California Gun Parts Dealer, Patriot Armory, Sued by New Jersey AG, for Legal Sales

Opinion

New Jersey Attorney General Gurbir Grewal
New Jersey Attorney General Gurbir Grewal

Arizona -(Ammoland.com)- New Jersey has a reputation as one of the states most hostile to the Second Amendment. The reputation was upheld on Friday, 22 March 2019, when anti-Second Amendment Attorney General Gurbir Grewal (a praticing American Sikh) announced a lawsuit against a gun parts dealer based in California, U.S. Patriot Armory.  The parts dealer sold a kit to manufacture a gun at home to a New Jersey undercover investigator.  From nj.com:

State authorities say they’ve filed a first-of-its-kind lawsuit against a gun retailer accused of selling a kit to assemble an AR-15 rifle to an undercover investigator in New Jersey months after the Garden State banned “ghost guns.”

A complaint filed in state Superior Court in Essex County on Friday accuses a California gun dealer, U.S. Patriot Armory, of ignoring a cease-and-desist letter sent by the state attorney general in December, weeks after Gov. Phil Murphy signed a new law making it a third-degree crime to purchase firearm parts with the purpose of assembling a gun without a serial number.

U.S. Patriot Armory does not seem to have violated any law. It has always been legal to sell gun parts in the United States and to ship them through the mail. It has always been legal to manufacture your own gun in the United States. In the famous Heller decision, Justice Scalia mentioned that it might be Constitutional to regulate commercial sales of guns. Implied is that it would not be Constitutional to regulate private sales or the manufacture of guns by individuals for their own use.  From District of Columbia v. Heller:

The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Since Heller, we have found the above compromise language was inserted into the decision at the insistence of Justice Kennedy, as reported by former Justice Stevens:

The effort failed. But Justice Stevens wrote that he helped persuade Justice Anthony M. Kennedy, who was in the majority, to ask for “some important changes” to Justice Scalia’s opinion. A passage in the opinion, which Justice Scalia had plainly added to secure a fifth vote, said the decision “should not be taken to cast doubt” on many kinds of gun control laws.

Major changes in gun law in the United States occurred in the Gun Control Act of 1968 when the Congress turned the purpose of the Commerce Clause on its head and used it to allow states to prevent commerce between the States instead of stopping the States from taxing or preventing trade.  The 1968 law made it illegal for federal dealers to sell guns to people from another state; and for individuals to send arms through the mail across state lines unless it was to a dealer.

In this case, the State is attempting to have their cake and eat it as well. They claim the kits are essentially guns, and they can argue they are not violating Second Amendment rights because they are not stopping the sale or transfer of guns.  Crucial to the case is the definition of “what is a gun”, or more precisely, what is a legal firearm?

In the United States, the BATFE had to answer the question as part of the administration of the 1968 GCA. A barrel is not a firearm. Clearly, a trigger is not a firearm. The BATFE concluded the part that other parts were assembled on would be legally considered the firearm. That part is called the receiver. Parts that are not receivers are not firearms under the law.

The definition begs the question: What is a receiver?.  Is a piece of metal a receiver? A portion of pipe? Is a can of epoxy a receiver? While these items can all be made into receivers, they are not receivers. The BATFE ruled that a receiver had to be more than 80% complete to be defined as a receiver under the law. A person who was willing to make their own receiver, or to complete one that was partially machined, could make their own firearm, which has always been legal under American law and the Second Amendment.

New Jersey is one of only six states that does not have a clause in the state Constitution protecting the right to keep and bear arms in some way.

New Jersey AG Girbir Grewal is already being sued for violation of the First Amendment in an attempt to censor the publishing of instructions, online, on how to make guns.

The State of New Jersey has deep pockets. The lawsuit was filed in a New Jersey Superior Court. This is extending a trend where governments use the civil court system to create prohibitions they desire against actions that are not against the law. It is a perilous precedent. The state has deep pockets. They can bankrupt individuals with lawsuits, even though an individual has not violated any law.  San Francisco City Attorney Dennis Herrera has been using this tactic against companies selling repair kits for gun magazines.

