Microsoft Word - Verified Complaint US Patriot Armory FINAL

GURBIR S. GREWAL

ATTORNEY GENERAL OF NEW JERSEY

Division of Law

124 Halsey Street – Fifth Floor

P.O. Box 45029

Newark, New Jersey 07101

Attorney for Plaintiffs

By: Lorraine K. Rak (035771985)

Counsel for Affirmative Civil Enforcement

Jesse J. Sierant (049342013)

Deputy Attorney General

(973) 648-4802

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION, ESSEX COUNTY

DOCKET NO._____________________

GURBIR S. GREWAL, Attorney

General of the State of New

Jersey, and PAUL R. RODRÍGUEZ,

Acting Director of the New Jersey

Division of Consumer Affairs,

Plaintiffs,

JAMES TROMBLEE, JR. d/b/a U.S.

PATRIOT ARMORY, JANE and JOHN

DOES 1-20, individually an

owners, officers, directors,

shareholders, founders, members,

managers, agents, servants,

employees, representatives and/or

independent contractors of U.S.

PATRIOT ARMORY, and XYZ

CORPORATIONS 1-20,

Defendant.

Civil Action

VERIFIED COMPLAINT

Plaintiffs Gurbir S. Grewal, Attorney General of the State of

New Jersey (“Attorney General”), with offices located at 124 Halsey

Street, Fifth Floor, Newark, New Jersey 07102, and Paul R.

Rodríguez, Acting Director of the New Jersey Division of Consumer

Affairs (“Director”), with offices located at 124 Halsey Street,

Seventh Floor, Newark, New Jersey 07102, by way of this Verified

Complaint state:

PRELIMINARY STATEMENT

1. In New Jersey and across the United States, the scourge

of gun violence has devastated communities. With the specter of

mass shootings looming over schools, places of worship, and other

public spaces, the need to promote both public safety and law

enforcement safety has never been more urgent. But a group of

companies, the makers and sellers of “ghost guns,” thought they

had found a way around federal and state firearms laws. These

companies sell near-complete firearms along with the remaining

parts necessary to make fully operational guns, and often even

provide instructions to buyers on how to complete them. But

because “ghost guns” are incomplete at the moment of sale, these

companies did not put buyers through background checks. Without

background checks, prohibited persons - like terrorists, felons,

and domestic abusers – can buy the kits and build their weapons.

Still more, the completed “ghost guns” lack serial numbers, making

it harder for law enforcement to trace the guns to their owners

and solve gun-related crimes. “Ghost guns” thus threaten both

public safety and law enforcement safety.

2. To protect residents and law enforcement officers from

untraceable firearms, on November 8, 2018, New Jersey’s Governor

signed into law a ban on the purchase of “ghost guns,” effective

immediately. The law makes it a third-degree crime to purchase

firearm parts with the purpose of manufacturing a firearm without

a serial number. Despite the new law, defendant James Tromblee,

Jr. d/b/a U.S. Patriot Armory (“Tromblee” or “Defendant”) has

engaged in the online advertisement, offer for sale, and/or sale

of “ghost guns” to New Jersey residents, including kits and parts

for AR-15 assault rifles, without informing customers that his

product is illegal in New Jersey. Defendant failed to inform New

Jersey residents of the consequences of possessing “ghost guns,”

and affirmatively misrepresented that his product is legal.

Defendant stated about one of his “ghost gun” products, “Is it

legal?: YES!,” and stated he could ship another “right to your

front door with no [Federal Firearms License] required.” Worse

still, Defendant has continued to do so despite receiving a letter

from the Attorney General demanding that he cease such activity.

3. By advertising, marketing, offering for sale, and/or

selling “ghost guns” and “ghost gun” parts to New Jersey residents,

Defendant has committed multiple violations of the New Jersey

Consumer Fraud Act, N.J.S.A. 56:8-1 to -210 (“CFA”), the Rules

Concerning Hazardous Products, N.J.A.C. 13:45A-4.1 to -4.3

(“Hazardous Products Regulations”), and the Regulations Governing

General Advertising Practices, N.J.A.C. 13:45A-9.1 to -9.8

(“Advertising Regulations”). Accordingly, the Attorney General

and Director submit this Verified Complaint in connection with an

Order to Show Cause with Temporary Restraints seeking, among other

things, to halt Defendant’s advertisement, offer for sale, and/or

sale of “ghost gun” and “ghost gun” parts to New Jersey residents.

Such immediate relief is necessary to preserve New Jersey’s firearm

safety laws, and to protect State residents from gun violence and

potential criminal liability.

JURISDICTION AND PARTIES

4. The Attorney General is charged with enforcing the CFA

and all regulations promulgated thereunder, including the

Hazardous Products Regulations and the Advertising Regulations.

The Director is charged with administering the CFA, the Hazardous

Products Regulations, and the Advertising Regulations on behalf of

the Attorney General.

5. By this action, the Attorney General and the Director

(collectively, “Plaintiffs”) seek injunctive and other relief for

violations of the CFA, the Hazardous Products Regulations, and the

Advertising Regulations. Plaintiffs bring this action pursuant

to their authority under the CFA, specifically N.J.S.A. 56:8-8,

56:8-11, 56:8-13, and 56:8-19, and the New Jersey Rules Governing

Civil Practice, specifically R. 4:52. Venue is proper in Essex

County, pursuant to R. 4:3-2, because it is a county in which at

least one of the parties resides and/or in which the cause of

action arose.

