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Anti-Gun States Sue to Stop First Amendment, Impose Controls on Firearms Information
AmmoLand ^ | 2 February, 2020 | Dean Weingarten

Posted on 02/04/2020 6:28:17 AM PST by marktwain

ORDbot image from commons.wikimedia.org

On 23 January 2020, state Attorneys General from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington, as well as the District of Columbia, filed a lawsuit against various officials in the State Department and the Commerce Department to prevent transfer of some items now under State Department regulation and the International Transfer in Arms Regulations (ITAR) to the Commerce Department.

The case was filed in the United States District Court in the Western District of Washington at Seattle.

Most of the above plaintiffs had previously filed a similar lawsuit to stop the implementation of temporary rules from a settlement which the State Department had made with Defense Distributed. That case is still being litigated in the same Court. The new case will likely be given to the same judge, Senior judge Lasnik.

Any appeal of the decision would be directed to the Ninth Circuit.

The lawsuit is a direct attempt by some state Attorneys General to impose their version of international policy and subvert the First Amendment of the United States.

The previous policy of finding some computer files as under the control of ITAR rules was established during the Obama Administration. It was challenged as violating the First Amendment by Defense Distributed and the Second Amendment Foundation (SAF). The result of the lawsuit was a settlement in favor of Defense Distributed, which recognized the State Department was likely to lose the case on First Amendment grounds.

Previous case law has held computer files to be speech, under the First Amendment.  From eff.com:

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: banglist; firstamendment; homemade; secondamendment
The lawsuit alledges that knowledge about how to construct common firearms must be witheld from the people, for reasons of "safety".
1 posted on 02/04/2020 6:28:17 AM PST by marktwain
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To: marktwain

Safety of our lords and masters?


2 posted on 02/04/2020 6:33:16 AM PST by OSHA (What did I come in here for?)
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To: marktwain

They are trying to take away elections where the will of the people matters.
They are trying to take away guns.

It’s what tyrants do.


3 posted on 02/04/2020 6:33:20 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: marktwain

So - are they gonna get records of everyone who provided and/or downloaded such info so they can confiscate their computers?


4 posted on 02/04/2020 6:39:23 AM PST by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: marktwain

Bkmk


5 posted on 02/04/2020 6:42:31 AM PST by sauropod (If women are upset at TrumpÂ’s naughty words, who bought 80 million copies of 50 Shades of Grey?)
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To: marktwain

If “The Anarchists’ Cookbook” can be published and sold, and distributed on the internet, then so can computer files regarding the production of firearms parts via 3-D printers. Free speech means ESPECIALLY that speech which you don’t like. So long as no one is being directly threatened by the speech, it is Constitutionally permissible.

With the current make-up of the 9th Circuit, it is quite possible that they would rule the correct way in this case.


6 posted on 02/04/2020 6:48:39 AM PST by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: marktwain

President Trump’s most important legacy may be his judicial appointments. These frivolous lawsuits will become less of a threat as more judges who believe in the rule of law replace the Obama-judges who are activists in robes. The alternative to another Trump term is likely to be unspeakably ugly.


7 posted on 02/04/2020 6:51:54 AM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: marktwain

” knowledge about how to construct common firearms must be witheld from the people”

Can’t put toothpaste back in the tube.


8 posted on 02/04/2020 6:56:01 AM PST by READINABLUESTATE
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To: marktwain

9 posted on 02/04/2020 7:01:23 AM PST by Sooth2222 ("Every nation gets the government it deserves." -Joseph de Maistre)
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To: marktwain

Has anyone looked into the retrieval of military manuals on these subjects?


10 posted on 02/04/2020 7:58:59 AM PST by Terry L Smith
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To: marktwain

Proof positive that the Hussein Obama Administration, who moved ordinary firearms into ITAR restrictions, was colluding with these anti-rights states.


11 posted on 02/04/2020 8:40:09 AM PST by backwoods-engineer (Politics is the continuation of war by other means. --Clausewitz)
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To: marktwain

I’m a shotgun gun and to a lesser extent, a rifle guy.
Handguns are not my thing although I confiscated a
32 cal from my dad when his dementia really started to
hold. But the other day I got a call from a lady who
told me I had won a Sig Sauer P238 in a raffle. I
couldn’t recall any raffle until I remember attending
a fund raiser for the local HS FFA Chapter. They had
a silent auction, audio auction, and a number of
other ways to relieve the peeps of $$. I purchased
an expensive calendar with a different firearm
pictured for each month. And once a month they
would draw the winning raffle ticket for that month.
The raffle tickets were within the calendars.
Whatever firearm is pictured on the calendar for
that month is what you win. I won the P238 pictured
on January. I have to take a written common sense
test to pick up my prize at a local indoor range
but I am looking forward to claim my prize. This
is California, mind you.


12 posted on 02/04/2020 10:43:53 AM PST by Sivad (Socialism: Vote your way in, shoot your way out.)
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To: Terry L Smith
Has anyone looked into the retrieval of military manuals on these subjects?

Most are available online for free.

13 posted on 02/04/2020 3:05:39 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

Thank you for verifying that!
Now, do you think those dadbern nebernazer dingdong fools would think of this?


14 posted on 02/04/2020 4:32:18 PM PST by Terry L Smith
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To: Terry L Smith

"A traitor is everyone who does not agree with me."
King George III



The United States Citizens KNOW that they're going to have to fight TYRANTS in their own government.
You can not protect life, without the ability to take life.

While you are WAITING for the police to respond, someone could be losing their life.
All people of a responsible age should be armed.

As EternalVigilance reminded us:

Click here to read the 12 page pamphlet.


Let us NEVER FORGET THAT !

Let's subjugate them to OUR end game, DUST!
"COMPROMISE" is a DIRTY word!
People who study the Bible know that COMPROMISE almost always leads to destruction.


It's time to mock the "Gun Control" Zombies!
"Gun Control" is a firm grip, steady breathing, accurate aim (developed by lots of practice), and a slow trigger pull.



15 posted on 02/04/2020 4:42:13 PM PST by Yosemitest (It's SIMPLE ! ... Fight, ... or Die !)
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To: Yosemitest

I started learning ‘gun control’ at age 12, Junior NRA awards, both rifle and pistol (1911 framed .38 Super).
I am a disabled Viet/Cold War veteran.
I stood in ‘the silent line’ protest over abortion when I lived in NY.
I’ve had my house broken into, when living in SoCal.. No need for all that info.


16 posted on 02/04/2020 9:47:36 PM PST by Terry L Smith
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To: Terry L Smith
Your not the only one reading all of that info.
Others are learning too.

Me? I've 5 tours in South Korea, myself (retired USAF).
17 posted on 02/04/2020 9:58:39 PM PST by Yosemitest (It's SIMPLE ! ... Fight, ... or Die !)
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