Defense Distributed and the Second Amendment Foundation have moved for an interim injunction pending appeal by New Jersey Attorney General Gurbir Grewal in the continuing challenge of Grewal’s censorship relating to the publication of information about 3D gun production.   The case is in the Fifth Circuit Court of Appeals, where a three-judge panel recently ruled unanimously that Grewal is “subject to the jurisdiction of Texas courts” because of his efforts to prevent publication of the information by Defense Distributed violates the company’s and SAF’s First Amendment rights. Grewal is one of nine Attorneys General to file suit in the Western District of Washington to enjoin the State Department from authorizing the release of Defense Distributed’s files.   The SAF/Defense Distributed motion states their case bluntly: “This appeal arises from the ongoing efforts of New Jersey’s Attorney General Gurbir Grewal and several of his peers to hamstring the plaintiffs’ distribution of materials related to the 3D printing of firearms.”   

Plaintiffs are now asking for an injunction because Grewal “has now sought panel rehearing and rehearing en banc (and might also seek certiorari). This prevents the Plaintiffs from promptly proceeding on remand to have the district court rule on the merits of their preliminary injunction request. Having chosen to keep this Court in charge of the case indefinitely, Grewal cannot refuse to litigate Plaintiffs’ request for interim injunctive relief here and now. “

  “New Jersey passed a statute aimed specifically at us and Defense Distributed,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Attorney General Grewal is essentially trying a delaying tactic to tie this case up in legal red tape as long as possible, while in the process depriving us of our First Amendment rights to share firearms information under color of state law.   “We’re asking the court for an injunction so Grewal will be prevented from enforcing the New Jersey statute and requiring us to cease and desist publishing computer files with digital firearms information,” he added.  

SAF and Defense Distributed are represented by attorney Chad Flores with Beck Redden LLP in Houston.

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