Tag Archives: Defense Distributed

Court Filings In Pennsylvania v. Defense Distributed – An Interesting Look Behind The Scenes…

Earlier today, I blogged about the numerous news reports that an injunction had been sought against Defense Distributed, et al. and that Defense Distributed, et al. agreed to make “its sites unaccessible to Pennsylvania users,” however, at that time, there was no docket for the case. As a docket has now been generated with the filings, it is interesting to see what was actually filed in this matter, which is docketed as Commonwealth of Pennsylvania, et al., v. Defense Distributed, et al., 2:18-cv-03208 and assigned to the Honorable Paul S. Diamond, a President George W. Bush nominee.

Defense Distributed Docket.jpg

As we already knew, Governor Wolf, Attorney General Shapiro and the Pennsylvania State Police filed a Motion for a Temporary Restraining Order and Preliminary Injunction, which was rendered moot, per the Court’s Order, “in light of Defendants’ agreement to refrain from posting new information and to block all challenged information from being accessed in Pennsylvania.”

What may be more interesting to our viewers is the behind-the-scenes look at the 35 page email exchange on Sunday regarding this matter and how, in allegedly emergent situations, the court can schedule hearings in a very prompt manner, regardless of date or time. I find it interesting that when challenged by Professor/Attorney Blackman in relation to the Commonwealth having witnesses which were not disclosed to him or his clients in advance, the Commonwealth argument is “We certainly have not tried to ambush you, Mr. Blackman — we have just been busy.” I guess being busy must have meant preparing a press release and twitter account postings, in advance of the hearing, so that they’d be ready to be published immediately after the hearing. Defense Distributed would be well-advised to prepare for these types of shenanigans throughout the proceedings…

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.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

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Governor Wolf and Attorney General Shapiro Violate Pennsylvania Residents’ First and Second Amendment Rights in Precluding Access to 3D Gun Files

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.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

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Filed under Firearms Law, Pennsylvania Firearms Law