6. At all relevant times, Tromblee has maintained a mailing

address of 19261 Shoshonee Road, Apple Valley, California 92308.

7. Upon information and belief, Tromblee began operating

U.S. Patriot Armory on April 25, 2014. At all relevant times,

U.S. Patriot Armory has maintained a business address of 13631

Pawnee Road, Suite #1, Apple Valley, California 92308, and a

mailing address of 20258 Highway 18, Suite 430-467, Apple Valley,

California 92307.

8. John and Jane Does 1 through 20 are fictitious

individuals meant to represent the owners, officers, directors,

shareholders, founders, members, managers, agents, servants,

employees, representatives, and/or independent contractors of U.S.

Patriot Armory who have been involved in the conduct that gives

rise to this Verified Complaint, but who are currently unknown to

the Plaintiffs. As these defendants are identified, Plaintiffs

shall amend the Verified Complaint to include them.

9. XYZ Corporations 1 through 20 are fictitious

corporations meant to represent any corporations that have been

involved in the conduct that gives rise to this Verified Complaint,

but that are currently unknown to the Plaintiffs. As these

defendants are identified, Plaintiffs shall amend the Verified

Complaint to include them.

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

A. Defendant’s Advertisement, Offer for Sale, and/or Sale of

“Ghost Guns” Through Defendant’s Website:

10. At all relevant times, Defendant has advertised, offered

for sale, and/or sold “ghost guns” and/or “ghost gun” parts to

residents of New Jersey and elsewhere through the website located

at www.USPatriotArmory.com (“Defendant’s Website”). Defendant has

also included statements on Defendant’s Website indicating such

products are legal, without mentioning New Jersey’s law.

Defendant’s Products:

11. At least as of February 15, 2019, the home page of

Defendant’s Website (“Defendant’s Home Page”) contains a rotating

banner referencing “Glock 80% Build Kits,” “1911 Custom Build

Kits,” and “AR-9 AR-15 AR-10 .458 SOCOM COMPLETE CUSTOM UPPER

BUILDS.” The initial portion of the banner appears as follows:

12. Among other things, Defendant’s Home Page advertises

“complete kits,” “upper receivers,” “lower parts & kits,” and “80%

frames & jigs” for “1911,” “Glock,” “AR-15,” and “AR-10” firearm

models.

13. The merchandise Defendant’s Website advertises and

offers for sale includes AR-15 Rifle Kits, such as the: (a)

“Patriot Storm AR-15 5.56 12” M-Lock Rifle Kit with Flip Up Sights,

BCG & CH”; (b) “A-Salt 5.56 AR-15 Rifle Kit Inc. DPMS LPK”; (c)

“Jigsaw Pro. AR-15 5.56 1/8 Twist 15” Quad Rail Rifle Kit, Comes

With Flip-Up Sights, BCG & Charging Handle”; (d) “AR-15 18”

Stainless Steel Barrel 15” Keymod Rail Complete Rifle Build Kit”;

and (e) “AR-15” A2-Style Prifile [sic] 7.62X39 M4 Rifle Kit (Lower

Not Included).”

14. Defendant’s Website depicts the “Patriot Storm AR-15

5.56 12” M-Lock Rifle Kit” as follows:

15. Defendant’s Website depicts the “Jigsaw Pro. AR-15 5.56

1/8 Twist 15” Quad Rail Rifle Kit” as follows:

16. As to the “AR-15 18” Stainless Steel Barrel 15” Keymod

Rail Complete Rifle Build Kit,” Defendant’s Website states that

“[T]his is a complete Rile [sic] kit for a basic functioning AR-

15 rifle” (emphasis added), and depicts the kit as follows:

17. The AR-15 80 percent lower firearm receivers offered

for sale on Defendant’s Website include the following: (a) “AR-

15 Black Anodized Forged 5.56/.223/80% Lower Receiver;” (b)

“Polymer80 G-150 80% Lower with Jig System” (“Polymer80 Phoenix2

Lower”); and (c) “Forged 80% AR15 223 Lower Receiver.”

18. Defendant’s Website depicts the “AR-15 Black Anodized

Forged 5.56/.223/80% Lower Receiver” as follows:

19. Defendant’s Website depicts the “Polymer80 Phoenix2

Lower” as follows:

20. Defendant’s Website describes the “Polymer80 Phoenix2

Lower” as “a complete kit. There are NO expensive jig kits or

parts to purchase – our system is a COMPLETE, all inclusive package

in one price!” (Emphasis added.) Defendant’s Website also states

that “[t]he jig is included in the price of this system. Our kit

comes with the drill bits and end mill required to complete your

AR project the right way.” (Emphasis added.)

