Updates in 3D printing and Liability Cases in Today's FPC Daily 2A Legal Update

6/11/21

In today's FPC legal update, we have updates in cases dealing with 3D printed guns/files and the PLCAA (the law protecting the rights supply chain from frivolous lawsuits).

Defense Distributed v. Grewal

Issue: 3D printed guns/files

Court: Fifth Circuit

Action: Opposition to appellants’ motion for an injunction pending appeal

Two weeks ago, the plaintiffs in a lawsuit challenging New Jersey's ban on 3D printed guns and files filed a motion seeking to prevent the law from being enforced while the case continues. The New Jersey Attorney General filed his response today in opposition to the motion, arguing that the District of New Jersey is the correct court for the plaintiffs to bring their motion, and not the Fifth Circuit. The filing also argues that the claims in the plaintiffs' motion should have been brought earlier and that they can't show they've been irreparably harmed by the law. The plaintiffs will likely have an opportunity to file a reply before the court makes a ruling on their motion.

Goldstein v. Earnest

Issue: Liability

Court: California State Court

Action: Brief of the United States in support of the PLCAA

The United States filed a motion to intervene in a lawsuit that claims Smith & Wesson and a San Diego gun store are liable for a 2019 shooting. The purpose of the United States' motion is to defend the constitutionally of the Protection of Lawful Commerce in Arms Act, which is the law protecting the rights supply chain from frivolous lawsuits. The brief argues that the law is valid and does not violate the 10th or 5th Amendments, saying that it "is a valid and straightforward exercise of congressional authority under the Commerce Clause and the Supremacy Clause." "In short" it argues, "PLCAA is constitutional." The judge may have to make a decision on the motion to intervene before the United States can join the case.