Syracuse, NY--(Ammoland.com)- New York Attorney General Letitia James sent a cease and desist order to 16 different websites selling 80% lower receivers and part kits.
“Your website offers unfinished lower receivers that require simple milling in order to manufacture unregistered and un-serialized assault weapons, despite the fact that such manufacture and possession are illegal in New York,” the order reads. “Nor does your website adequately warn New York consumers that using these products in the manner for which they are intended and advertised could result in imprisonment and/or fines.”
The anti-gun Attorney General is not releasing the names of the websites selling the parts for fear of driving traffic to their sites. One site targeted by James is 80-lower.com. AmmoLand was able to identify the site by a screenshot of the “No FFL Required” thumbnail included in the Attorney General’s press release.
Buying and building an AR-15 from an 80% lower receiver is legal in New York state if it complies with the SAFE Act of 2013. The New York law bans semi-automatic rifles with detachable magazines and one additional listed of cosmetic features. The websites in question are not breaking any state or federal laws.
In a statement released to AmmoLand by80-lower.com verified that they were one of the sites targeted and said they were surprised by the order.
“We were taken aback by AG James’ cease-and-desist order and the language used in it,” the statement read. “Just as we’ve maintained since our founding, none of the products we sell are legally considered firearms by any state or federal law. More importantly, buying one of our products – in this case, an 80% lower receiver, officially called a receiver blank by the Bureau of Alcohol, Tobacco, and Firearms – and turning it into a firearm does not in any way constitute the making of an assault weapon.”
Gun owners worry that if the Attorney General is successful in enforcing this cease and desist order that it will embolden her to pursue action against other sites. They fear she will target other sites selling non-regulated gun parts such as lower parts kits.
Gun rights activist see the AG’s move as an attempt at more gun control. Gun Owners of America’s Director of Communications Jordan Stein echoed this sentiment to AmmoLand.
“This is yet another gun control move that will be laughed at by criminals while trampling the rights of honest New Yorkers,” Stein told AmmoLand. “Furthermore, it is quite concerning that a state Attorney General is bullying companies in this manner.”
James insists that online retailers are unlawfully promoting the possession of illegal firearms because buyers can use the parts to assemble banned guns. She accuses the companies of fraudulent and deceptive trade practices. James does not address the fact that the parts can also be used to assemble firearms that are perfectly legal in New York.
According to the Democrat, these websites are not doing enough to warn citizens of New York State that certain modern sporting rifles are illegal under state law.
Under the order, the targeted companies have five days to show James why she should not take “an enforcement action” against their site. The Attorney General’s office will be the sole decider if the companies have done enough not to be targeted.
If the targeted sites refuse to stop advertising and selling 80% lower receivers, the parts, and jigs within five days then the James will start fining the companies $5000 for each violation of the cease and desist order. It isn’t clear what legal authority that the AG has to levy fines against companies for selling and advertising legal products.
The letter requires the companies to keep all record of sales of the items in question. The AG does not want the companies to delete any customer information including names, addresses, and purchase history. This stipulation is presumably to allow New York State to track down people in the state that have purchased items from the sites.
State lawmakers have introduced legislation to ban the sale 80% lowers and manufacturing of unserialized firearms. The New York legislature cannot vote on the bill until January 2020. The law is expected to pass.
Guns rights activist sees James’s requirement that these companies keep all data of who purchased items as a way of preventing the companies from wiping the information from their servers before the new law is passed. New York State could then use that information to confiscate the firearms from people who purchased the parts.
The New York Attorney General’s office did not respond to AmmoLand’s request for comment.
About John Crump
John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.
Two thoughts come to mind…. First, this is where the AR shines. The shows are awash in 80% blanks you can buy cash on the barrelhead…..AKs, not so much. Second, if you are not preparing for the coming civil war, you are an idiot…..
I suppose that they must also block sales of steel and aluminum ingots since, with some machining they can be used to manufacture firearms. Idiots.
New York Attorney General Letitia James???? Not only a political hack and someone unqualified to hold her position, she now is running and hiding after issuing her ridiculous decree. What would one expect from Cuomo’s administration, but brutal insignificance?
In agreement with Sisu. Though I must add, since when does New York as a state have the authority to usurp interstate commerce clauses under the constitution which prohibit states from managing companies outside the state not to mention fining them for conducting lawful business? In addition to that, since authority is PROHIBBITED from the individual states and is Federal jurisdiction that is a violation of the 10th Amendment as well which delineates the authorities prescribed to the Federal Gov’t from those prescribed to the states, and orders both to be hands off on all others as being rights of… Read more »
If these companies are not located in nasty York I don’t think she has a dog in this fight. If I remember correctly, the table cloth headed AG from NJ tried this but I don’t know what the outcome was. It seems democrats can bend the laws to suit themselves so maybe she will prevail.
I expect no GUN-GRABBING COMMUNIST to respond to ANY questions put forward to them. To these COMMUNISTIC CONTROLLERS YOU DUTY IS: DO AS I SAY, – – NOT – – WHAT I DO!!! I as your “lord and MASTER” will TELL you what you can and cannot have. I as your MASSA’ WILL state what you may or may not own – – even WHEN I am breaking Constitutional LAW!!!! YOU WILL OBEY – – or I WILL SICK THE (MY) “LAW” sycophants ON YOU!!!!!! I DONA’ CARE WHAT THE CONSTITUTIONAL REAFFIRMED INALIENABLE RIGHTS SAYS YOU CAN DO!!!!!!!!!!!
Waiting to hear a response from NRA and/or NYSRPA; at a minimum they might file a FOIA Request to find out which 16 retailers were the recipients. … Be nice to hear from Trump given he’s from NY, but expect his (?) choice for ATF Director tells us where he stands despite his stated “support for the 2nd Amendment”. I’d prefer to hear him acknowledge that he understands the 2nd Amendment is an “absolute restriction” on the government and not a “right”.
@ Vanns40 yes Trump is weak on the 2nd. Amendment; he only used that part of his base to get elected and now re-elected. Reciprocity, the Silencer Bill, “take their guns due process later Mike”, bump stocks administratively banned, and now enhanced background checks of a kind unknown. Instead in earnest with true sincerity he should address the country and ask all law abiding citizens with permits to carry their guns so if another mentally disturbed video game burn out takes his semi-auto to crowded environment to open up, they can help saves lives. Looks like this is going to… Read more »
Ex Post Facto, anyone?
“Holy Bill of Attainder BATFman.”