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.
