NEW YORK (Legal Newsline) - A New York federal judge has decided to hear the state attorney general's lawsuit against manufacturers of "ghost guns," finding a need to clarify whether they are firearms or component parts.
AG Letitia James sued several retailers earlier this year in New York Supreme Court, claiming their guns are made so that they can easily be converted into untraceable and sold without background checks. The defendants removed the case to federal court.
Judge Jesse Furman, of the Southern District of New York, ruled on Dec. 8 that the case presents a "substantial federal question," giving him jurisdiction.
"(G)iven the longstanding and strong federal interest in regulating the manufacture and sale of firearms in interstate commerce, the exercise of federal jurisdiction would not disrupt the federal-state balance approved by Congress," Furman wrote in denying James' motion to remand the case to New York Supreme Court, where it was first filed.
The defendants are Arm or Ally, 80 Percent Arms, 80P Builder, Brownells, Glockstore/GS Performance, Indie Guns, KM Tactical, Primary Arms, Rainer Arms and Rock Slide USA. The suit accuses of them of fraud and public nuisance, as well as failure to establish reasonable controls by a gun industry member.
The defendants sell unfinished frames, marketed as incomplete, even though all it requires is a "tiny amount of plastic to shave down at the top of the frame and three tiny holes to be drilled on the side," the suit says.
"These adjustments require no guesswork," it adds. "With the aid of a simple jig that precisely guides the tool work, usually sold together with the unfinished part as a kit, an individual can produce a working firearm in under an hour without any special skill or aptitude."
The defendants are not subjected to the investigation and review process required to become a registered Federal Firearms Licensee and do not keep records of their sales.
"Evading these and other requirements is not an accidental byproduct of Defendants' business; it appears to be the point," Furman wrote.
James' lawsuit alleges these ghost guns have caused a public health and safety crisis. She makes 11 claims, including violation of bans on shipping unfinished frames in New York and endangering the public.