A possible counter-move to the lawsuit against U.S. Patriot Armory would be to sue the New Jersey AG for violation of rights under color of law, on the grounds that sale of gun parts are protected under the Second Amendment.

Many countries around the world prohibit their subjects from generally being armed. As part of those prohibitions, the subjects are prohibited from manufacturing their own firearms and are prohibited from buying gun parts.  The definition of what is a firearm is often carried to extremes. In one Australian state, the instructions on how to make a gun are considered the same as the gun itself. In another, plastic replicas that look like a gun are considered the same as a real gun.

The United States is indeed different than the rest of the world. Prior restraint of publication is generally prohibited under the First Amendment. When Progressives controlled nearly all media, they argued that instructions on how to make atomic bombs was protected speech.  The ability to own and carry guns is protected under the Second Amendment. Both First and Second Amendments are under assault by those who wish a disarmed population.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

  • 79 thoughts on “California Gun Parts Dealer, Patriot Armory, Sued by New Jersey AG, for Legal Sales

    1. So, an undercover investigator broke the law. He should be charged. Being “undercover” does not make you immune to the law you’re supposed to uphold.

      An investigation needs factual evidence to create a case. Simply asking the retailers if it was possible for the parts to be shipped would be enough. However, they would also be operating outside of jurisdiction unless it was a federal case. This was baiting. Plain and simple.

      The retailers need to counter sue for entrapment.

    2. Guys remember, this is a law suit. In this country, you can sue people for anything. Technically, it isn’t a violation of the constitution. The reason I think they picked PoF is that the 9th circuit court is notoriously liberal.

    3. What a dirt bag. Treason has a price pal He reneged on his oath of office. He swore to defend the constitution against all enemies foreign and domestic and now he is using his “authority” to destroy the constitution and enslave the public. With demoncrats like this in office, who needs terrorists? Their end goals are very much the same. The first war for independence was fought over the same stuff he is pushing. How far is Jersey from Concord? Seems like it’s getting closer by the day. It is coming. Arm up, carry on.

    4. Do you know the difference between one with a stone in the forehead and one that has a towel???? One is a push start and the other is a pull start!!!!!!!!!!

    5. “longstanding prohibitions on the possession of firearms by felons and the mentally ill” ??? You can’t own a gun but you can hold public office??? The damnocrats scare me a lot worse than any one with a gun! ( Except a damnocrat with a gun!)

        1. He’s clearly not a Muslim, but assholes come from every corner of the globe. I don’t shit on anyone else’s rights, so please don’t shit on mine. He dosen’t seem compelled to strip arms from seik rebels fighting for their freedom. Just law abiding Americans. Hum, interesting. Remember when we all thought the future would be cool. Thanks a lot for the flying cars guys.

    6. as with austin, TX – i’d relieve myself into nj from a safe altitude & at a decent speed. or maybe using a long elevated trough from outside occupied territory. sorry for you potg-patriots still imprisoned there.

    7. I would think the AG could be rightly accused of dual loyalty , or what ever that raghead B–ch in the house was screaming about .

    8. The lower is unfinished and is not required to have any serial number and in not a gun, ghost or otherwise.
      The retailer has no responsibility to put a s/n on the unfinished lower.

    9. AG Grewal presents as a devote Sikh given his turbin (under which we expect is his uncut hair) and beard: The Kesh. We should also assume he wears a Kangha (comb), Kara (bracelet), a form of The Kachera (undergarment), and importantly his Kirpan (dagger; defensive sidearm). Each has specific significance (articles of faith) to a Sikh male; received at birth, then as a rite of passage, and symbolizing a Sikh’s duty to come to the defense of those in peril.

      Sikh are expected to be “saint-soldiers with the courage to defend the rights of all who are wrongfully oppressed or persecuted irrespective of their colour, caste, or creed.”

      AG Grewal though is perhaps a “soldier” and not a “saint”; soldier of the progressive left.

