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Defense Distributed v. Platkin

United States Court of Appeals for the Third Circuit

Filed: July 29, 2018

Status: Active

Docket No: 23-3058


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Pursuant to a license and other authorization from the State Department, Defense Distributed published Computer-Aided Design (CAD) and Computer-Numeric Control (CNC) files on its Internet servers in furtherance of its mission to promote firearms knowledge and possession. As a result, Former New Jersey Attorney General Gurbir S. Grewal and Former Los Angeles City Attorney Michael Feuer proceeded to wage an ideologically-fueled program of intimidation and harassment against Defense Distributed through the legal system.

The Defendants’ threatened legal actions violate the First Amendment speech rights of Defense Distributed and its audience, including SAF’s members; run afoul of the Dormant Commerce Clause; infringe upon the Second Amendment rights of those who would make use of the knowledge disseminated by Defense Distributed; constitute a tortious interference with Defense Distributed’s business; and are in any event, federally pre-empted by Congress’s export control laws as well as Defense Distributed’s export license, by which the State Department has explicitly authorized the speech that the Defendants are seeking to silence.

On July 29, 2018, the Second Amendment Foundation along with Defense Distributed filed suit, alleging a series of constitutional and statutory violations, including that Defendants’ policies and practices violated Plaintiffs’ First and Second Amendment rights under the United States Constitution. The Complaint requests the Court provide declaratory and injunctive relief enjoining Defendants from their ongoing policies and practices in violation of Plaintiffs’ constitutional rights. 

Amended Complaint

Case Team: Daniel Schmutter, Joshua Blackman

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Recent Docket Activity

View Entire Docket Here

April 20th, 2026

MANDATE ISSUED. [Entered: 04/20/2026 09:03 AM]

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April 10th, 2026

ORDER DENYING Petition En Banc Rehearing and Petition for Panel Rehearing filed by Appellants Second Amendment Foundation Inc and Defense Distributed. KRAUSE, Authoring Judge.*Judge Scirica and Judge Rendell votes are limited to panel rehearing only. [Entered: 04/10/2026 02:29 PM]

Document | View on CourtListener

March 30th, 2026

ORDER GRANTING unopposed motion to file exhibits with Petition for Rehearing filed by Appellants Second Amendment Foundation Inc and Defense Distributed. KRAUSE, Authoring Judge. [Entered: 03/30/2026 02:41 PM]

Document | View on CourtListener

March 3rd, 2026

ECF FILER: UNOPPOSED Motion filed by Appellants Defense Distributed and Second Amendment Foundation Inc to file exhibits with Petition for Rehearing. Certificate of Service dated 03/02/2026. Service made by ECF. [23-3058] [Entered: 03/03/2026 12:49 AM]

Document | View on CourtListener

February 27th, 2026

NONCOMPLIANCE Order sent to Appellants Defense Distributed and Second Amendment Foundation Inc. Requesting Motion to file attachments/exhibits to Petition for Rehearing. Compliance due 03/06/2026. [Entered: 02/27/2026 10:36 AM]

Document | View on CourtListener

February 27th, 2026

ECF FILER: ENTRY OF APPEARANCE from Stephen Ehrlich on behalf of Appellee Attorney General of New Jersey. [23-3058] [Entered: 02/27/2026 06:21 PM]

Document | View on CourtListener

February 26th, 2026

ECF FILER: Petition filed by Appellants Defense Distributed and Second Amendment Foundation Inc for Rehearing before original panel and the court en banc. Certificate of Service dated 02/26/2026. Service made by ECF. [23-3058] [Entered: 02/26/2026 04:52 PM]

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      © SECOND AMENDMENT FOUNDATION. All rights reserved.
      • The Foundation
        • About SAF
        • Our History
        • Our Team
        • Board of Trustees
        • SAF Annual Report
        • Financial Information
      • Legal
        • Legal Action
        • Red Flag Law Challenges
        • State Law Preemption Project
        • Submit a Case
        • Prospective Plaintiff
        • Assistance for the Legal Profession
        • Case Map
      • News
        • News Releases
        • Investigative Journalism Project
        • SAF In The News
        • 50th Anniversary Video Series
      • GRPC
        • Gun Rights Policy Conference
        • 2026 GRPC Speakers
        • 2026 AMM-Con
      • Get Involved
        • Join the SAF Legal Community
        • Contact Your Representative
        • Contact Your Senator
      • Contact Us
        • General Inquiries
        • Media Requests
        • Address Change
      • Support SAF
        • Join SAF
        • Renew Membership
        • Give Now
        • Donor Advised Funds (DAF)
        • Partner With Us
        • SAF Annual Report
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        • Wall Of Honor
      • More
        • Corporate Partners
        • Shop
        • State Constitutional Protections
        • Publications
        • Concealed Carry Reciprocity
        • FAQs

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