The U.S. Supreme Court has denied a petition for certiorari from New Jersey Attorney General Gurbir Grewal in his effort to escape the jurisdiction of the Fifth U.S. Circuit Court of Appeals in the ongoing First Amendment case brought by Defense Distributed and the Second Amendment Foundation.
The Fifth Circuit had ruled unanimously that Grewal, because of his efforts to prevent distribution of materials related to the 3D printing of firearms, was subject to the jurisdiction of the Texas courts. Defense Distributed is headquartered in Texas.
“It’s not every day you beat a state attorney general at the Supreme Court,” observed SAF founder and Executive Vice President Alan M. Gottlieb, “especially when he had been supported by other anti-gun state attorneys general from New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, and the District of Columbia. This is a huge victory.”
The Defense Distributed case has always been about the First Amendment, Gottlieb observed. He recalled how Grewal had moved to dismiss the SAF/Defense Distributed lawsuit filed in the Western District of Texas “for lack of personal jurisdiction.” But the Fifth Circuit appellate ruling placed Grewal’s efforts squarely under that circuit’s jurisdiction and the SCOTUS allowed that to stand.
“Anti-gun attorneys general need to be held accountable for threatening gun owners and the firearms industry,” Gottlieb stated, “and that includes efforts to prevent distribution of information relating to 3D printing. Grewal tried to enjoin national distribution of Defense Distributed’s files on the Internet.
“This is one of several cases against the State of New Jersey and Grewal in which SAF is involved,” he continued. “We’re also suing the state, with several other parties, over the state’s capricious carry laws and gun purchase permitting process.”
The next move in the SAF-Defense Distributed case is their injunction request at the Federal District court, where plaintiffs will pursue their injunction request.