      Curiously,

      “In the USA (Legal)
      There have been several court cases in the USA relating to the legality of wearing a kirpan in public places. Courts in New York and Ohio have ruled that banning the wearing of a kirpan is unconstitutional.[2]” … http://www.sikhanswers.com/modern-youth-issues/legal-standing-on-sikhs-wearing-kirpan/

      A compelling question:

      Does AG Grewal present as a devote Sikh as a prop, or has he intentionally or unintentionally imposed a “religious standard” on all non Sikhs who would have the “courage to defend the rights of all” ? … Of course “rights” as understood and affirmed in the Constitution of the United States of America, regardless of whatever “rights” mean and from wherever they originate in Sikhism.

      1. One must look up the WEAPONS which the Sikes have used throughout history. They have used MANY “sharp edged” weapons.
        This sikh is nothing but a “USEFUL IDIOT” of the New World Organization.
        He needs to have IMPEACHMENT proceedings lodged against him for not adhering to his OATH OF OFFICE!

    10. Dan; This bunch of IDIOTS were put in office by the MUSH BRAINS that want everything for free and by the working stiffs that are to busy working their asses off trying to live there, It is a virus and is spreading, it has covered a lot of the East Coast, and is spreading into Vermont And Pennsylvania, just take a look at the latest house Bill in PA, it is a total ass-wipe put in motion by 4 Demo-Rats, I’m glad I moved out of Pa because the super population in the major cities are going to sink Pa into the cesspool of the Demo-Rat take-over, Free everything for the useless and total slavery to the rest that don’t move and fast!!!!!!!!!! When you talk to these people they won’t even engage in a conversation about anything, it’s only their way ONLY, Free Anything and Could Careless about the cost not their problem, I talked to one yesterday and she is like most Demo-Rats thinks Obama was the best thing since Sliced-Bread, no changing her mindset about what the Demo-Rats want unbelievable!!!!!!!!!!! After that call I was looking for the target on the wall that says BANG HEAD HERE!!!!!!!!!!!!!!!!!!!!!!!!!

    11. Simple: WILL NOT COMPLY
      That will be my comment on every one of these anti-Constitutional actions from here on. This is beyond ridiculous, and the American citizens, at least those with some intelligence, must start pushing back before the opposition gets these draconian acts into law, and then, begins to confiscate firearms, their ultimate goal of repression.

    12. The free states of the Union should sue the states in rebellion, and if that doesn’t work, then send the militia to bring them back. The Sikh is going against his religion to infringe the right of the people to be armed. He should be in prison for violating civil rights under color of law.

      1. I find that most people who put “Attorney at Law” after their name are not. As to your comment, how did that rebellion by certain states work out 150 years ago?

        1. not as good as the one that’s going to happen in the near future if a lot of useless a**holes don’t back off permanently.

    13. You don’t like it here? Leave. No arguments, No excuses, Pack and fly on out to a place you can love.. Bye….

    14. Who in the hell voted for this ass-clown? Until people wake the #$%@ up and start voting for America again, crap like this will continue.

      1. He was appointed, not elected here in NJ. The worst governor (who probably won’t make it to re-election) in the country pulls his strings. No worries, in the end the entire leadership are not going to be around long.

    15. Obviously it’s the brain swelling (JiffyPop syndrome in his case) that has affected his thinking. He has the lack of blood to the brain reactions like the other DEMOCRAT/LIBERAL anti American scum has shown. Thus his punish the law abiding citizen while ignoring the actual CRIMINAL committing the crimes reasoning.
      Stuff his bulbous black butt plug (JiffyPop) into a camels ass and send him back to his ancestors tent. He dresses and thinks like them, has ZERO to do with this nation.