Defendant’s Statements:

21. Defendant’s Website provides the parts list for the

“Polymer80 Phoenix2 Lower” and goes on to state: “Is it legal?:

YES! The Polymer80 G150 Phoenix2 unit is well within the defined

parameters of a ‘receiver blank’ defined by the ATF and therefore

has not yet reached a stage of manufacture that meets the

definition of firearm frame or receiver found in the Gun Control

Act of 1968 (GCA).” (Emphasis added.) Defendant’s Website

includes similar statements with the description of other “ghost

gun” components, including the “Polymer80, 308 80% Lower Receiver

and Jig System – Flat Dark Earth.”

22. Defendant’s Website also advertises and offers for sale

a “New Frontier Armory 80% C-9 Billet Lower Receiver Build Kit,”

which it depicts as follows:

23. Defendant’s Website includes the specifications of the

“New Frontier Armory 80% C-9 Billet Lower Receiver Build Kit” which

conclude with the following statement: “Save money by building

your own AR-9 rifle from the ground up exactly the way you want it

configured and shoot for less!” Defendant’s Website includes a

similar statement with the description of other “ghost gun”

components, including the “80% C-9 Billet Lower Receiver – Glock

Style Mags.”

24. Defendant’s Website further advertises and offers for

sale the “Juggernaut Tactical AR-15 80% Lower Receiver Billet,”

which it depicts as follows:

25. Defendant’s Website includes a description of the

“Juggernaut Tactical Ar-15 80% Lower Receiver Billet,” as follows:

26. As to the “Juggernaut Tactical Ar-15 80% Lower Receiver

Billet,” Defendant’s Website concludes: “If you would like to

finish your JT-15 80% Lower at home, we offer a jig kit here.

Because 80% Lowers are not considered firearms by [the Bureau of

Alcohol, Tobacco, Firearms and Explosives], we can ship them right

to your front door with no [Federal Firearms License] required…

but finished rifles must meet all applicable laws and you must be

able to legally own a firearm. Compliance with all laws is YOUR

responsibility.” (Emphasis added.)

27. Defendant’s Website also offers for sale complete glock

pistol kits which include the following: (a) “Complete 80% Glock

17 Gen3 Full Build Kit;” (b) “80% Vortex Viper Glock 19 Compact

Gen3 Full Build Kit With Trijion Suppressor Night Sights;” and (c)

“G26 80% Complete Build Kit.”

28. Defendant’s Website depicts the “G26 80% Complete Build

Kit” as follows:

29. Defendant’s Website contains a description of the “G26

80% Complete Build Kit” that includes the following:

No [Federal Firearms License] is required to

purchase this 80% Glock 19 build kit. This 80%

Glock 26 build kit is not considered a firearm[.]

1. This is not [a Federal Firearms License] item

due [to] the machining required to finish the

product. Under [the Bureau of Alcohol, Tobacco,

Firearms and Explosives] this is not a firearm.

Operations left to be performed are:

 Cutting of the rails

 Cutting of the barrel seat

 Drilling of the 3 pin holes

[Emphasis added.]

30. Defendant’s Website does not include any statements

restricting and/or prohibiting the sale and/or shipment of “ghost

guns” and/or “ghost gun” parts to New Jersey residents.

31. Defendant’s Website includes a “Terms & Conditions” page

(“Defendant’s Terms & Conditions Page”) that states, “[y]ou have

familiarized yourself with the laws of your state governing the

purchase and sale of firearms and firearms accessories. It is

your responsibility to be familiar with their own local and state

firearm related laws, restrictions and ownership requirements.”

32. Defendant’s Website does not include any statement that

New Jersey law makes it a third-degree crime, punishable by fines

of up to $15,000 and imprisonment of up to five years, to purchase

firearm parts with the purpose to manufacture a firearm without a

serial number. N.J.S.A. 2C:39-9(k); N.J.S.A. 2C:43-3(b)(1);

N.J.S.A. 2C:43-6(a)(3).

33. Defendant’s Website does not include any statement that

the possession of an unregistered assault firearm is a second-

degree crime in New Jersey, punishable by fines of up to $150,000

and a term of imprisonment from five to ten years. N.J.S.A. 2C:39-

5(f); N.J.S.A. 2C:43-3(a)(2); N.J.S.A. 2C:43-6(a)(2).

B. New Jersey’s Firearm Safety Laws:

34. N.J.S.A. 2C:39-1 to -20 regulates the possession, sale,

manufacture, and transport of firearms in New Jersey.

35. New Jersey amended its firearms laws, effective November

8, 2018, to prohibit the purchase of firearm parts to manufacture

a firearm without a serial number, i.e. a “ghost gun.” N.J.S.A.

2C:39-9(k). The law specifically provides, in pertinent part:

In addition to any other criminal penalties provided

under law, a person who, with the purpose to manufacture

or otherwise assemble a firearm and without being

registered or licensed do so as provided in chapter 58

of Title 2C of the New Jersey Statutes, purchases or

otherwise obtains separately or as part of a kit a

firearm frame or firearm receiver which is not imprinted

with a serial number registered with a federally

licensed manufacturer or any combination of parts from

which a firearm without a serial number may be readily

manufactured or otherwise assembled, but which does not

have the capacity to function as a firearm unless

manufactured or otherwise assembled is guilty of a crime

of the third degree.

[N.J.S.A. 2C:39-9(k) (emphasis added).]

