Stratasys confiscation Learning of Defense Distributed's plans in 2012, manufacturer
Stratasys, Ltd threatened legal action and demanded the return of the 3D printer it had leased to Wilson. On September 26, before the printer was assembled for use, Wilson received an email from Stratasys suggesting that he might use the printer "...for illegal purposes..." Stratasys immediately canceled its lease with Wilson and sent a team to confiscate the printer the next day. Wilson was subsequently questioned by the
ATF when visiting an ATF field office in
Austin, Texas to inquire about legalities and regulations relating to the Wiki Weapons project.
The Undetectable Firearms Act Defense Distributed's efforts have prompted renewed discussion and examination of the
Undetectable Firearms Act. The Liberator pistol was cited in White House and Congressional calls to renew the Act in 2013.
International Traffic in Arms Regulations to Defense Distributed (May 8, 2013). On May 9, 2013, The
United States Department of State Directorate of Defense Trade Controls (DDTC) directed Defense Distributed to remove the download links to its publicly accessible CAD files. The State Department's letter, likely prompted by the
Liberator Pistol, referenced § 127.1 of the
International Traffic in Arms Regulations (ITAR), interpreting the regulations to impose a prior approval requirement on publication of Defense Distributed's files into the public domain, a legal position noted at the time to suffer from
First and
Second Amendment infirmities.
Defense Distributed v. U.S. Dept. of State On May 6, 2015, Defense Distributed filed a
Constitutional challenge against the State Department in the Western District of Texas, suing agents of the DDTC and accusing the federal government of knowingly violating the company's First, Second, and Fifth amendment liberties. Defense Distributed was joined in its suit by the
Second Amendment Foundation. After three years of procedural wrangling, on July 10, 2018,
Wired magazine reported Defense Distributed and SAF had accepted a settlement offer from the Department of State. Cody Wilson explained his intention to immediately relaunch
DEFCAD and release 3D gun files into the public domain. These new public domain releases occurred on July 27, 2018, days before any court orders. Defense Distributed joined the suit as a necessary party, claiming the states lacked Article III standing and protections of its activity under the First Amendment. U.S. District Judge
Robert Lasnik issued a
temporary restraining order against the State Department on July 31, 2018, and granted a permanent injunction on November 12, 2019, ruling the State Department failed to give an adequate explanation of its settlement with Defense Distributed as required by the
Administrative Procedure Act, a controversial decision since the department's designations are typically deemed unable to be judicially reviewed. Defense Distributed appealed Lasnik's injunction to the
Ninth Circuit Court of Appeals, which rejected the case in July 2020, ruling the organization lacked the standing to appeal a decision directed at the State Department. On April 27, 2021, however, the Ninth Circuit vacated an injunction in a related case, holding that Congress had expressly prohibited judicial review of the agency decisions in question. Defense Distributed argued New Jersey law had no power over their settlement and its use to impede their file publication was unconstitutional. The suit was originally dismissed in district court over a question of
personal jurisdiction, but in August 2020 the
Fifth Circuit Court of Appeals reversed the lower court and allowed the lawsuit to proceed in Texas. On March 29, 2021, the Supreme Court denied Grewal's petition for a writ of certiorari, affirming the Fifth Circuit's decision, and remanding the case to the district court.
Defense Distributed v. Bruck After remand to Texas, and after Andrew Bruck succeeded Gurbir Grewal as Attorney General of his state, the district court severed Defense Distributed's claims against New Jersey and transferred them to a federal court there. Defense Distributed again appealed the district court to the Fifth Circuit Court of Appeals, who again reversed the lower court and held its order severing and transferring the claims against the AG to the District of New Jersey was a clear abuse of discretion. In its opinion, the Fifth Circuit made the rare request to the district court in New Jersey to transfer the 3D gun case back to Texas, which this court has so far refused, creating an unprecedented judicial "turf fight". On March 3, 2023, Judge Reed O'Connor of the Northern District of Texas granted Defense Distributed injunctive relief against the ATF, and on June 30, 2023, he granted the company's motion for summary judgment against the agency. ==Reception==