The largest site distributing #3Dgun blueprints unlawfully has been shut down. We are working hard to do @SecPompeoâ€™s job and put this genie back in the bottle. Maybe he should try it. #DownloadableDeath pic.twitter.com/2tpKcRuHpj
â€” #NoRA (@NoRA4USA) August 2, 2018
I have to admit, it checks all the boxes for being the work of Ladd Everitt, formerly of CSGV. Maybe it’s one of his protÃ©gÃ©s, because last I checked Ladd was still wasting his time with George Takei. But #DownloadableDeath is the kind of over the top hysterics that Ladd could be rightly proud of.
If you’re looking for an alternate source for all your 3D CAD needs, you need to look no further than here. Also:
â€œIâ€™m desperately trying to ensure that the president can engage in the prior restraint of online informationâ€”specifically so that people canâ€™t make weapons at home.â€
â€œI see. What do you call yourself?â€
— Charles C. W. Cooke (@charlescwcooke) July 31, 2018
Tam’s reaction to that is pretty much spot on. I’m really hoping the civil rights lawsuits here are going to be epic.
If you want to view the actual TRO issued against Defense Distributed, you can find it here. I would actually argue that Pennsylvania has no standing to join this suit, since making a firearm at home is not illegal under Pennsylvania law. There is no Pennsylvania law our Governor and Attorney General can articulate that Defense Distributed publishing CAD drawings would undermine. Pennsylvania’s entry into this suit is grandstanding, and that’s about it.
If you don’t want to read the whole TRO, I can sum it up for you.
“Because I, judge, sez, you have a strong likelihood of succeeding on the merits, and this downloadable plastic gun mumbo jumbo sounds scary, a Temporary Restraining Order you can haz!”
But seriously, I will try to explain the issue as best I can, and as best as I understand it. The Plaintiffs here, the various state AGs, contend that the Trump Administration has to go through the rule making process prescribed by the Administrative Procedures Act if they want to change the USML (United State Munitions List). The Administration has agreed to pursue that rule change. But in the mean time, Defense Distributed was granted a license to share their CAD drawings. It’s hard for me to see how the various state AGs have a strong likelihood of succeeding on the merits. The AECA allows the President to grant waivers. Defense Distributed has argued that the decision to grant a license is not even judicable, and cites ample precedent that shows in similar context, the courts, even the 9th Circuit, have agreed it is not.
This is not even considering the First Amendment claims here.