FOLLOW US

Tue

August 3, 2026

America June 5, 2024 4 mins read

Gun Kit Makers Seek Second Circuit Ruling on ‘Firearms’ Definition and Immunity

America ı By Rochdi Rais

0 Comments

Gun Kit Makers Seek Second Circuit Ruling

A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered "firearms" and if they are entitled to immunity under federal firearms law.

In a petition filed Monday, the companies said a decision by the Second Circuit on those questions would substantially advance the litigation because a ruling in the companies' favor would cut down, if not eliminate, the claims in the suit filed by Attorney General Letitia James.

According to the petition, the circuit judges don't need to weigh into the facts and allegations of the case, as both are questions of law that can be decided on the text of New York's gun laws and the Protection of Lawful Commerce in Arms Act, or PLCAA.

The companies told the circuit court that the district court has already agreed that the question of whether their products are considered "firearms" is worth certifying to the Second Circuit and that it is a controlling question of law as the suit is based entirely on the idea that the parts kits are considered "firearms."

In addition, there is not only room for disagreement on the issue, but actual disagreement as the Fifth Circuit has found the opposite in VanDerStok v. Garland, finding that the products are not considered "firearms" under the Gun Control Act, according to the petition.

James' case began two years ago against the gun distributors, alleging that their actions resulted in an influx of ghost guns hitting New York and that violent crimes involving ghost guns have continued since she filed her suit.

In March 2023, U.S. District Judge Jesse M. Furman accepted the parties' agreement in which the defendants agreed to stop selling firearm parts that could be made into untraceable ghost guns, and in February Judge Furman largely denied the companies' bid to dismiss the suit, tossing only the state's negligence per se claim.

In Monday's petition, the companies further argued that the Second Circuit should take up their appeal of the district court's denial of their immunity under the PLCAA, saying a resolution here would free seven of the nine defendant companies from the litigation.

The Second Circuit should decide whether the district court was correct in finding that PLCAA immunity applies only where a third party's unlawful use of a firearm is the "sole" cause of the harm and argued that the act's exceptions allowing for negligence claims indicate that firearms makers should be otherwise immune.

Representatives for the companies and the New York attorney general could not immediately be reached for comment Tuesday.

Arm or Ally LLC is represented by Steven Jay Harfenist of Harfenist Kraut & Perlstein LLP.

Blackhawk Manufacturing Group Inc. is represented by Scott Charles Allan of Renzulli Law Firm LLP.

Brownells Inc., Salvo Technologies Inc., Primary Arms LLC and Rock Slide USA LLC are represented by Jonathan Y. Ellis of McGuireWoods LLP and David H. Thompson, Brian W. Barnes and Athanasia O. Livas of Cooper & Kirk PLLC.

KM Tactical is represented by Ryan Lawrence Erdreich and Richard Frederick Brueckner Jr. of Pisciotti Lallis Erdreich, Jason Cowley and Tobias Jacob Fischer of McGuireWoods LLP and Jean Paul Bradshaw II and Shoshanah Mae Shanes of Lathrop GPM LLP.

Rainier Arms LLC is represented by Christopher Adams and Jessica Maria Carroll of Greenbaum Rowe Smith & Davis.

Counsel information for the New York Attorney General's Office was not available Tuesday.

The case is The People of the State of New York v. Arm or Ally LLC et al., case number 24-1497, in the U.S. Court of Appeals for the Second Circuit.

Previous Article

Georgia Appeals Court Affirms Dismissal in Anesthesiology Negligence Case

Read More
2760 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Mail Carrier Accused of Pocketing Stranger’s $2,600 Jackpot
By – Rihem Akkouche
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
California, Arizona, Nevada would face Colorado…

The Colorado River has been running low for years, and…

By – Rihem Akkouche
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter