FPC Daily 2A Legal Update – 7/20/21

Gun News

Updates in 3D-Printing and Open Carry Cases in Today’s FPC Daily 2A Legal Update

7/20/21

In today’s FPC legal update, we have updates from a lawsuit challenging New Jersey’s 3D-printing laws and one challenging the police stop of a West Virginia open carrier.


Defense Distributed v. Grewal

Issue: 3D-printed guns/files

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Court: Fifth Circuit

Action: Brief of appellee

New Jersey filed its brief in this lawsuit challenging the state’s ban on 3D-printed guns and files, arguing that the circuit court can’t hear an appeal over the district court’s decision to transfer some of the claims out of Texas. The state also argues that, even if the circuit court is able to hear the case, “the district court did not clearly abuse its discretion in severing and transferring the claims against the New Jersey Attorney General.” The parties challenging the ban will have an opportunity to file a reply before the court makes a decision in this case.


Walker v. Donahoe

Issue: Open carry police stop

Court: Fourth Circuit

Action: Petition for rehearing and petition for rehearing en banc

Earlier this month, a 3-judge panel at the Fourth Circuit determined that a West Virginia police officer’s decision to question someone open carrying an AR-15 was supported by reasonable suspicion, and therefore did not violate the carrier’s rights. Today, the carrier filed a petition for an en banc rehearing, which asks the court to hear the case before a panel consisting of the entire court. The petition argues that “this appeal involves one or more questions of exceptional importance, namely the uniform and equal application of the Fourth Amendment to all individuals in the context of suspicionless seizures of law-abiding gun owners.” The court may now determine whether to rehear the case, but it may first request the filing of a response to the petition.


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