      1. This article says he is a Sikh. Sikh’s are required by their religion to always have a knife on their person, for self defense purposes. I wonder if that would put him in violation of NJ law as to a concealed weapon and/or the size of the blade. I wonder if he “complies” with NJ law ? I wonder if he complies with the laws of his religion. And I wonder if he has dual citizenship, which brings into question as to whom he is actually loyal to. And, like Gdubb, I also wonder who the hell ever voted for this obvious NWO lackey sent here to infringe our Constitution and disarm the people. He and his boss, Murphy, are 2 pissants in a pod, hell bent on eviscerating the 2A. Murphy got his attitude after years of working for Goldman Sachs, where the Zio-Nazis no doubt filmed him multiple times in the honey traps they set up for him. Who knows, these 2 perps are probably addicted to ADRENOCHROME, supplied to them by the Khazarian Mafia, as many of their cohorts in D.C. And Hollywood are. I think drug tests are in order for the 2 of them. In the meantime, they can KMA .

    16. So there you go naysayers, the state of NJ actually baited a dealer to entrap him. Think they wouldn’t try to do the same to you? Will they be posting surveillance at gun ranges to catch you with one of those extended capacity magazines? They did it to one foreign exchange student, put him in jail because some LEO thought he saw him use one, even though he lied, Wouldn’t the money be better spent in rounding up crooks than trying to bust some parts kit seller?

      1. Yeah, where were all these arsewipes about 18 years ago when tons of nanothermite were being strategically placed throughout the WTC complex. And little SADM’s (Special Atomic Demolition Munitions) were placed 50 meters below the basements ? Probably writing scripts that tried to make the “official story” plausible. BTW, today on the 25th of March, Architects and Engineers for 911 Truth and their sister organization , Lawyers Committee for 911, are filing suit against the FBI for taking a dive on their previous responsesibility of documenting the known facts. Just like NIST did, and the 911 Omission Commission did, they wrote bogus reports describing what happened that day at the WTC Complex, where 2700 souls were intentionally murdered by dirtbags. Sorry to say, but we got TRAITORS in positions of authority who didn’t mind one bit killing us so they could get rich. And they want us disarmed so they can continue with their plans unmolested. Read all about it and catch the videos at LCfor911.org, and, AEfor911Truth.org.

    17. Damn lawyers. The crime is that there isn’t an open season on them. Once the lawsuit is submitted, then all the lawyers get richer and the victims get poorer and/or their lives destroyed. Lawyers, judges and politicians need to be held accountable for ALL their actions.

    18. Idiocy in full bloom. New Jersey, once a Great State, the majority who would rather stand and fight for their Rights, rather now, the majority, reduced to sheep, on their knees in line crawling to the slaughter house. They have traded their Rights for an assumed safety as assured to them by slick talking self serving servants.

      Our Founders warned, when the citizenry trades their liberties for safety, the Republic is lost.

      If Our Founders were alive today, what do you think they would do with the likes of these self serving servants?

    19. All of the citizens who believe in the constitution of NJ should get together for a class action lawsuit and sue the ag of NJ for not following the 2nd amendment !!! That’s the start of keeping your rights that are in the constitution, when they start push you shove right back as hard as it takes !! Or you could loose

    20. What do you expect from a rag head? I’m originally from NY and I’m so glad that I moved after my service time. The eastern states suck when it comes to the 2nd Amendment. I even avoid taking loads to the east because of their ignorance to our 2nd Amendment rights. God Bless America. NJ is fast becoming a communist state. Taking YOUR rights away one piece at a time.

    21. As long as there is no immediate consequence for those who seek to abrgate the Constitutional rights of American citizens, these abuses will continue. Would grewal have filed such a lawsuit if he knew that the failure of this suit in court would result in his dismissal and possible loss of citizenship?

    22. You do things legally and the state, Murphy wants to take it away from you. Signs new laws which makes honest people instant felons, why would you do that? Then when people do things to cover their ass for self preservation, they get screwed for it. The reason you don’t like those purchases is because you just want total control over people. We’re not hurting anyone. Honest citizens and NRA members are getting blamed for things their members don’t do. I guess it’s ok for them to have protection, at the tax payers expense when out in public, but we aren’t allowed that same privilege ourselves. Hypocrites. The lawsuit shouldn’t even be allowed. Eventually other states are going to get fed up with this nonsense from Murphy. Name and shame. Shame on you Mr. Murphy. That’s a low blow. By the way, Pennsylvania has strict laws regarding firearms purchases. I know this first hand. New Jersey residents can’t by a handgun there. Mind your own business and only be concerned about NJ, no other states. We live in one of the most expensive states and our taxes keep going up, plus we have to deal with this garbage, being nice. Can’t wait to get out of this state. It’s known as the Garden state. It should be renamed the Garbage state. God help us.

