California Attorney General Rob Bonta and San Francisco District Brooke Jenkins, who were assisted by volunteer counsel from Giffords Law Center to Prevent Gun Violence, and Keker, Van Nest & Peters, LLP, announced that final judgments were entered against Blackhawk Manufacturing (Blackhawk), GS Performance LLC (Glockstore), and MDX Corporation (MDX) as part of a settlement with the companies. Pursuant to the judgments, the companies will be permanently prohibited from manufacturing or selling unserialized ghost gun kits and firearm precursor parts in California. Firearm precursor parts are items that may be easily converted into a frame or receiver of a firearm, or that are marketed as such. The companies will also pay civil penalties in the following amounts: $500,000 from Blackhawk, $120,000 from Glockstore, and $55,000 from MDX. The judgments resolve allegations that the companies violated California and federal law in their manufacturing, advertising, and sale of ghost gun kits and firearm precursor parts.
“The manufacture and sale of ghost gun kits has created a largely chaotic industry that is a massive threat to public safety,” said Attorney General Rob Bonta. “As firearm-related deaths and injuries rise, we must look for upstream interventions that get to the crux of the gun violence epidemic. Getting these manufacturers and retailers to keep untraceable ghost guns off the market is a big win for public health and safety in California.”
“The influx of unlawful and untraceable ghost guns poses a serious public safety issue to residents of San Francisco and the State at large,” said District Attorney Brooke Jenkins. “This lawsuit should serve as a reminder that firearms laws must be followed, particularly with respect to the importation and sale of firearm precursor parts into California. I am pleased to have worked with Attorney General Bonta and our pro bono partners to achieve this important result and will not hesitate to take action in the future to enforce state and federal gun laws.”
“This is huge for California and the national fight against ghost guns.These reckless ghost gun sellers were selling ghost gun kits to California consumers who could not lawfully assemble them. Keeping these untraceable guns out of the state will save lives," said Esther Sanchez-Gomez, Litigation Director, GIFFORDS Law Center. "We were proud to work with Attorney General Bonta, San Francisco District Attorney Jenkins, and Keker, Van Nest & Peters, LLP to secure this critical win for the people of California.”
“We are proud to work alongside Attorney General Bonta, District Attorney Jenkins, and the Giffords Law Center to help end the manufacture, distribution, and sale of ghost gun kits in California,” said Brook Dooley, a partner with the law firm Keker, Van Nest & Peters. “These manufacturers have circumvented California’s gun safety laws for far too long, helping to promote an alarming public safety crisis. The unchecked proliferation of ghost guns will no longer undermine the safety of our communities.”
Ghost gun kits, which commonly contain firearm precursor parts, pose a serious public safety threat. The kits can be used to self-assemble a fully functional weapon in less than 30 minutes and are typically sold without a serial number or background check. As a result, people legally prohibited from purchasing or possessing firearms could obtain ghost guns. The lack of serial numbers on these firearms also render them essentially untraceable, making them attractive to criminals and impeding law enforcement’s ability to prevent and solve crimes. According to data reported by the California Department of Justice, Bureau of Firearms, the number of ghost guns recovered by law enforcement in California increased by more than 49,000% from 2015 to 2021.
The complaint, which was filed in 2021, alleges that the defendants violated California consumer protection laws, and state and federal laws governing firearms. According to the complaint, the defendants violated and undermined the federal Gun Control Act by selling ghost gun kits and firearm precursor parts that are not serialized and by failing to comply with point-of-sale requirements, including background checks and recordkeeping requirements. As alleged in the complaint, the defendants also violated California’s Unsafe Handgun Act by selling kits and firearm precursor parts that produce handguns that lack required safety features, and two of the defendants violated California’s Manufacture of Firearms Law by manufacturing unfinished frames and receivers without serializing them. The complaint further alleges that the defendants misled consumers about serialization, eligibility, and safety requirements for legally assembling a firearm under California law and falsely led them to believe that the firearms built from the defendants’ products were legal.
Under the terms of the judgments, Blackhawk, Glockstore, and MDX are each permanently prohibited from manufacturing or selling any unserialized firearm precursor parts in or into California. They are also prohibited from making any statements that falsely suggest it is legal to purchase, sell, assemble, or own ghost guns or firearm precursor parts in California. The companies must also prevent future violations of California’s firearms laws by training and educating employees and providing notices to customers.
Since the complaint was filed, California’s AB 1621 was passed in 2022, which made the sale of unserialized firearm precursor parts generally illegal in the state and has helped to stem the tide of ghost guns. These judgments hold the defendants accountable for their conduct prior to the enactment of AB 1621; they do so under longstanding federal and state laws governing firearms, unsafe handguns, and fair business practices, and reinforce the applicability of those laws to the ghost gun industry.
Attorney General Bonta is committed to keeping Californians safe and stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:
Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through data reports issued by the office to provide a robust review of gun violence and gun-related domestic violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
Drafting and implementing regulations defining firearm precursor parts and guiding the public on firearm precursor part identification.
Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry and supporting The Gun Violence Prevention and School Safety Act (AB 28) to make long-term investments in community-based gun violence prevention programs, school mental health, gun crime investigations, and victim services.
Working to strengthen federal laws to protect the public from ghost guns.
Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
Calling for an investigation into an ammunition plant that sells military grade ammunition to the public that is subsidized by the American taxpayer.
Original source can be found here.