CodeIsFreeSpeechLawsuit.com - Firearms Policy Coalition

Summary: Federal constitutional challenge to New Jersey speech crime statutes about "3-D gun" information and Attorney General Gurbir Grewal's Orwellian and tyrannical enforcement practices

Plaintiffs: Defense Distributed, Brandon Combs, Firearms Policy Coalition, Firearms Policy Foundation, Second Amendment Foundation, The Calguns Foundation, California Association of Federal Firearms Licensees

Defendants: New Jersey Attorney General Gurbir Grewal

Litigation Counsel: Chad Flores, Daniel Hammond, Hannah Roblyer (Beck Redden LLP); Daniel L. Schmutter (Hartman & Winnicki, P.C.); Professor Josh M. Blackman (South Texas College of Law)

Docket: D. NJ case no. 3:19-cv-04753, Third Circuit case no. 19-1729 and 19-3182 | CourtListener Docket

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Key Events & Filings:

District Court:

2022-10-25: Opinion
2022-9-23: Opposition to Motion to Transfer
2022-9-21: Plaintiffs’ Motion to Grant the Fifth Circuit’s Return Request
2022-8-23: Opposition to Motion for Reconsideration
2022-7-27: Plaintiffs’ Motion to Reconsider the Order Denying Plaintiffs’ Motion to Transfer
2022-7-27: Plaintiffs’ Notice of Dismissal of Case Number 3:19-cv-4753
2022-7-27: Order on Motion to Transfer
2021-6-10: TEXT ORDER granting Motion to Consolidate Cases. 3:21-cv-9867-MAS-TJB is hereby consolidated with the matter 3:19-cv-4753-AET-TJB, with civil action no. 3:19-cv-4753, serving as the lead case.
2021-4-28: Defendant’s Motion For Consolidation

Circuit Court:

2020-9-23: Order Denying Rehearing
2020-9-8: Petition for Rehearing
2020-8-25: Opinion
2020-2-28: Appellants' Reply Brief
2020-2-14: Appellee's Brief
2020-1-27: Plaintiffs/Appellants' Supplemental Brief
2020-1-15: 3rd Circuit Order Granting Petition for Panel Rehearing and Vacating Nov. 21, 2019 Panel Order: "The petition for rehearing filed by Appellants and response by the Appellee in the above-entitled case have been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is granted. It is further ORDERED that the Court’s order entered November 21, 2019 dismissing the appeals for lack of jurisdiction is hereby VACATED. By vacating the prior order, the Court does not determine that it does have jurisdiction. Rather, the issue of jurisdiction is a matter to be determined by a merits panel. Accordingly, the issue of this Court’s jurisdiction and Appellee’s motion for summary affirmance are referred to the merits panel. All prior submissions filed by the parties will be forwarded to the merits panel for its consideration. It is noted that Appellants previously filed a brief addressing the merits on October 9, 2019. Appellants are directed to file a supplemental brief, not to exceed 10 pages, addressing the issue of jurisdiction only. Appellee shall file its brief within 30 days from the date of this order. Appellee shall also be permitted an additional 10 pages to address jurisdiction. Appellants shall file and serve their reply brief within 14 days from the date that Appellee’s brief is filed. In light of the action taken by the panel, the En Banc Court has determined that no further action is required on the petition currently before it."
2019-10-31: Appellants’ Reply in Support of Motion for Injunction Pending Appeal
2019-10-30: Appellee's Reply In Support of Summary Action Motion
2019-10-28: Appellee's Response in Opposition to Appellants' Motion for Injunction Pending Appeal
2019-10-24: Appellants’ Response to Appellee’s Motion for Summary Action
2019-10-22: Order
2019-10-21: Motion for Injunction Pending Appeal
2019-10-16: Letter from Defendant/Appellee Grewal seeking summary affirmance
2019-10-9: Consolidated Appellants' Brief; Appendix (vol. 1); Appendix (vol. 2); Appendix (vol. 3)
2019-10-9: Order (Excerpt: "The appellee’s brief addressing both appeals must be filed within thirty days after service of the appellants’ brief in No. 19-3182. The appellant’s reply brief addressing both appeals must be filed within twenty one days after service of the appellee’s brief.")
2019-10-7: Opening Brief; Appendix (vol. 1); Appendix (vol. 2); Appendix (vol. 3)
2019-9-23: Supplemental Letter to 3rd Circuit