NY State Sends Cease and Desist Orders to Sites Selling 80% Lower Receivers

New York State Sends Cease And Desist Orders To Sites Selling 80% Lower Receivers
New York State Sends Cease And Desist Orders To Sites Selling 80% Lower Receivers

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 CrumpJohn 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.

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tomcatWillTheRevelatorFinnkyWild Bill Recent comment authors
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tomcat
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tomcat

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.

The other Jim
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The other Jim

@ 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 »

Will
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Will

GOA will get the bump stock ban reversed soon !

Laddyboy
Member
Laddyboy

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!!!!!!!!!!!

Lee
Member
Lee

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.

John Dow
Member
John Dow

Stop selling beer and soda in aluminum cans – they can be melted down to make a lower. https://youtu.be/SK3FKv-WwR8

Tionico
Member
Tionico

I met some young kids, high school age, who collect all the spent brass they can, smelt it down, cast it into blanks, then machine lower receivers out of them.
I suppose someone could do the same thing with the spent steel casings from the cheap milsurp 7.62 x 30 and/or 54 rounds…..

for that matter, the steel or aluminium from old car wheels would serve the same end.

Eedjits abound in government, ¿no?

xring2245
Member
xring2245

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?

Laddyboy
Member
Laddyboy

@xring2245: Your comment reminds me of another INSTITUTIONS advancement regimen.
“One is advanced to the HIGHEST level of INEPTITUDE that can be ENDURED.”

Finnky
Member
Finnky

Isn’t that “the Peter principle? All managers advance to their level of incompetence.

Some guy
Member
Some guy

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…..

TheRevelator
Member
TheRevelator

@Someguy

My thoughts exactly. I own an AR for that very reason, plus the ammunition and parts from military and law enforcement weapons can be scavenged to keep them running.

I’m not an AR guy though, or an AK guy. I’m an M1A fan 🙂 But I do recognize what makes the AR ubiquitous and the quintessential Militia rifle.

nrringlee
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nrringlee

Ex Post Facto, anyone?

TheRevelator
Member
TheRevelator

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 »

Some guy
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Some guy

Everyone needs to write or call the attorney general’s office in Washington and ask Barr how this lunatic is allowed to do this….

Sisu
Member
Sisu

It would be “nice” if the NRA-ILA offered the form of such letter and used their system to route the same as a copy to each signer’s/member’s senators and representative, and the White House.

Sisu
Member
Sisu

NewYorkStateofPolitics.com is where I first learned about this “overreach” by the NYS AG. Shortly thereafter I sent an email to both the NRA (based on experience, I hoped Tom King, NYSRPA and NRA Board Member would be more responsive to notice from the NRA than me) with links to the article and source materials on AG’s website. Of course I want to believe that I was not the source of this news. I asked two questions: “What is the NRA-ILA and NRA response to this “illegal” overreach / preemption of Federal law regarding the manufacture for one’s own use ?… Read more »

TheRevelator
Member
TheRevelator

@Sisu Tom King is about as yellow as they come. He is part of the crowd that circled the wagons around “Dear Leader” Lapierre when the full weight of evidence hit showing the theft of organization funds. Mr. King is about as worthless as a toilet that cannot flush, and smells like one too since he is in bed with the corruption there. Unfortunately, the NRA and its sub groups are not much better. They play the optics game, and many of us here have been documenting the decades long list of betrayals they have committed against gun owners and… Read more »

Oldvet
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Oldvet

@REV… Thanks you answered my question .

TheRevelator
Member
TheRevelator

@Oldvet

Glad to be of assistance.

Sisu
Member
Sisu

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”.

Some guy
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Some guy

Trump is NOT our friend. Never has been. And the worst part is, he is convinced we will turn out for him just because, well, reasons I guess….

xring2245
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xring2245

We are going to have to support the President. Do you want a Kamala Harris or Bozo O’Rourke as president?

Wild Bill
Member
Wild Bill

@Ring, but in the mean time, can’t we have a little fun making him think that he is losing our support?

TheRevelator
Member
TheRevelator

@xring2245

I didn’t vote for him last time, and if he is a threat to my rights I wont vote for him this time.

Better to have an known enemy that everyone will be dead set against and willing to fight without hesitation than an enemy that fools half our number into thinking he is a friend before plunging the knife into our backs. If you disagree with that then you go vote for him and bear responsibility for any treason he commits yourself, because I won’t.

Vanns40
Member
Vanns40

I’ve been harping on the “Trump is anti-gun” theme since six months after he was elected when he showed his true colors and said “National Reciprocity is dead”. It all went down hill from there. He’s been the most anti-gun President, in word and deed, that we’ve had in the past 20 years. That said, we, gun owners, could have nipped it in the bud, if we’d simply, en masse, told him STOP NOW or you won’t get our votes next time around. Did we? Nope, we sat on our collective asses saying “you’re so great, we love you”, and… Read more »

Wild Bill
Member
Wild Bill

@Rev, Yes, that is the key make him “think” that he can lose our support!
Write, call, email. Make him think that each of us are ten of us!

Oldvet
Member
Oldvet

Sisu why not get GOA in on it along with any of the other pro gun groups . Hit them from many points so to speak.

Greg K
Member
Greg K

“Holy Bill of Attainder BATFman.”