Attorney General James Sues National Gun Distributors for Fueling Gun Violence Crisis and Endangering New Yorkers

 

AG James’ Comprehensive Lawsuit Alleges 10 Gun Distributors Violated Local, State, and Federal Laws

AG James Invokes Public Nuisance Law for the First Time to Hold Gun Distributors Responsible

Following U.S. Supreme Court’s Decision on New York’s Gun Law, AG James Takes Action to Protect New Yorkers

 New York Attorney General Letitia James today filed a landmark lawsuit against multiple gun distributors for fueling the gun violence crisis and endangering New Yorkers. In her nation-leading lawsuit, Attorney General James alleges that 10 gun distributors sold tens of thousands of illegal, unfinished frames and receivers to New Yorkers that were then converted into unserialized, untraceable handguns and assault-style weapons, known as ghost guns. These gun distributors violated several laws, including New York’s licensing laws, by selling weapons to felons and others without a background check. Attorney General James’ lawsuit stands out by detailing how these businesses repeatedly undermined the law and flooded New York’s streets with illegal ghost guns that harmed New Yorkers. For the first time, Attorney General James is invoking a newly enacted Public Nuisance statute to hold these gun distributors responsible. Following the U.S. Supreme Court’s decision on New York’s gun laws, Attorney General James is taking action to protect New Yorkers and combat the gun violence crisis.

The businesses named in Attorney General James’ lawsuit are among the nation’s leading gun distributors. They include Brownells, Inc. (Brownells), Blackhawk Manufacturing Group (80 Percent Arms), Salvo Technologies, Inc. (80 P Builder or 80P Freedom Co), G.S. Performance, LLC (Glockstore), Indie Guns, LLC (Indie Guns), Primary Arms, LLC (Primary Arms), Arm or Ally, LLC (Arm or Ally), Rainier Arms, LLC (Rainier Arms), KM Tactical LLC, and Rock Slide USA, LLC (Rock Slide).

“While families mourned loved ones lost to senseless gun violence, gun sellers avoided accountability for the illegal and dangerous weapons they sold,” said Attorney General James. “There should be no more immunity for gun distributors bringing harm and havoc to New York. Today’s lawsuit holds 10 gun sellers accountable for fueling the gun violence crisis and endangering New Yorkers. Illegal guns do not belong on our streets or in our communities and we will use every tool necessary to root them out.”

New York City Mayor Eric Adams today simultaneously filed a lawsuit against five of these gun distributors, Arm or Ally, 80P Builder, Rockslide USA, Rainier Arms, and Indie Guns, in federal court.

“We are not going to let gun companies turn New York City into a city of mail-order murder,” said New York City Mayor Eric Adams. “Whether they are hidden in the trunks of cars or packed in a plain brown box, ghost guns are illegal in our city, and we will take every lawful action possible to stop gun retailers from profiting at the expense of the safety of our city. That’s why, this morning, the City of New York filed its own lawsuit against five online gun retailers that are illegally selling and delivering ghost gun components to addresses here in this city. We will not stand by while illegal operators flout the law, endanger our communities, and kill our young people.”

An investigation by the Office of the Attorney General (OAG) linked tens of thousands of shipments to New York addresses to these businesses dating back to 2017. Undercover OAG and New York City investigators were recently able to purchase unfinished frames online from three distributors, who shipped them into New York without serial numbers or a background check. Based on the weight and size of the packages sent to the undercover investigators, OAG has reason to believe tens of thousands of shipments sent by these businesses contain unfinished frames and receivers. Local, state, and federal laws prohibit the sale of unfinished frames and receivers.

New York is grappling with a gun violence public health and safety crisis. A significant part of that crisis is attributable to an influx of homemade, unserialized guns, commonly known as “ghost guns,” which are created using unfinished frames and receivers.

