Texas Ghost Gun Machine Manufacturer To Face Lawsuit In California After Case Transfer Denied

A Texas-based company, specializing in the production of machines that enable individuals to construct untraceable firearms, will have to face a lawsuit filed by the State of California. This comes after a federal judge's decision to deny the company's request to transfer the case to Texas.

Case Remanded Back to San Diego Superior Court

On October 4, U.S. District Judge Anthony J. Battaglia issued a ruling remanding the case back to San Diego Superior Court. He rejected a bid by Austin-based Defense Distributed, along with affiliates Coast Runner Industries and Ghost Gunner, to move the case to Texas. The judge ruled that California is the real party in interest and there are no grounds for federal jurisdiction based on the companies’ argument of diversity of citizenship, a legal concept that allows federal courts to preside over cases involving parties from different states.

Defense Distributed to Face Case Under California's Stricter Gun Laws

The judge's decision denies the defendants’ motion to change venue, requiring them to face the case under California’s stricter gun laws. Defense Distributed and its affiliates had hoped to move the case to Texas, where the companies are headquartered and where much of the evidence and key witnesses are located. However, the judge dismissed these claims, stating that California is clearly the party of interest.

Unregistered Firearms or "Ghost Guns"

Defense Distributed and its affiliates manufacture computer numerical control (CNC) milling machines that allow individuals to produce unregistered firearms, commonly known as ghost guns, by assembling them at home from unfinished parts. These firearms lack serial numbers, making them difficult for law enforcement to trace.

California's Lawsuit Against Defense Distributed

California’s lawsuit, filed by the County of San Diego on behalf of the state, accuses the companies of deliberately targeting Californians with their products, in violation of the state’s strict gun control laws. The suit alleges that Defense Distributed’s machines are being sold to Californians specifically to circumvent these regulations.

California's Legal Framework Against Ghost Guns

California’s legal framework against ghost guns includes Assembly Bill 857, a law that requires individuals who manufacture or assemble their own firearms to apply for a serial number from the California Department of Justice to ensure they can be traced by law enforcement.

Concerns About the Proliferation of Untraceable Ghost Guns

The law, enacted in 2016 and expanded in subsequent years, seeks to address concerns about the proliferation of untraceable ghost guns, which state authorities say are often used in criminal activity. In its lawsuit against Defense Distributed and affiliates, California highlights the growing issue of ghost guns, citing a sharp increase in the number of untraceable firearms recovered in the state—from 26 in 2015 to 12,894 in 2022.

Ghost Guns and Public Safety Risk

California says that the sale of ghost gun milling machines has made it easier for criminals to acquire untraceable firearms, posing a serious public safety risk. The state seeks an injunction to prevent Defense Distributed and its affiliates from continuing to sell the devices to Californians, along with financial penalties for violating the state’s gun control laws.

Defense Distributed's Stand on the Issue

The companies, however, maintain that their products are legal under federal law, and argue that California’s regulations infringe on individuals’ Second Amendment rights to manufacture firearms for personal use.

Bottom Line

This case brings to the forefront the ongoing debate between gun control and the right to bear arms. It raises questions about the regulation of ghost guns and the potential public safety risks they pose. What are your thoughts on this issue? Do you think stricter gun control laws are necessary or do they infringe upon individual rights? Share your thoughts with your friends and sign up for the Daily Briefing which is everyday at 6pm.