New Jersey sues 'ghost gun' dealer for selling AR-15 assembly kits

[commodon]

New Jersey on Friday filed a lawsuit against a California retailer that sold so-called ghost guns, or assembly kits for untraceable AR-15 rifles.

The lawsuit, filed in Superior Court against U.S. Patriot Armory, comes after Gov. Phil Murphy (D) criminalized the purchase of firearm parts with the goal of assembling a gun without a serial number, news site NJ.com reported.

U.S. Patriot Armory and its owner, James Tromblee Jr., are accused of selling the "ghost guns," which officials say bypass loopholes in state and federal firearm laws by selling "80 percent builds" with instructions for how to complete the rest.

The guns can be sold online and shipped through the mail without background checks because the nearly-completed guns are not capable of firing, the newspaper noted.

New Jersey Attorney General Gurbir Grewal sent cease-and-desist letters to at last 16 companies that sell such kits after Murphy's ban went into effect in November.

Grewal said during a news conference on Friday that U.S. Patriot Armory ignored the demand to stop shipping.

An undercover officer was able to order "all the parts to make a fully operational AR-15-style rifle" for $583.98 in February, which was shipped them to a New Jersey address "without conducting a background check, without including a serial number, and without a warning that the gun we were buying was illegal in our state."

A firearms expert with the state police was able to assemble and fire the AR-15 after the assembly kit arrived last week, the newspaper reported.

New Jersey was still listed as an option for shipping while on the company's website Friday morning, according to NJ.com

The Hill has reached out to U.S. Patriots Armory for comment.

From New Jersey sues 'ghost gun' dealer for selling AR-15 assembly kits

 

[Fixxah]

Caveat emptor.

 

[MachineHead]

I don’t understand this. No firearms are being sold here, thus no ATF rules are being broken. Does this sound like a violation of the commerce clause on the part of the NJ AG?

If anything, I’d think this would be a problem between the person who bought the items in violation of their state law versus the shipper. Maybe I’m simplifying this too much.

 

[Apathesis]

The AG mentioned "loopholes" when the 1968 GCA specifically allows these.

 

[allen-1]

This is the same AG who filed lawsuit against Defense Distributed, (makers of Ghost Gun CNC).

He's defining an 80% as a firearm, which the ATF has specifically not done.
He's making up law as he goes along.

This is the face of Tyranny.

 

[Squire]

Racist police will kill way more people in NJ this year than anyone who builds a ghost gun.

 

[Jason m]

They have baited the hook, lets see how many AG's jump in. It was only a matter of time before one of at least tried, as silly as the lawsuit sounds to us the blue states have to do something...............for the children.

 

[Chevy 2 65]

This is the same AG who filed lawsuit against Defense Distributed, (makers of Ghost Gun CNC).

He's defining an 80% as a firearm, which the ATF has specifically not done.
He's making up law as he goes along.

This is the face of Tyranny.

Not compatible with the constitution

 

[teaser452]

I’ve wanted to try making one of these for awhile.

Time to order from this guy.

 

[namedpipes]

"The lawsuit, filed in Superior Court against U.S. Patriot Armory, comes after Gov. Phil Murphy (D) criminalized the purchase of firearm parts with the goal of assembling a gun without a serial number"

Not to pick nits, but laws about the picking of nits...

If the new law criminalizes the PURCHASE of firearm parts, then why are they suing the SELLERS of firearm parts?

Of course is also says the Governor criminalized it, which is not how it works.

 

[rep308]

Order placed, I should send the NJ AG a thank you note for the recommendation.

 

[rommel]

The only crime I see is the cops who built a banned gun and fired it.

 

[amm5061]

Order placed, I should send the NJ AG a thank you note for the recommendation.

Yeah, great press for them. I'll be placing an order soon as well.

 

[Rob Boudrie]

He's defining an 80% as a firearm, which the ATF has specifically not done.
He's making up law as he goes along.

Worked for Maura. If you doubt it, try to buy a lower from a dealer in MA.

 

[Rob Boudrie]

I would like to see them try an FOB defense. When selling terms are FOB, title to the merchandise transfers to the buyer at the point of delivery to the common carrier, not at the point of destination. Under that theory, the sale was not even made in NJ.

 

[HuntMaine]

They will soon make it illegal to purchase a blank of steel because it could be craft into a weapon. a**h***s

 

[Darksideblues42]

They will soon make it illegal to purchase a blank of steel because it could be craft into a weapon. a**h***s

Don't sell any Sh*tshovels with Boris's thread around.

