit conflict: Junger treats communicative code as covered despite functionality, while the 3rd Circuit demands additional indicia before coverage begins. The complaint and statute are reproduced in the appendix, and no disputed facts or technical record stand in the way.”
A decade is too long — SCOTUS needs to settle this
Alan M. Gottlieb, SAF founder and executive vice president, said the case has been going on for too long, and the Supreme Court needs to settle the matter.
“We’ve been seeking a resolution in this lawsuit for almost a decade now, and it’s high time for a final decision, hence the request to the Supreme Court,” Gottlieb said. “The merits of the case are simple — computer files are most certainly covered under the First Amendment, and we think this is a great vehicle for the Court to affirm those protections.”
New Jersey isn’t alone — New York and California are following the same playbook
Of course, New Jersey is not the only state with 3D printing laws that violate the right to free speech. A New York law requires new 3D printers sold in the state to include technology that blocks the production of firearms and illegal gun parts. California lawmakers have in recent years pursued similar proposals to mandate firearm-blocking technology on consumer 3D printers.
Americans built their own firearms from nearly the very beginning of when European settlers first hit these shores. It is deep tradition within American culture. Simply look at how many companies exist that make firearms and firearm accessories right now! Nearly all of this requires digital files of some kind, whether it’s to simply run the company or to build their products. In fact, you can’t file copyrights or patents without digital files in today’s advanced society.
What is the difference between an individual building for themselves or a small operation running 3D printers vs. a larger operation running CNC machines?
Just imagine what John M. Browning could have done with a 3D printer.
Never mind nj when there’s worthless Gun talking blowbags who run around holding hands with democRats to post negatives about POTUS DJT. Or there’s the gutless bigoted blowbags who say the n-word without actually saying the n-word. Such classless blowbags belong in the democRat Party or the democrat Party kkk, etc. Anywhere as long as it is not around a hard won Constitutional Right.