Unfinished frames and receivers do not have serial numbers and can easily be used to make untraceable guns at home using basic tools. Unfinished receivers hold the upper, lower, and rear portions of a semiautomatic rifle together. Purchasers of unfinished receivers only have to make a few small changes with a common drill press to transform an unfinished receiver into an operational one. Once milled, a receiver may be readily turned into a fully-assembled, illegal assault weapon. Similarly, a purchaser of an unfinished frame can use commonly available tools to finish the frame, which may then be readily assembled into an untraceable handgun. The process can be completed in less than an hour, even by an amateur.

These weapons are just as lethal as any other handgun or rifle but are sold directly to consumers without a background check or any federally-required record of their sale. In many cases, the businesses named in Attorney General James’ lawsuit sold illegal unfinished frames and receivers to consumers with criminal records or other disqualifying conditions.

In May 2022, an individual with a criminal background, who was legally ineligible to own or operate a firearm, received shipments from Brownells after previously receiving shipments from Glockstore and Primary Arms. That same month, that individual allegedly used a ghost gun in a triple shooting that killed one person and injured two others in the Bronx.

The OAG and New York City Law Department’s investigation found that Brownells and two other gun distributors, 80 Percent Arms and KM Tactical, known for their unfinished frames, receivers, and ghost gun kits, delivered orders to an individual living in New York who was a member of a far-right militia-style organization with a history of political violence. NYPD investigators later recovered two unserialized completed guns, 11 high-capacity magazines, four additional unfinished frames and receivers, as well as other gunmaking tools, from where he was staying.

The businesses named in Attorney General James’ lawsuit acknowledge in their marketing that the unfinished frames and receivers evade public safety measures. In fact, in many instances they use that as a selling point. In clear violation of federal law, 80 Percent Arms writes on its website, “This means no RED TAPE including: NO Registering an 80% Lower, NO Transfer fees like a typical firearm, NO FFL Required, Ships right to your door.”  In addition, Glockstore touts on its website, “You can build a completely legal handgun without any ‘government oversight’ aka interference…No fuss, no muss, no registration, no records.”

These prohibited products are routinely bought online and shipped to addresses across the city and state. Some are also bought in neighboring states and driven into New York. For example, in November 2021, law enforcement officials seized $16,200 worth of unfinished frames and receivers from an individual who bought the illegal products at a gun show in Pennsylvania and was later apprehended in the Bronx. Law enforcement officials claim that the individual planned to assemble the unfinished frames and receivers into complete, usable firearms and resell them illegally.

Unfinished frames and receivers are unquestionably illegal. Under New York’s Jose Webster Untraceable Firearms Act and the Scott J. Beigel Unfinished Receiver Act, possession or sale of an unfinished frame or receiver is a felony, as is the possession or sale of a ghost gun made from one. These distributors are legally obligated to reasonably ensure that their illegal products do not enter New York.

Ghost guns are proliferating across the nation and are being used in crimes at an exponential rate. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the number of ghost guns recovered at crime scenes nationwide has increased more than elevenfold in just six years, from 1,758 in 2016 to 19,344 in 2021. Throughout New York, including New York City’s five boroughs, the number of assembled ghost guns law enforcement recovered and properly identified, increased from just 44 in 2018 to 641 in 2021 — a 1,357% increase.  Moreover, as of June 17, 2022, there have been 373 recoveries of assembled ghost guns, putting New York on pace to recover over 800 ghost guns in 2022. The rise in ghost guns coincides with the rise in homicide and suicide rate across the state and nation.

Attorney General James’ lawsuit demonstrates how these businesses’ harmful practices evaded laws meant to protect New Yorkers and contributed to the overall gun violence epidemic in the state, including rising suicides, homicides, and domestic violence rates.

Attorney General James brings six claims against the distributors and invokes the Public Nuisance law for the first time. Under the Public Nuisance claim, Attorney General James asserts that these distributors have endangered the safety and health of the public by selling and bringing dangerous and illegal products into New York and by failing to adopt reasonable controls and procedures to prevent their products from falling into improper hands.