    23. It is currently legal for a FFL dealer to sell a long gun to someone from out of state as long as that long gun is legal in the state they are from. You can buy it and take possession of it.

      It is legal to mail yourself a long gun through the USPS to another state. I do it once a year for hunting purposes.

      Lastly it’s also legal to purchase a pistol from a FFL out of state. The FFL will have to send it to a FFL in your state though.

    24. This is an example of “by any means necessary.” Authoritarians of all stripes will employ any means to suppress a population. It is never about guns. It is not about safety. It is about control. Public officials should stand trial for attempting to suppress the exercise of rights under the color of law. They should be prosecuted criminally.

    25. maybe the joysee ag got his towel wrapped too tight ! 😉 isn’t it the purchaser,s responsibility to be sure of the laws where they reside before purchasing? maybe they are holding the wrong people/person,s responsible for breaking joysee unconstitutional laws? maybe?

      1. There is no “MAYBE” about it. It IS the RECEIVER’s – – RESPONSIBILITY to make sure their state allows the purchase and receipt of the shipment.
        What is happening here is called – –
        ENTRAPMENT!
        CLEAR AND SIMPLE!
        The individuals who began this proceedings MUST be the individuals which get Charged!

    26. Located in California? Do they have any satellite businesses in New Jersey? If not they have no case..New Jersey can’t control what a company in California does.. if I were them, I would counter-sue New Jersey, to have them sanctioned in federal court for the cost of legal expenses and defamation.. Maybe New Jersey should secede from the union and become a sovereign Nation.. Then they can build a wall around their borders and control what enters and exits.. sounds ridiculous right? But that’s really the only way they can manage their interstate commerce..

    27. It is ridiculous that I, as a retired cop who has never set foot in New Jersey, have greater rights to possess a firearm in New Jersey than New Jersey citizens. At least New Jersey is crime-free, though.

    28. It will get worse before it gets better in NJ. From ridiculously limited magazine capacity, to the impossibility of practically all civilians getting a carry permit, the rights of all NJ gun owners are infringed upon daily. I can only carry while working, not concealed. 7 round capacity is all I am allowed. Meanwhile, non law abiding individuals carry whatever they want. It’s also unlawful for any LEO to even question an individual regarding their legal status in this state. If it gets much worse here, the whole state will be lost to criminals, both in office and the residents.

      1. Then New Jersians KNOW where your line in the sand is…. Starting with: REMOVING THAT CHUCKLE-HEAD FROM OFFICE! THEN! Get THIS matter taken care of! “New Jersey is one of only six states that does not have a clause in the state Constitution protecting the right to keep and bear arms in some way.”??? WTF have you guys been doing or not doing up there? Get ahold of Gun Owners Of America and The Second Amendment Foundation and GIT ER’ DUN!

        1. @Gregory,
          I wouldn’t be surprised if that is all because of that Khazarian Mafia Capo, Sen. Lautenberg, who used to be alive in NJ. I hear it was him who spearheaded the move to get rid of the NJ Militia back in the 80’s or so. With him pushing up daisies, we are still left with WhiningBerg, and BloomingIdiotBerg across the river. Murphy has been completely brainwashed, bribed, and blackmailed by the KM, after years of doing the bidding of Goldman Sachs, with their ripping off of Americas pension accounts by using their HFT (High Frequency Trading), and computerized algorithms that skim the profits on Wall St. Into the coffers of the KM

    29. You keep saying “New Jersey has deep pockets”, which it doesn’t. Our state is broke and it pisses me off that they take my money in taxes to fund bull like this.