36. As used in N.J.S.A. 2C:39-9(k), a “firearm frame or

firearm receiver” means:

the part of a firearm that provides housing for the

firearm’s internal components, such as the hammer, bolt

or breechblock, action, and firing mechanism, and

includes without limitation any object or part which is

not a firearm frame or receiver in finished form but is

designed or intended to be used for that purpose and

which may readily be made into a firearm frame or

receiver through milling or other means.

[Ibid.]

37. Under New Jersey law, the purchase of a “ghost gun” or

“ghost gun” parts with the purpose to manufacture an unserialized

firearm is a third degree crime, punishable by fines of up to

$15,000, and by a term of imprisonment ranging from three to five

years. N.J.S.A. 2C:43-3(b)(1); N.J.S.A. 2C:43-6(a)(3).

38. With respect to “assault firearms,” New Jersey law

defines the term expansively, encompassing not only specific

firearm types – such as the “Colt AR-15 and CAR-15 series” – but

also “[a]ny firearm manufactured under any designation which is

substantially identical to any of the [enumerated] firearms[,]” as

well as “[a] part or combination of parts designed or intended to

convert a firearm into an assault firearm, or any combination of

parts from which an assault firearm may be readily assembled if

those parts are in the possession or under the control of the same

person.” N.J.S.A. 2C:39-1(w).

39. And under New Jersey law, the possession of an

unregistered assault firearm is a second degree crime, is

punishable by fines of up to $150,000, and by a term of

imprisonment ranging from five to ten years. N.J.S.A. 2C:43-

3(a)(2); N.J.S.A. 2C:43-6(a)(2).

C. Attorney General’s Cease and Desist Letter:

40. By letter dated December 19, 2018, the Attorney General

notified Defendant that Defendant’s Website “advertises, among

other things, complete rifle and hand gun kits and offers

unregistered and unserialized builds and component parts for

purchase without prohibiting shipments to New Jersey, where the

purchase of such firearm parts with the purpose to manufacture a

firearm without a serial number is illegal.”

41. In particular, the Attorney General explained that such

sales into New Jersey violate the CFA, N.J.S.A. 56:8-2, the

Hazardous Products Regulations, N.J.A.C. 13:45A-4.1(b), and the

Advertising Regulations, N.J.A.C. 13:45A-9.2(a)(9).

42. Further, the Attorney General put Defendant on notice

that based upon these legal violations, he may be “subject to civil

penalties of up to $10,000 for the first offense and up to $20,000

for the second and each subsequent offense. N.J.S.A. 56:8-13.”

43. Accordingly, the Attorney General demanded Defendant

“stop advertising, offering for sale, and/or selling ‘ghost guns’

and ‘ghost gun’ parts to New Jersey residents.”

44. Finally, the Attorney General warned Defendant that if

he failed to comply with the demand within thirty (30) days from

the date of the letter, “my Office will initiate legal action.”

45. More than 30 days have passed since the date of the

letter, and Defendant has failed to stop advertising, marketing,

offering for sale, and/or selling “ghost guns” and “ghost gun”

parts to New Jersey residents.

D. Division’s Undercover Purchase of a “Ghost Gun”

from Defendant:

46. On February 14, 2019, using an undercover identity, an

Investigator from the New Jersey Division of Consumer Affairs

(“Division”) accessed Defendant’s Website to make an undercover

purchase of the “AR-15 18” Stainless Steel Barrel 15” Keymod Rail

Complete Rifle Build Kit” (“Kit”). The Kit was described as “a

complete Rile [sic] kit for a basic functioning AR-15 Rifle.”

47. Because the Kit did not include a lower receiver, the

Investigator also purchased an “AR-15 Black Anodized Forged

5.56/.223/ 80% Lower Receiver” (“Lower Receiver”). The

description of the Lower Receiver on Defendant’s Website stated

that “[t]his lower is compatible with the 5D Jig & 80% Arms Easy

Jig.” Therefore, the Investigator located the “5D Tactical 80%

Lower Jig Tool Kit” (“5D Jig”), and added it to the purchase.

48. The order totaled $583.98, which was charged to an

undercover credit card. The Kit, Lower Receiver, and 5D Jig were

to be shipped to an undercover New Jersey address. Defendant

confirmed the order by assigning it order number 000005399. The

confirmation page also stated that Defendant would “email you an

order confirmation with details and tracking info.”

49. On March 14, 2019, the Investigator met with a Sergeant

of the New Jersey Division of Criminal Justice (“DCJ Sergeant”) at

the undercover address to take possession of the delivered order.

The DCJ Sergeant transported the package back to the Division.

50. The shipping box label stated that the package was sent

from “USPA, 13631 Pawnee Rd., Suite #1, Apple Valley CA 92308.”

51. Once at the Division, the DCJ Sergeant opened the package

and the Investigator took photographs of the contents. The

package included all of the items ordered, specifically: (1) “AR-

15 18” Stainless Steel Barrel 15” Keymod Rail Complete Rifle Build

Kit”; (2) “AR-15 Black Anodized Forged 5.56/.223/80% Lower

Receiver”; and (3) “5D Tactical 80% Lower Jig Tool Kit.”

52. The package contents appeared as follows:

53. Once the photographs were taken, the DCJ Sergeant

repackaged the items and retained possession of the package.