Through her lawsuit filed in New York County Supreme Court, Attorney General James is seeking to ban each business from selling, shipping, distributing, or otherwise supplying unfinished frames or receivers lacking serial numbers to New Yorkers; as well as to obtain restitution and damages; elicit public corrective statements from the businesses regarding their false and misleading statements and omissions; and obtain disgorgement.

In addition, Attorney General James’ lawsuit seeks to require each business to contribute to an abatement fund to eliminate the public nuisance for which they are responsible. The abatement fund would be used to combat New York’s gun violence crisis.

“For decades, New Yorkers have paid for the gun industry’s reckless, dangerous, and illegal business practices with their lives, while the industry has gotten off scot free,” said Nick Suplina, senior vice president of law and policy, Everytown for Gun Safety. “But now that we have the tools to hold rogue gun suppliers accountable, those days are drawing to a close. Today’s lawsuit from New York state is another example of how New York is combating our gun violence epidemic at its roots. As a New Yorker and as an advocate for gun violence prevention, I want to thank Attorney General James for her leadership.”

“As New Yorkers confront the devastation of gun violence every single day in this state, nefarious gun dealers have been illegally flooding our New York communities with untraceable, unserialized firearm frames and receivers,” said Rebecca Fischer, executive director, New Yorkers Gun Violence. “For years, the gun industry has been profiting off of New Yorkers’ lives with zero accountability but now, thanks to New York's exceptional leadership, this state has a strong gun industry liability law. Today, we applaud New York Attorney General James and the city of New York for standing up to the gun lobby and filing this lawsuit to hold dangerous businesses liable for the death, harm, and trauma they have caused to New Yorkers.”  

Today’s action builds on Attorney General James’ efforts to crack down on ghost guns and combat the gun violence crisis. Earlier this month, Attorney General James demanded that 28 statewide firearms sellers immediately stop advertising ghost gun parts. In April 2021, Attorney General James sent a letter to U.S. DOJ urging them to strengthen federal regulations on ghost guns. In February 2021, Attorney General James led a coalition of 21 attorneys general from around the nation in filing an amicus brief in the case Grewal v. Defense Distributed before the U.S. Supreme Court, where the coalition fought a lawsuit that seeks to stop states from enforcing their laws against a company disseminating dangerous 3D-printed gun files on the internet.

In September 2019, Attorney General James sent cease and desist letters to the companies behind a number of websites selling incomplete weaponry pieces to New Yorkers that could be easily assembled into illegal assault weapons. In July 2020, Attorney General James announced that all the companies behind the sale of these firearms or firearms components had complied with her cease and desist letters and ended the sale of these weapons to New Yorkers.

NEW YORK STATE RECORD FOR SMALLMOUTH BASS BROKEN BY 8.6-POUND CATCH ON CAYUGA LAKE

 

Finger Lakes Bass is Second State Record Established this Year

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced a new state record for smallmouth bass was set on June 15, opening day for bass harvest season. Thomas Russell Jr., of Albion reeled in an eight-pound, six-ounce smallmouth bass from Cayuga Lake, Seneca County. Russell’s bass surpassed the previous record by two ounces, a tie between fish caught on Lake Erie in 1995, and in the St. Lawrence River in 2016.

“Smallmouth bass are one of New York’s most popular freshwater sportfish and it’s exciting to share the great news of Mr. Russell’s record-breaking catch,” Commissioner Basil Seggos said. “New York’s Finger Lakes are truly an angler’s paradise, providing exceptional fishing opportunities for a variety of sportfish.” 

Pound for pound, smallmouth bass are considered one of the hardest-fighting freshwater fish in New York. When hooked, they will often leap acrobatically out of the water, making them a highly desirable sportfish for anglers to target. They can be found across the state in cooler lakes, rivers, and creeks in rocky/gravelly areas. For more information on where to find smallmouth bass, visit DEC's Places to Fish and Warmwater Fishing webpages.

