GHOST GUN CHASER TOLD DON'T MESS W/ TEXAS! SAF SUIT GOING FORWARD, NJ AG IN JEOPARDY!
by Theresa Inacker for Black Wire Media
Thursday August 20, 2020 www.cnjfo.com/join-us
Yesterday, the Fifth Circuit Court of Appeals held that New Jersey Attorney General Grewal is, indeed, subject to the jurisdiction of Texas courts. This means that a case brought against Grewal in Texas will proceed and go forward.
Attorney Grewal is known for filing a multitude of political cases in other states on issues tangentially related to anything in New Jersey, all while on the taxpayers’ dime. In this matter, a case was brought against Grewal, by the Second Amendment Foundation and Defense Distributed, a Texas company that produces and makes accessible, information about the 3D printing of firearms.
For background, Defense Distributed initially met resistance from the US State Department on "firearm exportation" concerns (the State Dept. always weighs-in regarding these matters--Ed.) because the internet is world-wide, but after litigation, entered into a settlement agreement which granted Defense Distributed a license to proceed.
New Jersey Attorney General Grewal, and nine other Attorneys General, sued the State Department over this license to distribute issued to Defense Distributed and an immediate injunction was ordered by that court.
Defense Distributed sued Grewal in a Texas court because Grewal sent a “cease and desist” letter, sent letters to internet service providers encouraging them to cancel their contracts with Defense Distributed, and actually threatened criminal sanctions against them at a press conference. Defense Distributed alleges that Grewal is violating its First and Second Amendment rights, and has engaged in tortious interference with the contracts with the internet service providers by trying to get their contracts cancelled, thereby threatening any commerce the company chooses to do.
Grewal singled-out Defense Distributed of Texas at a press conference, and threatened that he would “’come after’ anyone who is contemplating making a printable gun” and “the next ghost gun company.”
What NJ considers a "Ghost Gun" is a catch-all meaning that traps hobbyists. The NJ Attorney General considers blocks of aluminum that require extensive machining and fitting by hobbyists ---commonly known as "80% lowers" that BATF&E deems legal---to be "GHOST GUNS". In fact a strict interpretation of the NJ AG's rule deems muzzle loading firearms manufacture by black powder reenactors & artisans to be "ghost gun" manufacturing, punishable as an indictable offense (felony)! Making NJ a laughing stock yet again...
There is no evidence that a 3D printed firearm has ever been used in a violent crime in New Jersey.
Once he was sued for these actions, Grewal filed a motion to dismiss the case based upon a lack of personal jurisdiction. That motion was granted by a lower court. However, yesterday, the Court of Appeals at the Fifth Circuit held that Grewal is, indeed, subject to the jurisdiction of Texas courts for his actions, and, threatened actions, against Defense Distributed. Therefore, the case filed by Defense Distributed putting Grewal on the defense will proceed in federal court in Texas. This placed every taxpayer in NJ at JEOPARDY for the monetary pay-out as a result of Grewal's meddling.
In the decision, the court held that “Grewal’s conduct beyond sending the cease-and-desist letter confirms his intent to crush Defense Distributed’s operations and not simply limit the dissemination of digital files in New Jersey.” The court also held that Grewal has projected himself across state lines. These are all important factors when making a determination about jurisdiction.
The case against Grewal will proceed. With his penchant for filing "willy-nilly" lawsuits, especially those that try to crush the Second Amendment, and attempting to throw the weight of his unelected office across the country and against federal entities in furtherance of his political positions, this will be a case to watch.
While the decision is largely a procedural one, the court found that Grewal has INTERJECTED HIMSELF into matters in Texas, well BEYOND New Jersey's BORDERS, and he must face the consequences, whatever they may be.
Theresa Inacker is the CNJFO Communications Director, and is tasked with keeping us "on-message". Her expert analysis (read "translation" so we all can understand) of legal proceedings and the merits upon which they're based come from being an attorney that's been admitted to practice law before the US Supreme Court. To put things in proper perspective, NJ AG Grewal doesn't have that standing and has to have underlings that do respond to SCOTUS for him.
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