by George Rasley
After a multiyear legal battle, the federal government last month entered into a settlement with Defense Distributed founder Cody Wilson, permitting him to publish his arsenal of firearm blueprints online.
Deanna Paul, writing for The Washington Post, reports Wilson intended to do so on Aug. 1, when on Friday a federal judge denied a motion for an emergency injunction brought forward by a trio of gun-control groups.
3D GunsHowever, Wilson was blocked by the questionable decision of another federal judge who, without jurisdiction, issued an 11th hour injunction.
Ms. Paul reports Senate Minority Leader Charles E. Schumer (D-N.Y.) led the gun fear mongering call to action on Saturday, warning of the dangers posed by the weapons, sometimes dubbed “ghost guns,” which are made from plastic and cannot be sensed by metal detectors.
“Ghost guns are as scary as they sound — a terrorist, someone who is mentally ill, a spousal abuser or a felon can essentially open a gun factory in their garage. No background check, no training,” he told The Post according to Ms. Paul’s reporting.
On Tuesday, other Democrat Senators, including Edward J. Markey (Mass.), Sen. Bill Nelson (Fla.), Richard Blumenthal (Conn.), Chris Murphy (Conn.) and Dianne Feinstein (Calif.), sent a letter to Attorney General Jeff Sessions demanding that he explain the government’s decision to settle the lawsuit with Defense Distributed.
According to Ms. Paul, the Department of Justice declined to comment for her article. Sen. Nelson, facing a tough re-election battle is reported to plan to introduce a bill that would prohibit online publication of any digital file that can be downloaded or programmed to print a 3-D gun part.
Throughout the week, other Democrats have joined the fear mongering. Ms. Paul reports New Jersey’s attorney general sent Mr. Wilson of Defense Distributed a cease-and-desist order, warning that making the digital files available to New Jersey residents was a violation of New Jersey law. Democratic Rep. Ted Deutch (FL-22) wrote a letter Thursday co-signed by 40 members of the House and calling for a hearing.
“Maybe when my colleagues realize that the end result is a plastic gun possibly getting through security in the Rayburn [House office] building, they’ll return to Washington and let us hold hearings on stopping this danger before it gets too far,” Deutch told The Post according to Ms. Paul’s reporting.
There’s just one problem with all the Democrat 3D gun fearmongering – it is a total hoax.
As Chris W. Cox, executive director of the National Rifle Association’s Institute for Legislative Action pointed out in a statement released on Tuesday, “Many anti-gun politicians and members of the media have wrongly claimed that 3-D printing technology will allow for the production and widespread proliferation of undetectable plastic firearms. Regardless of what a person may be able to publish on the Internet, undetectable plastic guns have been illegal for 30 years. Federal law passed in 1988, [18 U.S.C. § 922(p)] crafted with the NRA’s support, makes it unlawful to manufacture, import, sell, ship, deliver, possess, transfer, or receive an undetectable firearm.”
What’s more, it is totally hypocritical, because Democrats have no problem with the publication of other recipes for deadly weapons.
We haven’t heard any of the Democrats calling for the breach of the First Amendment necessary to carry out the ban on publishing 3D gun plans call for the banning of the Anarchist Cookbook so beloved by their Antifa shock troops.
In fact, you can buy the Anarchist Cookbook on the internet through Amazon or download your free copy courtesy of the University of California at Berkeley.
In the various versions of the Anarchist Cookbook you can learn how to make plastic explosives, counterfeit money, make letter bombs, make thermite bombs, pick locks, commit credit card fraud, make dynamite, fuse bombs and dozens of other patently illegal items and activities.
All that information is protected by the First Amendment until you break the law by acting on it – just as 3D gun technology is protected First Amendment speech according to the settlement between the government and Defense Distributed founder Cody Wilson.
What’s more, there’s an even greater danger than 3D printed guns lurking in this controversy: Arbitrary nationwide temporary restraining orders against First Amendment protected speech.
As our friend Daniel Horowitz observed in an article for Conservative Review, “a federal judge in the Western District of Washington (conveniently ensconced in the 9th circuit for appeals), Robert Lasnik, issued a nationwide TRO against not just Defense Distributed but everyone’s First Amendment right to download such files. Yes, a single semi-retired judge issued a nationwide injunction on an abstract and hypothetical concept of simply distributing a CAD file.”
Amazingly, noted Horowitz, the judge didn’t even address the First Amendment in an order stating that plaintiffs will likely succeed on the merits of their case!
If the Anarchist Cookbook is for sale on Amazon or available free on the University of California at Berkeley’s website, but Cody Wilson’s Defense Distributed can’t publish 3D gun files, then the First Amendment is dead, having been reduced to whatever a federal judge arbitrarily decides you can say or publish.
CHQ Editor George Rasley is a Glock ® certified pistol armorer and a veteran of over 300 political campaigns. He served as lead advance representative for Governor Sarah Palin in the 2008 presidential campaign and has served as a staff member, consultant or advance representative for some of America’s most recognized conservative political figures, including President Ronald Reagan and Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle.
Reprinted with permission from ConservativeHQ.com
The last sentence illustrates Thomas Jefferson’s warning about the federal judiciary.
Thomas Jefferson warned in a letter to William Jarvis, Sept. 28, 1820:
“You seem … to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the DESPOTISM of an oligarchy.”