Case Law Database

Trafficking in firearms

Offences

• Illicit brokering

Manufacturing Details

• Illicit conversion or modification of firearms

Trafficking details

• Unauthorized import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts or components or ammunition

Item Types

• firearms
• parts/components

Keywords

• Markings and serial numbers
• Brokers and brokering
• Online sale

The People Of The State Of New York v. Arm or Ally et al.

Fact Summary

The New York Attorney General filed a lawsuit in June 2022 against ten national gun distributors that allegedly unlawfully sold tens of thousands of unfinished frames and receivers, violating several laws by selling weapons to felons and others without a background check.

The plaintiff asserted that these businesses sell these unfinished firearms with the understanding that their customers will convert them into working weapons and have even offered instructions on how to do so. They routinely sell their products inside a “jig,” a plastic structure that guides the user’s tools through the simple steps required to finish the frame. By one of the defendants’ own admission, the jigs “make it ridiculously easy for a non-machinist to finish their [handgun frame] in under 1 hour with no drill press required.” This process is designed to work around federal gun serialization, recordkeeping, and background check requirements.

This case is still being adjudicated, but the Court gave an Order in March 2023 preventing the defendant from selling those types of weapons in the meantime. 

Commentary and Significant Features

This case fits within a broader trend of lawsuits against gun distributors and manufacturers in an effort to regulate ghost guns (unserialized firearms that are difficult to trace due to missing identification marks). These firearms are typically built from so-called “buy, build, shoot” kits or semifinished parts that can be legally purchased without any background checks or registration. The firearms kits can be easily assembled at home, bypassing traditional gun sales regulations. The lack of a serial number makes it difficult to trace these weapons, posing challenges for law enforcement agencies in investigating crimes involving ghost guns. 

Sentence Date:
2023-03-09

Cross-Cutting Issues

Liability

... as involves

• legal persons

Liability of Legal Persons

• Civil
• Sanctions against legal persons

Prosecution, Adjudication and Sanctions

Post-trial Issues

• Non-custodial measures (e.g. early release/parole)

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Civil
 
Proceeding #1:
  • Stage:
    Other
  • Details:
    Ruling on a preliminary injuction
  • Official Case Reference:
    The People Of The State Of New York v. Arm or Ally et al., Index No. 1:22-cv-06124 (JMF)
  • Decision Date:
    Thu Mar 09 00:00:00 CET 2023

    Court

    Court Title

    United States District Court for the Southern District of New York
     
    • Civil

    Description

    The plaintiff asserted that these businesses sell these unfinished firearms with the understanding that their customers will convert them into working weapons and have even offered instructions on how to do so. They routinely sell their products inside a “jig,” a plastic structure that guides the user’s tools through the simple steps required to finish the frame. By one of the defendants’ own admission, the jigs “make it ridiculously easy for a non-machinist to finish their [handgun frame] in under 1 hour with no drill press required.” This process is designed to work around federal gun serialization, recordkeeping, and background check requirements.

    This case is still being adjudicated, but the Court gave an Order in March 2023 stating that the defendants 'are hereby RESTRAINED AND ENJOINED from Selling, delivering, or otherwise disposing of any “unfinished frames or receivers” as defined below to recipients in New York State.'

    It rejected the plaintiff's motion for a preliminary injunction as moot.

     

    Outcome

  • Verdict:
    Other
  • Victims / Plaintiffs in the first instance

    Plaintiff:
    The People Of The State Of New York

    Defendants / Respondents in the first instance

    anonymous:
    Arm or Ally, LLC.
    Defendant:
    80 Percent Arms, Inc.
    Defendant:
    80P Freedom, Co.
    Defendant:
    Brownells, Inc.
    Defendant:
    Glockstore
    Defendant:
    Indie Guns, LLC.
    Defendant:
    KM Tactical
    Defendant:
    Primary Arms, LLC.
    Defendant:
    Rainier Arms, LLC.
    Defendant:
    Rock Slide USA, LLC.

    Court

    United States District Court for the Southern District of New York

    Sources / Citations