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Defense Distributed looses appeal to allow distribution of files to build AR receivers
5th Circuit ^ | September 21, 2016 | 5th Circuit

Posted on 09/21/2016 10:29:49 AM PDT by Deek

Plaintiffs-Appellants Defense Distributed and Second Amendment Foundation, Inc. have sued Defendants-Appellees, the United States Department of State, the Secretary of State, the DDTC, and various agency employees (collectively, the “State Department”), seeking to enjoin enforcement of certain laws governing the export of unclassified technical data relating to prohibited munitions. Because the district court concluded that the public interest in national security outweighs Plaintiffs-Appellants’ interest in protecting their constitutional rights, it denied a preliminary injunction, and they timely appealed. We conclude the district court did not abuse its discretion and therefore affirm.

(Excerpt) Read more at ca5.uscourts.gov ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 2ndamendment; banglist; firearms
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1 posted on 09/21/2016 10:29:49 AM PDT by Deek
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To: Deek

Ahole “judges” need to be impeached and removed!


2 posted on 09/21/2016 10:31:21 AM PDT by faithhopecharity ("Politicians are not born. They're excreted." Marcus Tullius Cicero.)
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To: Deek

Soon they will define compilers as “hacking tools.”

Only licensed, government-approved programmers will be allowed to own any programming tools, under penalty of law.


3 posted on 09/21/2016 10:31:45 AM PDT by E. Pluribus Unum (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Deek

What are “build AR receivers?” part of an Assault Rifle?


4 posted on 09/21/2016 10:33:48 AM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: Deek

Now lets see them enforce it.

But beware- someone hands you a thumb-drive it may be a crime now


5 posted on 09/21/2016 10:36:36 AM PDT by Mr. K (<a href="https://imgflip.com/i/1adpjl"><img src="https://i.imgflip.com/1adpjl.jpg" title="made at im)
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To: Deek

This will still go to trial, but for now the US Governments position that the files can’t be distributed is the law of the land.


6 posted on 09/21/2016 10:39:12 AM PDT by Deek
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To: Deek
OK, they loosed an appeal. Any news yet and whether they will win or lose the appeal?

Gawd why can't people keep such simple grammar straight?

7 posted on 09/21/2016 10:39:23 AM PDT by lafroste
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To: GreyFriar

For AR-15 platform rifles, the lower receiver (the part that houses the trigger, grip, selector lever and recoil/stock assembly is considered the gun. The upper receiver (receiver, barrel, bolt carrier group) is just a part.

Under federal law, you can legally build your own firearm as long as you don’t sell it. Ever. You don’t need paperwork or approvals. So, many AR enthusiests prefer to build their own lower and buy or build the rest. You can do this by purchasing an 80% completed lower and finishing it, or buy starting from scratch. There’s even a mold kit where you can cast your own AR lower out of plastic. So, naturally, it’s moved on to 3D printing.


8 posted on 09/21/2016 10:40:48 AM PDT by SJSAMPLE
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To: Deek

This looks like CAD/CAM files. Suitable equipment can use them in order to machine parts for such rifles.

Information wants to be free, so to speak, and if these folks’ CAD/CAM files are embargoed, someone outside the USA may produce equivalent files from scratch, perhaps even contracted by firms such as Defense Distributed. That is how computer encryption software controls were gotten around — new encryption software was produced outside the USA and imported.

In the end this is like trying to nail Jello to a tree.


9 posted on 09/21/2016 10:41:27 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Mr. K

Could be. I read where people are getting thumb drives in their mailboxes in Australia and are loading them right up with horror-ware.


10 posted on 09/21/2016 10:41:40 AM PDT by sparklite2 (The game overs whether you play it or not.)
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To: GreyFriar
Defense Distributed "is an online, open-source[3] organization that designs firearms, or "wiki weapons",[4][5][6] that may be downloaded from the Internet and "printed" with a 3D printer.[4] Among the organization's goals is to develop and freely publish firearms-related design schematics that can be downloaded and reproduced by anyone with a 3D printer.[7][8]"

Under current law, individuals are allowed to make their own guns, as long as they don't sell them. The guns do not need to be registered, nor have serial numbers.

This wasn't a big deal, from the BATF point of view -- UNTIL cheap 3D printers came along.

11 posted on 09/21/2016 10:43:10 AM PDT by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)
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To: GreyFriar
What are “build AR receivers?”

AR-15 style receivers. The receiver is the "gun", and normally needs to be serial numbered and registered. If you build it yourself, you are not required to register it. The DD files made it very simple for an individual to buy receivers that are 80% done, and complete the construction using a small consumer CNC machine.
12 posted on 09/21/2016 10:43:35 AM PDT by Deek
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To: PapaBear3625

Thank you.


13 posted on 09/21/2016 10:43:43 AM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: SJSAMPLE

Thank you.


14 posted on 09/21/2016 10:44:15 AM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: PapaBear3625

I doubt that the target equipment is these 3D printers, which do not produce very strong “printouts.” Driving CAD/CAM equipment seems to be the goal.


15 posted on 09/21/2016 10:44:59 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Deek

Thank you. I remember the upper and lower receiver groups of the M-16. I learned about them in basic training 40 some years ago.


16 posted on 09/21/2016 10:45:49 AM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: Deek

Ironically, our “national security” should by definition revolve around our constitution and individual unalienable rights...


17 posted on 09/21/2016 10:45:58 AM PDT by Axenolith (Government blows, and that which governs least, blows least...)
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To: HiTech RedNeck

DD is selling these: https://ghostgunner.net/

You can buy these: https://ghostgunner.net/collections/featured-products/products/ar-15-lower-receiver-1 from DD (and others). The Ghost Gunner allows you to machine the 80% into 100%. The catch is that you need to have a CNC file to driver the Ghost Gunner.


18 posted on 09/21/2016 10:48:07 AM PDT by Deek
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To: Deek

Looking at the link, it appears that part of the argument is that the files are not ITAR*-compliant. ITAR prohibits a US citizen or company from distributing arms-related information to foreign entities. If these files can be downloaded by non-US citizens, then I can see where this would be an ITAR violation.

*International Traffic in Arms Regulation


19 posted on 09/21/2016 10:52:38 AM PDT by kosciusko51
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To: Deek
Dump em’ on the internet and let the chips fall where they may, once out there they will NEVER be removed....
20 posted on 09/21/2016 10:53:46 AM PDT by apillar
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