Jump to content
this_is_nascar

Ghost Gun Legislation?

Recommended Posts

Awaiting the real story on this - what leverage did the NJ AG use to extort that settlement?  They ensnared an out-of-state retailer who didn't know the NJ "ghost gun" law and shipped into state, and the AG threatened them with a business-killing suit?

Quote

NEWARK – Attorney General Gurbir S. Grewal today announced a first-of-its-kind settlement with a ghost gun company that the Attorney General and New Jersey Division of Consumer Affairs sued over the company’s advertising and marketing of ghost guns to New Jersey residents and delivery of an assault firearms kit to a New Jersey buyer.

The March 2019 lawsuit against James Tromblee, Jr. d/b/a U.S. Patriot Armory (U.S. Patriot Armory) also was the country’s first such lawsuit against a ghost gun distributor.

“Ghost guns” are partially assembled firearms sold with the parts needed to create a fully-operational gun, often with the instructions on how to do so. Because “ghost guns” are incomplete when sold, companies do not require purchasers to go through background checks, allowing prohibited persons—including terrorists, fugitives, and felons—to obtain firearms that they otherwise would not be able to purchase. Completed “ghost guns” lack traceable serial numbers, making it harder for law enforcement to trace them to their owners and solve gun-related crimes.

In a final consent judgment approved by the court today, U.S. Patriot Armory has agreed to stop advertising and shipping ghost guns and untraceable parts to New Jersey consumers, and to pay $70,000 to resolve the State’s lawsuit, among other relief.

“Protecting New Jerseyans is one of my primary responsibilities as chief law enforcement officer, and to do that, we must keep untraceable firearms off our streets,” said Attorney General Grewal. “We put ghost gun vendors on notice about the consequences of violating our State’s laws over a year ago. Many responded by blocking ghost gun sales to New Jersey residents. Companies that refuse to comply with our laws voluntarily will be held accountable in court.”

Today’s settlement is the latest development in the State’s ongoing efforts to keep ghost guns out of New Jersey.

In November 2018, Governor Phil Murphy signed legislation making it illegal in New Jersey to purchase parts to manufacture or distribute information to print “ghost guns,” homemade or 3D printed firearms that are untraceable by law enforcement.

In December 2018, Attorney General Grewal sent cease-and-desist letters to ghost gun companies across the country, ordering them to stop advertising and selling their products to New Jersey buyers and promising to sue any that failed to comply. In response to the cease-and-desist letters, fifteen ghost gun companies agreed to block all New Jersey sales.

The State’s complaint against U.S. Patriot Armory alleged that the California-based distributor continued to deceptively and unconscionably advertise, offer and sell ghost gun kits to New Jersey residents without warning them that untraceable firearms are illegal in New Jersey, exposing buyers to criminal prosecution. To the contrary, U.S. Patriot Armory represented on its website, “Is it legal?: YES!”

The lawsuit also alleged that on February 14, 2019, an undercover investigator for the Division of Consumer Affairs accessed the U.S. Patriot Armory website and purchased a ghost gun kit for the creation of an AR-15 assault rifle, which was delivered to an undercover New Jersey address the following month.

In addition to making a monetary payment and agreeing to stop advertising and shipping ghost guns to New Jersey buyers, U.S. Patriot Armory has agreed to include on its website’s home page and checkout page a conspicuous disclaimer making clear that it does not ship ghost guns or parts to New Jersey.

In addition to today’s ghost gun settlement, Attorney General Grewal recently resolved two lawsuits against firearms dealers over their advertisement and sale of large capacity magazines (LCMs). In September 2020, a Nevada-based firearms dealer agreed to stop advertising, offering for sale, and selling LCMs to New Jersey residents, and to pay the State $50,000, to settle the State’s civil lawsuit against the company. And in January 2021, a Florida company agreed to stop advertising, offering for sale, and selling LCMs anywhere in the United States, and to pay $135,000 in civil penalties after the company sold LCMs to an undercover investigator and delivered the prohibited ammunition to a New Jersey address.

Deputy Attorney General Jesse J. Sierant, Assistant Section Chief of the Consumer Fraud Prosecution Section within the Division of Law’s Affirmative Civil Enforcement Practice Group represented the State in the matter. Investigator Aziza Salikhova of the Office of Consumer Protection within the Division of Consumer Affairs conducted the investigation.

 

Share this post


Link to post
Share on other sites

OK . . . I'm note a lawyer but as I understand it, the Constitution grants the federal government and the federal government alone the capability to regulate interstate commerce.  Federal law allows for these kits to be manufactured, bought, sold and shipped.  NJ law makes them illegal to receive or possess. 

It seems to me that the only person committing a crime in this scenario was the person who ordered and took possession of the kit. 

Why is the state's AG hassling out of state businesses who have no presence in the state and have done nothing illegal? 

Share this post


Link to post
Share on other sites
39 minutes ago, EdF said:

OK . . . I'm note a lawyer but as I understand it, the Constitution grants the federal government and the federal government alone the capability to regulate interstate commerce.  Federal law allows for these kits to be manufactured, bought, sold and shipped.  NJ law makes them illegal to receive or possess. 