COUNT I

VIOLATIONS OF THE CFA BY DEFENDANT

(UNCONSCIONABLE COMMERCIAL PRACTICES AND DECEPTION)

54. Plaintiffs repeat and reallege the allegations contained

in paragraphs 1 through 53 as if more fully set forth herein.

55. The CFA, N.J.S.A. 56:8-2, prohibits:

The act, use or employment by any person of any

unconscionable commercial practice, deception,

fraud, false pretense, false promise,

misrepresentation, or the knowing[] concealment,

suppression, or omission of any material fact with

intent that others rely upon such concealment,

suppression or omission, in connection with the

sale or advertisement of any merchandise . . . ,

whether or not any person has in fact been misled,

deceived or damaged thereby[.]

56. The CFA defines “advertisement” as including “the

attempt directly or indirectly by publication, dissemination,

solicitation, indorsement or circulation or in any other way to

induce directly or indirectly any person to enter or not enter

into any obligation or acquire any title or interest in any

merchandise or to increase the consumption thereof or to make any

loan[.]” N.J.S.A. 56:8-1(a).

57. The CFA defines “sale” as including “any sale, rental or

distribution, offer for sale, rental or distribution or attempt

directly or indirectly to sell, rent or distribute[.]” N.J.S.A.

56:8-1(e).

58. The CFA defines “merchandise” as including “any objects,

wares, goods, commodities, services or anything offered, directly

or indirectly to the public for sale.” N.J.S.A. 56:8-1(c).

59. At all relevant times, Defendant has been engaged in the

advertisement, offering for sale, and sale of merchandise —

specifically “ghost guns” and “ghost gun” parts — within the

meaning of N.J.S.A. 56:8-1(c).

60. New Jersey law makes it a third-degree crime, punishable

by fines and imprisonment, to purchase a “ghost gun” or “ghost

gun” parts with the purpose to manufacture a firearm without a

serial number. N.J.S.A. 2C:39-9(k); N.J.S.A. 2C:43-3(b)(1);

N.J.S.A. 2C:43-6(a)(3).

61. New Jersey law makes it a second-degree crime,

punishable by fines and imprisonment, to possess an unregistered

assault firearm. N.J.S.A. 2C:43-3(a)(2); N.J.S.A. 2C:43-6(a)(2).

62. In advertising, offering for sale, and/or selling

unregistered and unserialized “ghost gun” and “ghost gun” parts to

New Jersey residents, Defendant has engaged in unconscionable

commercial practices, acts of deception, misrepresentations,

and/or knowing omissions of material fact.

63. These unconscionable commercial practices and acts of

deception include, but are not limited to:

a. On Defendant’s Home Page, advertising, offering for

sale, and/or selling unserialized “ghost guns” and

“ghost gun” parts including “complete kits,” “upper

receiver,” “lower parts & kits, “ and “80% frames

& jigs” for “1911,” “Glock,” “AR-15,” and “AR-10”

models, to New Jersey residents, despite that the

purchase of firearm parts with the purpose to

manufacture a firearm without a serial number is a

third-degree crime, punishable by fines of up to

$15,000, and by a term of imprisonment up to five

years;

b. On Defendant’s Home Page, advertising, offering for

sale, and/or selling unregistered “ghost guns” and

“ghost gun” parts, which include assault firearms

and assault firearm parts, including “complete

kits,” “upper receiver,” “lower parts & kits, “ and

“80% frames & jigs” for “AR-15,” and “AR-10”

models, to New Jersey residents, despite that such

merchandise can be used to manufacture an assault

firearm, possession of which is a crime of the

second degree, punishable by fines of up to

$150,000, and a term of imprisonment ranging from

five to ten years;

c. Through Defendant’s Website, advertising, offering

for sale, and/or selling complete rifle kits which

include an “AR-15 18” Stainless Steel Barrel 15”

Keymod Rail Complete Rifle Build Kit,” an “A-Salt

5.56 AR-15 Rifle Kit,” and an “AR-15 16” A2-Style

Prifile [sic] 7.62x39 M4 Rifle Kit,” to New Jersey

residents, when the purchase of such items with the

purpose to manufacture an unserialized or

unregistered assault firearm constitutes a criminal

offense in New Jersey;

d. Through Defendant’s Website, advertising, offering

for sale, and/or selling 80 percent lower receivers

with jig systems to complete ghost gun builds

including the “Polymer80 Phoenix2 Lower,” and the

“AR-15 Black Anodized Forged 5.556/.223/80% Lower

Receiver” to New Jersey residents, when the

purchase of a firearm frame or firearm receiver

without a serial number with the purpose to

manufacture a firearm constitutes a criminal

offense in New Jersey;

e. Including the following statement when advertising,

offering for sale, and/or selling the “Polymer80

Phoenix2 Lower”: “Is it legal?: YES! The

Polymer80 G150 Phoenix2 unit is well within the

defined parameters of a ‘receiver blank’ defined by

[the Bureau of Alcohol, Tobacco, Firearms and

Explosives] and therefore has not yet reached a

stage of manufacture that meets the definition of

firearm frame or receiver found in the Gun Control

Act of 1968 (GCA),” when possession of such items

to manufacture an unserialized firearm constitutes

a criminal offense in New Jersey;

