A Texas-based company that manufactures machines that allow individuals to build untraceable firearms will have to face a lawsuit brought by the State of California in that state, following a federal judge’s decision to deny the firm’s request to transfer the case to Texas.
In a ruling issued on Oct. 4, U.S. District Judge Anthony J. Battaglia remanded the case back to San Diego Superior Court, rejecting 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, which is a legal concept allowing federal courts to preside over cases involving parties from different states.
“California is a real party in interest, and Defendants have not met their burden to establish that removal is proper,” the judge wrote in the order. The decision denies the defendants’ motion to change venue, requiring them to face the case under California’s stricter gun laws. […]
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