It seems to me that the only person committing a crime in this scenario was the person who ordered and took possession of the kit. 

Why is the state's AG hassling out of state businesses who have no presence in the state and have done nothing illegal? 

Yep.  This is what the anti-gunners salivate over...being able to blame the manufacturer and not blame the bad guy pulling the trigger.  This is basically the same issue Pennsylvania's attorney general is trying to illegally make.

Share this post


Link to post
Share on other sites
39 minutes ago, EdF said:

Why is the state's AG hassling out of state businesses who have no presence in the state and have done nothing illegal? 

1.  He's a POS leftist. 

2. I would imagine he likely threatened years of costly litigation if they didn't agree to it.

Only my opinion. 

  • Agree 1

Share this post


Link to post
Share on other sites
49 minutes ago, voyager9 said:

Because it was the NJSP who ordered them in order to ensnare the company

That's irrelevant to the point . . . And, they didn't "ensnare" the company.  The company was already advertising and selling the guns to NJ residents.

42 minutes ago, father-of-three said:

This is basically the same issue Pennsylvania's attorney general is trying to illegally make.

Not really . . . As I understand the PA case, the kits were purchased legally in PA and they are legal to own and build but you can't sell the gun built from the kit because there's no serial number.  Also, at least some of those who bought kits were prohibited from owning firearms due to prior

 

43 minutes ago, ChrisJM981 said:

1.  He's a POS leftist. 

2. I would imagine he likely threatened years of costly litigation if they didn't agree to it.

1.  Well . . . yes . . . 

2. I'm sure but there should have all sorts of assistance in that litigation.  

 

Share this post


Link to post
Share on other sites
20 minutes ago, EdF said:

The company was already advertising and selling the guns to NJ residents

Define “advertising to NJ residents”.  Were they putting up billboards?  Mailers?   Online ads and ads in National magazines is not targeting NJ residents. 

I do agree with you that the buyer is the one committing the crime. 

  • Agree 1

Share this post


Link to post
Share on other sites
1 hour ago, ChrisJM981 said:

2. I would imagine he likely threatened years of costly litigation if they didn't agree to it.

I think that's what it was too. Just agree to a settlement, without admitting guilty. Just pay an agreed amount to make it go away, instead of years of legal costs... The company will just write it off as a "marketing" expense, and move forward.

Share this post


Link to post
Share on other sites

Interesting... searching for information I found this:

...."But Daniel Schmutter, the company's Ridgewood attorney, offered a different view. 

"Despite the attorney general spinning this as a 'victory,’ in fact it is a loss to New Jersey — their weak case forced them to settle for much less than they were originally seeking," Schmutter said in an email. 

He would not elaborate. 

https://www.northjersey.com/story/news/new-jersey/2021/03/18/us-patriot-armory-ghost-gun-distributor-end-sales-new-jersey/4753465001/

  • Like 1
  • Informative 1

Share this post


Link to post
Share on other sites
11 hours ago, voyager9 said:

Define “advertising to NJ residents”.

My point was a little different.  I was responding to you comment about police entrapment.  I seriously doubt that this was the only purchase.  This came to the AG's attention through other means:  Advertisements reporting that the kits were "legal" without noting that they are not legal everywhere and, most likely, other sales.

Share this post


Link to post
Share on other sites
1 hour ago, CMJeepster said:

Can anyone give me the stats on how many crimes in Jersey involved ghost guns?

The same number that involved bump stocks.

1 hour ago, silverado427 said:

Add 30 15 round mags

There, fixed it for you.

2 hours ago, EdF said:

I seriously doubt that this was the only purchase.  This came to the AG's attention through other means:  Advertisements reporting that the kits were "legal" without noting that they are not legal everywhere and, most likely, other sales.

Isn't it the responsibility of the PURCHASER to know the laws surrounding the item, just like everything else in the world? Example, has the AG shut down all the Firework sellers across the bridges in PA or other states?

  • Like 1

Share this post


Link to post
Share on other sites
1 hour ago, Sniper said:

Isn't it the responsibility of the PURCHASER to know the laws surrounding the item, just like everything else in the world?

This is EXACTLY what I said in my first post in this thread . . . The only person who committed a crime in the story was the one who ordered and received the kit.  

Share this post


Link to post
Share on other sites
18 hours ago, EdF said:

That's irrelevant to the point . . . And, they didn't "ensnare" the company.  The company was already advertising and selling the guns to NJ residents.

Not really . . . As I understand the PA case, the kits were purchased legally in PA and they are legal to own and build but you can't sell the gun built from the kit because there's no serial number.  Also, at least some of those who bought kits were prohibited from owning firearms due to prior

 

1.  Well . . . yes . . . 

2. I'm sure but there should have all sorts of assistance in that litigation.  

 

You ignored my first sentence and then quoted my second sentence to diaagree with an argument that I was not making.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...