f. Including the following statement when advertising,

offering for sale, and/or selling the “Juggernaut

Tactical AR-15 80% Lower Receiver Billet”: “If you

would like to finish your JT-15 80% lower at home,

we offer a jig kit here. Because 80% Lowers are

not considered firearms by [the Bureau of Alcohol,

Tobacco, Firearms and Explosives], we can ship them

right to your front door with no [Federal Firearms

License] required… but finished rifles must meet

all applicable laws and you must be able to legally

own a firearm,” when possession of such items to

manufacture an unserialized firearm constitutes a

criminal offense in New Jersey;

g. Including the following statement when advertising,

offering for sale, and/or selling the complete

glock pistol kits and component parts, specifically

the “G26 80% Complete Build Kit”: “No [Federal

Firearms License] is required to purchase this 80%

Glock 19 build kit. This 80% Glock 26 build kit

is not considered a firearm… This is not [a Federal

Firearms License] item due [to] the machining

required to finish the product. Under [the Bureau

of Alcohol, Tobacco, Firearms and Explosives] this

is not a firearm,” when possession of such items to

manufacture an unserialized firearm constitutes a

criminal offense in New Jersey;

h. Failing to cease and desist from the advertisement,

offering for sale, and/or sale of “ghost guns” and

“ghost gun” parts to New Jersey residents following

receipt of the Attorney General’s cease and desist

letter; and

i. Selling and delivering an “AR-15 18” Stainless

Steel Barrel 15” Keymod Rail Complete Rifle Build

Kit,” an “AR-15 Black Anodized Forged 5.56/.223/80%

Lower Receiver,” and a “5D Tactical 80% Lower Jig

Tool Kit” to a New Jersey resident when the

possession of such items in New Jersey with the

purpose to manufacture an unserialized firearm is

a criminal offense.

64. Each unconscionable commercial practice and act of

deception constitutes a separate violation under the CFA, N.J.S.A.

56:8-2.

COUNT II

VIOLATIONS OF THE CFA BY DEFENDANT

(MISREPRESENTATIONS AND KNOWING OMISSIONS OF MATERIAL FACT)

65. Plaintiffs repeat and reallege the allegations contained

in paragraphs 1 through 64 as if more fully set forth herein.

66. Defendant’s conduct in violation of the CFA includes,

but is not limited to, the following misrepresentations and knowing

omissions of material fact:

a. Representing on Defendant’s Website under the

description of the “Polymer80 Phoenix2 Lower” and

other “ghost gun” parts: “Is it legal?: YES! The

Polymer80 G150 Phoenix2 unit is well within the

defined parameters of a ‘receiver blank’ defined by

the [the Bureau of Alcohol, Tobacco, Firearms and

Explosives] and therefore has not yet reached a

stage of manufacture that meets the definition of

firearm frame or receiver found in the Gun Control

Act of 1968 (GCA),” when possession of such items

to manufacture an unserialized firearm constitutes

a criminal offense in New Jersey;

b. Representing on Defendant’s Website under the

description of the “Juggernaut Tactical AR-15 80%

Lower Receiver Billet”: “Because 80% Lowers are

not considered firearms by [the Bureau of Alcohol,

Tobacco, Firearms and Explosives], we can ship them

right to your front door with no [Federal Firearms

License] required… but finished rifles must meet

all applicable laws and you must be able to legally

own a firearm,” when possession of such items to

manufacture an unserialized firearm constitutes a

criminal offense in New Jersey;

c. Representing on Defendant’s Website under the

description of the “G26 80% Complete Build Kit”:

“No [Federal Firearms License] is required to

purchase this 80% Glock 19 build kit. This 80%

Glock 26 build kit is not considered a firearm…

This is not [a Federal Firearms License] item due

[to] the machining required to finish the product.

Under [the Bureau of Alcohol, Tobacco, Firearms and

Explosives] this is not a firearm,” when possession

of such items to manufacture an unserialized

firearm constitutes a criminal offense in New

Jersey;

d. Failing to disclose on Defendant’s Website that the

purchase by a New Jersey resident of a “ghost gun”

or “ghost gun” parts with the purpose to

manufacture a firearm without a serial number is a

third-degree crime, punishable by fines of up to

$15,000 and imprisonment of up to five years;

e. Failing to disclose on Defendant’s Website that the

possession of an unregistered assault firearm in

New Jersey constitutes a crime of the second

degree, punishable by fines of up to $150,000 and

imprisonment from five to ten years; and

f. Failing to include in Defendant’s Terms &

Conditions Page a clear and conspicuous prohibition

on the sale of “ghost guns” and “ghost gun” parts

to New Jersey residents.

67. Each misrepresentation and knowing omission of material

fact by Defendant constitutes a separate violation under the CFA,

N.J.S.A. 56:8-2.

COUNT III

VIOLATIONS OF THE HAZARDOUS

PRODUCTS REGULATIONS BY DEFENDANT

68. Plaintiffs repeat and reallege the allegations contained

in paragraphs 1 through 67 above as if more fully set forth herein.

