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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)


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Key Events & Filings:

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' BriefAppendix (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

2019-9-23: Notice of Appeal

2019-4-23: Letter to 3rd Circuit from Defense Distributed, et al. (supplement)

2019-4-23: Letter to 3rd Circuit from NJ Attorney General New Jersey Gurbir Grewal (supplement)

2019-4-18: Letter to 3rd Circuit from Defense Distributed, et al.

2019-4-18: Letter to 3rd Circuit from NJ Attorney General New Jersey Gurbir Grewal

2019-4-5: Concise statement filed (3rd Circuit Court of Appeals)

2019-4-4: Notice of appeal filed

2019-3-20: Hearing on Motion for Preliminary Injunction (10:00 a.m.)

2019-3-11: Reply in support of Motion for Preliminary Injunction due

2019-3-6: Defendant's opposition to Motion for Preliminary Injunction due

2019-2-20: Plaintiffs' Amended Motion for Preliminary Injunction

2019-2-20: Plaintiffs' First Amended Complaint

2019-2-20: Deadline to amend complaint and brief in support of Motion for Preliminary Injunction

2019-2-14: Letter from Plaintiffs to Attorney General Gurbir Grewal

2019-2-14: Order regarding Motion for Preliminary Injunction (setting hearing for March 20, 2019)

2019-2-12: Letter from Defendant AG Grewal to Judge Anne E. Thompson

2019-2-5: Motion for TRO and Preliminary Injunction

2019-2-5: Complaint for Declaratory and Injunctive ReliefDeclaration of Brandon Combs; Declaration of Paloma Heindorf; Code Is Free Speech Takedown; DD Cease Order

Related Press Releases:

2019-2-5: After Threat of Prosecution, Free Speech Advocates Seek Restraining Order Against New Jersey Attorney General Gurbir Grewal in Federal Civil Rights Lawsuit


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