Numerous news agencies are reporting that Governor Wolf, Attorney General Shapiro and the Pennsylvania State Police yesterday filed an emergency motion in the United States District Court for the Eastern District of Pennsylvania against Defense Distributed, DEFCAD, Ghost Gunner and Cody Wilson, to preclude access to their websites by Pennsylvania residents and that Defense Distributed, et al., agreed to make “its sites unaccessible to Pennsylvania users,” all in violation of the First and Second Amendments to the U.S. Constitution, not to mention the numerous violations of the Pennsylvania Constitution.
Although the article mentions a press release being sent out by the AG Shapiro’s Office, the AG’s website has no mention of the press release, PACER does not yet list such a matter in the Eastern District Court of Pennsylvania and a recently found Complaint for declaratory and injunctive relief is dated July 30, 2018 (i.e. for today). Of course, in an emergency situation, it would not be unusual for a motion for a restraining order to be made in advance of a complaint being filed.
As you can see from the Complaint, Governor Wolf and Attorney General Shapiro make multiple false statements about both the factual background (e.g. that the Defense Distributed “provide[s] guns to residents of the Commonwealth”) and the law (e.g. that electronic data constitutes a firearm and that the UFA or GCA regulate data). More importantly, there are numerous ways to challenge this action, including my hope that Defense Distributed, et al., files a counterclaim under 42 U.S.C. §§ 1983, 1988 for violation of their constitutional rights and that Governor Wolf and AG Shapiro can explain to the residents of the Commonwealth, why the taxpayers have been hit with a several hundred thousand dollar attorney fee award.
If your constitutional rights have been violated by the Commonwealth of Pennsylvania, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
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