69. The Hazardous Products Regulations, specifically

N.J.A.C. 13:45A-4.1(b), provides:

It shall be an unconscionable practice for any

person, including any business entity, to advertise

or market to, or otherwise solicit the sale from,

a resident of this State, a consumer product that

is illegal to possess or use in this State or a

consumer product that is illegal to possess or use

in this State without a valid permit or license,

where the possession or use, or the possession or

use without a valid permit or license, would

subject the person possessing or using the product

to criminal prosecution, without clearly and

conspicuously disclosing that the product is

illegal to possess or use in this State, or to

possess or use in this State without a valid permit

or license, as the case may be.

70. At all relevant times, Defendant advertised, marketed,

offered for sale, and sold consumer products — specifically “ghost

guns” and “ghost gun” parts — to New Jersey residents within the

meaning of N.J.A.C. 13:45A-4.2.

71. In advertising, marketing, offering for sale, and/or

selling “ghost guns” and “ghost gun” parts to New Jersey residents,

Defendant has violated the Hazardous Products Regulations

including, but not limited to:

a. Failing to clearly and conspicuously disclose on

Defendant’s Website that in New Jersey it is a

third-degree crime, punishable by fines of up to

$15,000 and imprisonment ranging from three to five

years, to purchase firearm parts with the purpose

to manufacture a firearm without a serial number;

and

b. Failing to clearly and conspicuously disclose on

Defendant’s Website that in New Jersey the

possession of an unregistered assault firearm is a

second-degree crime, punishable by fines of up to

$150,000 and imprisonment ranging from five to ten

years.

72. Each violation of the Hazardous Products Regulations by

Defendant constitutes a per se violation of the CFA, N.J.S.A. 56:8-

COUNT IV

VIOLATIONS OF THE ADVERTISING

REGULATIONS BY DEFENDANT

73. Plaintiffs repeat and reallege the allegations contained

in paragraphs 1 through 72 above as if more fully set forth herein.

74. The Advertising Regulations, N.J.A.C. 13:45A-9.1 et

seq., address general advertising practices.

75. Specifically, the Advertising Regulations provide in

pertinent part:

i. Without limiting the application of N.J.S.A. 56:8-

1 et seq., the following practices shall be

unlawful with respect to all advertisements:

. . . .

9. The making of false or misleading

representations of facts concerning the

reasons for, existence or amounts of price

reductions, the nature of an offering or the

quantity of advertised merchandise available

for sale.

[N.J.A.C. 13:45A-9.2(a)(9).]

76. In his advertisement of “ghost guns” and “ghost gun”

parts, Defendant has violated the Advertising Regulations by

engaging in certain conduct including, but not limited to:

a. Advertising the “Polymer80 Phoenix2 Lower” and

other “ghost gun” parts, while stating: “Is it

legal?: YES! The Polymer80 G150 Phoenix2 unit is

well within the defined parameters of a ‘receiver

blank’ defined by the [the Bureau of Alcohol,

Tobacco, Firearms and Explosives] and therefore has

not yet reached a stage of manufacture that meets

the definition of firearm frame or receiver found

in the Gun Control Act of 1968 (GCA),” when

possession of such items to manufacture an

unserialized firearm constitutes a criminal offense

in New Jersey;

b. Advertising “ghost gun” parts, specifically the

“Juggernaut Tactical AR-15 80% Lower Receiver

Billet,” while stating: “Because 80% Lowers are

not considered firearms by [the Bureau of Alcohol,

Tobacco, Firearms and Explosives], we can ship them

right to your front door with no [Federal Firearms

License] required… but finished rifles must meet

all applicable laws and you must be able to legally

own a firearm,” when possession of such items to

manufacture an unserialized firearm constitutes a

criminal offense in New Jersey;

c. Advertising “ghost gun” build kits and “ghost gun”

parts, specifically the “G26 80% Complete Build

Kit” with the statements: “No [Federal Firearms

License] is required to purchase this 80% Glock 19

build kit. This 80% Glock 26 build kit is not

considered a firearm… This is not an [Federal

Firearms License] item due [to] the machining

required to finish the product. Under [the Bureau

of Alcohol, Tobacco, Firearms and Explosives] this

is not a firearm,” when possession of such items to

manufacture an unserialized firearm constitutes a

criminal offense in New Jersey; and

d. Advertising 80 percent lower receivers with jig

systems to complete “ghost gun” builds including

the “Polymer80 Phoenix2 Lower,” while stating:

“Our kit comes with the drill bits and end mill

required to compete your AR project the right way,”

when the purchase of a firearm or firearm receiver

with the purpose to manufacture a firearm without

a serial number constitutes a criminal offense in

New Jersey.

77. Defendant has committed multiple violations of the

Advertising Regulations, each of which constitutes a per se

violation of the CFA, N.J.S.A. 56:8-2.

PRAYER FOR RELIEF

WHEREFORE, based upon the foregoing allegations, Plaintiffs

respectfully request that the Court enter judgment:

(a) Finding that the acts and omissions of Defendant

constitute multiple instances of unlawful practices

in violation of the CFA, N.J.S.A. 56:8-1 to -210,

Hazardous Products Regulations, N.J.A.C. 13:45A-

4.1 to -4.3, and Advertising Regulations, N.J.A.C.