 

[TLB]

Why aren't they trying to ban 0% lowers? Aluminum is to easy to mill to be allowed on the hands of the public.

 

[mibro]

This is the face of Tyranny.

More like the Turban of Tyranny.

I know, racis'.

 

[DispositionMatrix]

From the OP:

An undercover officer was able to order "all the parts to make a fully operational AR-15-style rifle" for $583.98 in February, ...

What a hero. I wonder how many ataboys were received for that.

 

[EddieZoom]

From the OP:

What a hero. I wonder how many ataboys were received for that.

Let's see the finished product...was he actually able to assemble or is still still looking for the safety selector detent spring that went flying across the shop ;-)

Mlok or KeyMod ?

Need more info before coming to a decision on the legitimacy of this claim.

 

[amm5061]

Let's see the finished product...was he actually able to assemble or is still still looking for the safety selector detent spring that went flying across the shop ;-)

Mlok or KeyMod ?

Need more info before coming to a decision on the legitimacy of this claim.

Pics or it didn't f***in happen!

 

[fshalor]

I think a 10 yo could win this case. 1. Potentially illegal law. (Govnr doesn't make laws.lawmakers do.) 2. Law if was legitmate indicate purchaser is the breaker not seller. 3. Atf definition is explicit. The product in question doesn't match def.

But we know how this will play out.

Yeah. I forgot about FOB laws too. This is a no go. I believe one could sue the seller if and only if they intentionally some something they knew was illegal or a danger to the operator (think broken glass or defective things).

Maybe that's why the AG thinks they can make an angle past all the other BS?

 

[Horrible]

I hope that this lawsuit gets thrown out with the quickness

These AGs should be held liable for the damage they do to these retailers.

Unfortunately, The govt can’t be sued for this crap

 

[MisterHappy]

Caveat emptor.

Yeah, that's been moot for a long time.... You ALWAYS have to blame the Deeper Pockets.

 

[Prepper]

This thing they are calling a "loophole" also has another term, known as "the law".

 

[xtry51]

The real issue here is the Gov trying to stop firearms by simply charging people with made up crimes and the defendant having to foot the bill. They basically.just want to bankrupt one guy and intimidate everyone else into stopping.

This is exactly why I continue to say if there is no guilty verdict, the prosecution should be required to hand over a check within 24hrs for all costs incurred by the defendants and then the prosecutor may also be sued at the personal level in civil court for loss of life/wages. I.e. if the prosecutor loses the civil case for wrongful or malicious prosecution, the state doesn't pick up the bill.

 

[namedpipes]

The real issue here is the Gov trying to stop firearms by simply charging people with made up crimes and the defendant having to foot the bill. They basically.just want to bankrupt one guy and intimidate everyone else into stopping.

This is exactly why I continue to say if there is no guilty verdict, the prosecution should be required to hand over a check within 24hrs for all costs incurred by the defendants and then the prosecutor may also be sued in civil court for loss of life/wages.

If such a law were passed, every State would be in bankruptcy within a year and virtually all prosecutors will be leaving the profession for other pursuits.

(this should not necessarily be construed as a bad thing)

 

[Rob Boudrie]

The turban would tend to suggest the NJ AG is a Sikh.

I wonder if he follows the Sikh religious tradition of carrying a Kirpin (an edged weapon) at all times to fight evil and defend the oppressed wherever he finds it/them.

What would be really interesting would be if the state of NJ prosecuted a Sikh for carrying this religious weapon and the AG had to stake out a position.

 

[Darksideblues42]

The turban would tend to suggest the NJ AG is a Sikh.

I wonder if he follows the Sikh religious tradition of carrying a Kirpin (an edged weapon) at all times to fight evil and defend the oppressed wherever he finds it/them.

What would be really interesting would be if the state of NJ prosecuted a Sikh for carrying this religious weapon and the AG had to stake out a position.

I have known and worked with quite a few Sikhs over the years, including some from areas of the world not exactly known for tolerance.

The cornerstone of their faith is defending the innocent, protecting against injustice, and if need be, laying down their lives in defense of a stranger in need. Each Sikh man is supposed to be a warrior-priest-poet, someone who can use words as equally as he can use physicality to serve the call to defend the defenseless, as his faith demands.

The AG of NJ is, by the standards of the Sikhs I know and am proud to call friends, not a Sikh.