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Biden “Ghost Gun” Rule, Part I
April 20, 2022
Little of substance has been reported concerning the actual, legal effects and function of the new ATF receiver rule. The text itself is some 364 pages.
Defense Distributed will sue ATF to stop this rewrite of the GCA, and I have more detailed notes to share, but my summary impressions of the rule follow below:
Ghost Gunner and our related companies will not have to alter our business or model. ATF goes out of their way to exempt 80% rifle receivers and, by analogy, 1911 frames and others from re-classification as firearms. The 80% market, and homemade “ghost guns” will largely survive. The only sure casualties at this time are plastic receiver kits like the Polymer80, SS80, etc. and so-called “complete parts kits.” ATF would like to suggest that 80% receivers sold with “more” components will face tougher scrutiny and may be firearms. We will see about that.
ATF wants to knock down receiver kits and other kinds of weapons build kits. The rule and its standards revoke all previous guidance and require everyone in the industry to re-submit their receiver products with whatever fixtures, instructions, and marketing material may accompany them. This is likely illegal, but will not interrupt the sale of 80% receivers, nor of fixtures and tooling in general.
ATF retreated from their attempt to assign multiple receivers to future firearms designs. This was meant in part to capture and constrain digital gunsmithing innovations, but the flood of industry comments shamed the agency out of this approach. Going forward, firearms of almost every design will have one component the ATF likes the most for regulation and classification. ATF admits they do not have the authority to regulate files or design work for 3D guns.
A longer discussion of the rule in general with The Reload can be seen here. More to come.
If you’d like to support our legal efforts, please join LEGIO.
Everytown v. DEFCAD Merits Briefing
January 21, 2022
The below scheduling order in Everytown for Gun Safety v. DEFCAD is an unqualified victory. The district judge had ordered discovery and Twitter was set to dox the defendant creators on Dec. 24. We have for the second time arrested this miscarriage of due process and have secured three months to prepare briefs on the merits.
This is what defending your community looks like. This is why a Legion is superior to bickering cadres of incels. Everytown believed we lacked organization, and that their pet judge would let them steamroll a couple of CAD designers.
That is not going to happen.
If you’d like to support this litigation, please join LEGIO.
Zero Percent and SHOT Show
January 20, 2022
Legion,
This week we debuted our first commercial Zero Percent concept at SHOT Show in Las Vegas, and we’ve published a starter guide explaining the split receiver concept. Thank you to those who’ve come out to support us and see it.
Between our work and that of Ghost Gunner partners like GGD, we’ve demonstrated that our CNC platform will be able to complete zero percent receivers, entirely or in split concepts, from here on out– rendering the pending Biden 80% rule almost pointless. And look, Everytown begrudgingly agrees.
This Reason video covers the regulatory background and legal purpose of our first zero package, but what’s funny is we’ve likely now affected the timeline by our interference. I now doubt the rule will even be published.
So you see, we had to kill 80% receivers in order to save them.
crw
If you’d like to support our efforts, please visit Ghost Gunner. To support our litigation, join LEGIO.
EFF Amicus Brief in Everytown v. DEFCAD
November 21, 2021
In advance of the Second Circuit’s pending decision concerning our case, we present the Electronic Frontier Foundation’s thoughtful amicus brief concerning the First Amendment rights of anonymous speakers and the expressive use of trademarks.
If you’d like to support this litigation, please join LEGIO.
Everytown v. DEFCAD goes to the Second Circuit
November 15, 2021
Legion,
Last week was a busy one for Everytown and their pet judge in SDNY. These good liberals thought they had DEFCAD and Odysee over a barrel, and so tried to stick us with a number of ex parte orders with no procedural protections or means of appeal. Fortunately, DEFCAD and FPC had already briefed the arguments and were prepared for just such an attempted fucking!
See in our theory, there is no low of which the SDNY and Everytown are not capable. No corner they will not cut. You’re always safer when you assume your enemy is a malicious liar, their pet judges are complicit morons, and that you’ll have to prepare emergency appeals to higher courts.
And so the Second Circuit stayed our case late last week (21-2806), and afforded our platforms the very basics of procedural protection. Twitter sent an impressive and dismissive letter to the Everytown camp too.
You may be interested to know The Electronic Frontier Foundation (EFF) will apply with the court as an amicus curiae and brief the importance of anonymous speech and the use of trademarks as expressive under the First Amendment.
Anyway, this has now become a fair fight with important First Amendment and digital rights issues presented the right way. This, I humbly submit, is why you want a platform like DEFCAD as a beachhead in the GunCAD movement.
If you’d like to support this litigation, please join LEGIO.
Everytown sues DEFCAD
October 25, 2021
After two months of being roundly trolled on Twitter by designers like xYeezySZN, Everytown for Gun Safety decided to be MAD ONLINE, and has just asked a federal court to take down DEFCAD and Odysee files lampooning their shitty trademarks. They even want pictures of these renders taken down from Twitter.
Setting aside their asinine theory of jurisdiction, Everytown’s infringement theory is outrageous. They literally argue it’s trademark infringement if a third party service or social media user shares a computer file that could allow a recipient to print a piece of plastic reproducing their shitty trademarks.
And why would Everytown want a New York federal judge to find the mere sharing of files by anons to be trademark infringement? So that they may take their ruling to Facebook, Google, Twitter, etc. and kick you off of the Internet for enjoying your First and Second Amendments.
DEFCAD will of course litigate ferociously.
So whatever you do, Legion, DO NOT join DEFCAD and Odysee and blast these Everytown files all over the goddamn Internet.
You are not owned, Everytown! You are not owned!
If you would like to support this or our other legal actions, please join LEGIO.
Ghost Guns for Halloween
October 1, 2021
Legion,
Business Insider has posted another capable piece concerning the state of the ghostly, gunnery union. We commend Adam Skaggs for his eloquent salesmanship.
I promise to share some terribly spooky news with you soon.
If you would like to support our legal actions, please join LEGIO.
Vice Documentary and DMCA
August 27, 2021
Legion,
If you haven’t seen it already, we recommend the new Vice documentary on the state of the 3D gun printing union:
It’s capably made and its editorial tone is unbelievably objective. A fine record of what we’ve all been up to the last few years.
I’ve read news of our brothers getting censored by the enemy’s cynical abuse of the DMCA process. We invite you to share your files at DEFCAD, a platform built to defend trademark parodies, which knows these parodies are non-confusing fair use, and will not for a moment tolerate the enemy’s abuse of IP law.
If you would like to support our legal actions, please join LEGIO.
Enough Time for New Jersey
August 4, 2021
Legion,
New Jersey did its best to defend their illegal speech crime in New Orleans at the Fifth Circuit yesterday. You can listen to the oral arguments below:
https://www.ca5.uscourts.gov/OralArgRecordings/21/21-50327_8-3-2021.mp3
There’s no need for further comment.
If you would like to support our legal actions, please join LEGIO.
Defense Distributed v. Grewal, Fifth Circuit Arguments
June 23, 2021
Hey 3D gun kids, what are your summer plans? How about visiting New Orleans to watch New Jersey try to defend their illegal 3D gun law?
August 2nd, 2021. Will be a riot.