Mr. Russell submitted details of his winning catch as part of DEC's Angler Achievement Awards Program, which keeps track of state record fish. Through this program, anglers can enter freshwater fish that meet specific qualifying criteria and receive official recognition of their catch and an embroidered patch commemorating their achievement. The three categories that make up the program are: Catch and Release, Annual Award, and State Record.

A photo of the record fish is on DEC’s New York State Freshwater Fishing Records page. For more information about the Angler Achievement Awards Program, including a downloadable application form, visit DEC's website at https://www.dec.ny.gov/outdoor/7727.html.

This is the second state record set this year. On May 8, the state record for channel catfish was broken when Bailey Williams of Watertown reeled in a 35-pound, 12-ounce channel catfish from the Black River in Jefferson County.

For additional information on the Angler Achievement Awards Program, call (518) 402-8891 or email fwfish@dec.ny.gov.

Former NYC Councilman Ruben Diaz Sr. - THANKS TO THE SUPREME COURT

WHAT YOU SHOULD KNOW

By Former NYC Councilman

Rev. Ruben Diaz 

 You should know that the United States Supreme Court, which is composed of nine judges have handed down recent decisions that favor this nation’s people of faith who adhere to Conservative values.

In 1988 I created "The New York Hispanic Clergy Organization of New York."  This organization was created for the purpose of educating the Hispanic Evangelical Christian Community in the political process. Our mission is to inform and educate pastors, and ministers by raising their awareness in social issues that impact our children and families.  Our mission statement has five major issues that are of utmost importance to our churches and community of believers.

 These (5) five issues are as follows:

1. The New York Hispanic Clergy Organization opposes marriage between persons of the same sex. We support and believe preserving the sanctity of marriage between a man and a woman as ordained by God as stipulated in (Genesis 1:26-28 and Genesis 2:21-24)

 

2. The New York Hispanic Clergy Organization opposes abortion on demand. We believe that life begins at Conception as stipulated in (Isaiah 44:2, 49:1-5 and Jeremiah 1:5)

 

3.   The New York Hispanic Clergy Organization supports bringing back to our public schools, Prayer, Intelligent design, and the reading of the Bible. We believe that ever since prayer and the Bible were banned from our public schools, we have been experiencing the ever-increasing Crime, hatred, violence, death of innocent children, the disrespect for principals, teachers, and fellow students. Our schools are failing our children and our society. These tragic ramifications are now in full display. Where once our schools were considered the safest place for a child, they are now considered among the most dangerous places where metal detectors must be installed. 

 

4. The New York Hispanic Clergy Organization opposes the distribution of condoms in our schools. We strongly oppose sexual curriculums that border on pornography and age-inappropriate sexual topics that rob our children’s innocence, such as gay marriage, gender identity, and issues that only serve to indoctrinate children beginning in an early age in matters and subjects that their parents deem inappropriate.

 

5.   The New York Hispanic Clergy Organization opposes the burning of the American Flag or the flag of any other nation.  We believe that a nation’s Flag is a patriotic symbol for which millions of people have fought and shed their blood for their country. Their flag is a symbol of National Pride, blood and sacrifice and therefore should be   respected by all. 

 

6.   You should Know that President Donald J. Trump appointed (3) three Conservative justices, who will not legislate, but adhere to their oath to defend the Constitution. The Supreme Court’s recent decisions are favored by Conservatives, believers in the Constitution and people of faith.  Among the decisions made by the court in recent     days are as follows:

 

1. The elimination of “Roe vs. Wade” which was never codified since the Court made this tragic decision in 1973. This Supreme Court decision nationalized abortions making it mandatory among states that opposed it. This decision promoted, financed, and provided taxpayer funding to Planned Parenthood to ensure the easy access to abortions in this nation and third world countries. Millions of babies were aborted.  Mostly Black and Brown babies were never born because of “Roe”. Republican-controlled states reject abortions and Democratic-controlled States will sadly continue to kill the unborn through abortions.