        1. nj: consider relocating the capitol from trenton to camden, centralize criminal activity – good for ideological identity & cultural enrichment, don’t you know.

      1. @Jay, What is the source of that Ass__ole in General’s election? What is the source of his citizenship? If there is an untruth, no matter how small, in any of his immigration petitions his citizenship can be rescinded by CIS.

    30. Every big mouth politician that asks for more gun laws should be removed from office by the American people at once. They are traitors to the constitution and want Americans disarmed so they can take away all your rights and enslave you. This is why we were given the 2nd Amendment in the first place, to defend against a tyrannical government…in this case a tyrannical party known as Democrats. Throw them out and stand up for your gun rights.

      1. Send Grewal on a one way flight back to India. Courtesy NJ gun owners. Then lets do the same with Murphy. I don’t know where to send him just out of USA. Then all you lazy ass conservatives that haven’t voted for a long time. Get off your ass and vote so we can get rid of these anti-constitutional anti-american mentally deranged democrats ONCE AND FOR ALL!!! Maybe if we unite we might even turn NJ red again. Wouldn’t that be nice!!!

        1. So what mentally deranged people do you wan to replace the mentally deranged democrats with? ANYONE who wants to RULE over his fellow human beings is mentally deranged. That’s why very very few NORMAL people want the “job”. People like Rand Paul are few and far between. It has to be very taxing to him to have to continually be around psychopathic personalities and deal with them on a daily basis.

        2. MARK, you hit the problem square in the Bulls Eye!! Come on,, Get off of your LaZY Asses and VOTE !! When you go to the voting booth,,, take someone with you!! This is Not Rocket Science!! Apathy is our Killer here!!

      2. WE are already slaves. Armed slaves. Fact is people are waking up to the fact and it’s ticking them off. And the psycho powers that be are realizing that their days are numbered because there will be a critical mass reached and then politicians will be tarred and feathered and run out of town or WORSE. Or should I say BETTER?

      1. I AGREE! All of these SO-CALLED “representative” individuals themselves should be required to FOOT THE BILL when their RIDICULOUS “law suits FAIL or are THROWN OUT”!!!!!!!!!!!!

      1. They can ignore this one, as the local superior court have no jurisdictioinoutside their state. READ the Constitiution, Art 3, Par 2. In all matters between a state and citizens of another state the FEDERAL courts have jurisdictioin, no state court does.

        I’d simply have the company lawyer draft a notice that the court where this nonsense is filed has no jurisdiction over a California corporation. Thus the named respondend need not respond. What, will Grewall the Screwall hop on a plane dirk hidden in his headrag, fly out to where Patriot have their facility, arrest the CEO and drag him back to NJ? That would be a federal interstate kidnapping case.

        Its obvious this Grewall critter does NOT know US law. Maybe he thinks he is still India and thus can do thing their way.

        Newsflash… he swore an oath when he took that positioin as AtG. He declared he would uphold, defend, and act according to, the Constitutions of both the US and NJ. In this lawsuit he violates multiple parts of the COnstittuoin of the US… Second, first, amendments, 1st and 3rd Articles, the interstate commerce clause, the Lwful commerce in Arms Act, and likely a few others I don’t remember just now.

        File charges for felony perjury for violating his oath of office, then attach his personal bond for a few $Mn. He cannot practice law until that is dealt with. File formal complaint against him in his state Bar associaotion, and sue him personally and in his official capacity for damages caused by his frivolous lawsuit, but do that in a FEDERAL court, as he has not done.

      1. there you are again, looking for another sucker for that d of yours. Give it a rest. One would think you ARE a d, not just that you have one.

        1. trying hard to find a more insulting description for assaulters of the constitution, have not found one yet. i have a d, guess i am also a d. thnx for input.

    31. File a motion for summary judgment and dismissal with prejudice. They were selling a product that is not federally prohibited. Sorry New Jersey, According to the constitution the Federal government has power to regulate commerce.

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