13:45A-9.1 to -9.8;

(b) Permanently enjoining Defendant and any owners,

officers, directors, shareholders, founders,

members, managers, agents, servants, employees,

representatives, independent contractors and all

other persons or entities directly under his

control, from engaging in or continuing to engage

in any acts in violation of the CFA, N.J.S.A. 56:8-

1 to -210, Hazardous Products Regulations, N.J.A.C.

13:45A-4.1 to -4.3, and Advertising Regulations,

N.J.A.C. 13:45A-9.1 to -9.8;

officers, directors, shareholders, founders,

members, managers, agents, servants, employees,

representatives, independent contractors, and all

other persons or entities directly under his

control, from engaging in the activity that is the

subject of Plaintiffs’ request for temporary and

preliminary injunctive relief, as set forth in the

accompanying Order to Show Cause with Temporary

Restraints Pursuant to Rule 4:52;

(d) Ordering Defendant to block the shipping of any

“ghost gun” and/or “ghost gun” parts to any New

Jersey address;

(e) Ordering Defendant to include on the homepage and

the checkout page of Defendant’s Website a clear

and conspicuous statement that, in New Jersey, it

is a third-degree crime, punishable by fines and

imprisonment, to purchase firearm parts with the

purpose to manufacture an unserialized firearm and

that, in New Jersey, it is a second-degree crime,

punishable by fines and imprisonment, to possess an

unregistered assault firearm;

(f) Ordering Defendant to disgorge all funds and

property (real and personal) acquired and/or

retained as a result of any acts or practices in

violation of the CFA, N.J.S.A. 56:8-1 to -210,

Hazardous Products Regulations, N.J.A.C. 13:45A-

4.1 to -4.3, and Advertising Regulations, N.J.A.C.

13:45A-9.1 to -9.8, including, but not limited to,

the acts and practices alleged in this Verified

Complaint;

(g) Directing Defendant to pay the maximum statutory

civil penalties for each and every violation of the

CFA, in accordance with N.J.S.A. 56:8-13;

(h) Directing Defendant to pay costs and fees,

including attorneys’ fees, for the use of the State

of New Jersey, as authorized by the CFA, N.J.S.A.

56:8-11 and N.J.S.A. 56:8-19; and

(i) Granting such other relief as the interests of

justice may require.

Dated:

March

21,

2019

Newark,

New

Jersey

GURBIR

GREWAL

ATTORNEY

GENERAL

NEW

JERSEY

Attorney

for

Plaintiffs

Sierant

puty

Attorney

General

RULE

4:5-1

CERTIFICATION

certify,

the

best

information

and

belief,

that

the

matter

controversy

this

action

involving

the

aforementioned

violations

the

CFA,

N.J.S.A.

56:8-1

-210,

the

Hazardous

Products

Regulations,

N.J.A.C.

13:45A-4.1

-4.3,

and

the

Advertising

Regulations,

N.J.A.C.

13:45A-9.1

-9.8,

not

the

subject

any

other

action

pending

any

other

court

this

State.

further

certify,

the

best

information

and

belief,

that

the

matter

controversy

this

action

not

the

subject

pending

arbitration

proceeding

this

State,

nor

any

other

action

arbitration

proceeding

contemplated.

certify

that

there

other

party

who

should

joined

this

action

this

time.

Dated:

March

21,

2019

Newark,

New

Jersey

GURBIR

GREWAL

ATTORNEY

GENERAL

NEW

JERSEY

Attorney

for

Plaintiffs

.·

Sierant

Attorney

General

RULE

1:38-7(c)

CERTIFICATION

COMPLIANCE

certify

that

confidential

personal

identifiers

have

been

redacted

from

documents

now

submitted

the

court,

and

will

redacted

from

all

documents

submitted

the

future

accordance

with

1:38-7(b).

Dated:

March

21,

2019

Newark,

New

Jersey

GURBIR

GREWAL

ATTORNEY

GENERAL

NEW

JERSEY

Attorney

for

Plaintiffs

By:

---J-e

t----------------

puty

Attorney

General

DESIGNATION

TRIAL

COUNSEL

Pursuant

4:25-4,

Jesse

S-

ierant,

Deputy

Attorney

General,

hereby

designated

trial

counsel

behalf

Plaintiffs.

Dated:

March

21,

2019

Newark,

New

Jersey

GURBIR

GREWAL

ATTORNEY

GENERAL

NEW

JERSEY

Attorney

for

Plaintiffs

VERIFICATION

Aziza

Salikhova,

full

age,

hereby

certifies

follows:

Investigator

with

the

New

Jersey

Division

Consumer

Affairs

("Division"),

Office

Consumer

Protection.

have

read

the

foregoing

Verified

Complaint

and

own

personal

knowledge

and

review

documents

possession

the

Division,

know

that

the

facts

set

forth

herein

are

true

and

they

are

incorporated

this

certification

reference,

except

for

those

alleged

upon

information

and

belief.

certify

that

the

above

statements

made

are

true.

aware

that

any

the

foregoing

statements

made

are

willfully

false,

subject

punishment.

Dated:

March

21,

2019

Newark,

New

Jersey