 

2.    The Supreme Court ruled that anyone who has acquired a license for a firearm can carry it in public. In other words, if a person has a permit for a firearm, the question is why prohibit them from carrying it in public? Why then have a license? 

 

3.   The Supreme Court of the State of New York ruled that granting non- citizens the right to vote violates the Constitution.  According to the Court only U.S. Citizens have the right and privilege to vote and elect this nations representative govern and dictate the laws of this nation.  

 

 

4. And finally, the Supreme Court ruled that it is illegal to prohibit citizens from public prayer.  This is a great victory for those people who desire and pray at public events but have been forbidden to do so at risk of losing their jobs.  This is called freedom of Religion and   the free exercise of it.

 

As you may know my dear reader, all things have their time under the sun. The Bible says that all things work for good.

 

To all the members, past and present, of The New York Hispanic Clergy Organization, I say Thank you very much for your support, honesty, commitment and fidelity to God and our Organization. But the work is not done. So, I say Pray without ceasing because we still have a long road ahead.......

 

 

I am Rev. Ruben Diaz, and this is What You Should Know.

EDITOR'S NOTE:

Reverend Diaz states These (5) five issues are as follows:, so why do we see, 6.   You should Know... 

It appears it is Reverend Diaz that needs to go back to school to learn the difference in numbers, or I will give him five dollars while he gives me six dollars back all day long.   

Also with so many cultures in the public now, which prayer does Reverend Diaz think should be heard, only his. 

AFTER UNDERCOVER INVESTIGATION, MAYOR ADAMS AND CORPORATION COUNSEL HINDS-RADIX ANNOUNCE FEDERAL LAWSUIT AGAINST ONLINE RETAILERS ILLEGALLY SELLING DEADLY GHOST GUN COMPONENTS INTO NEW YORK CITY

 

Investigation by New York City Sheriff’s Office Identifies Five Defendant Ghost Gun Retailers Illegally Selling Into New Yok City

City’s Suit Seeks Immediate Halt to Sales and Deliveries Into New York City of Gun Components Used to Assemble Untraceable, Fully-Functional Guns

 New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia Hinds-Radix today announced a lawsuit against five online retailers that have and continue to illegally sell and deliver gun components that are used to assemble illegal and untraceable firearms — known as ghost guns — into the city. As detailed in the lawsuit, five retailers based in Missouri, Washington, Florida, and North Carolina advertised and sold through their websites unfinished frames, receivers, and ghost gun kits to an investigator from the New York City Sheriff’s Office. The gun components were shipped directly to an address in New York City, in violation of New York state and New York City laws making such sales illegal. These gun components are easily assembled into illegal, untraceable, deadly weapons.

 

“We are not going to let gun companies turn New York City into a city of mail-order murder,” said Mayor Adams. “Whether they are hidden in the trunks of cars or packed in a plain brown box, ghost guns are illegal in our city, and we will take every lawful action possible to stop gun retailers from profiting at the expense of the safety of our city. That’s why, this morning, we filed a lawsuit against five online gun retailers that are illegally selling and delivering ghost gun components to addresses here in this city. We will not stand by while illegal operators flout the law, endanger our communities, and kill our young people.”

 

“It is illegal under state and city law to sell the components that are needed to make untraceable guns — and yet, after just a few clicks on a website, these defendants sell and deliver such parts into New York City,” said Corporation Counsel Hinds-Radix. “Sadly, people in our city, including children, have been shot or killed with ghost guns. We’re asking the court to immediately stop the sale and delivery into the city of these illegal gun components. Those prohibited from owning weapons should not be able to circumvent the law to purchase them online. The companies should be forced to assist the city in recovering the illegal, untraceable ghost guns they delivered here. Those guns endanger the public and undermine law enforcement efforts.”

 

“Through our undercover investigation, we were able to identify five retailers selling parts to these deadly weapons online, in violation of city and state law,” said New York City Sheriff Anthony Miranda. “We continue to work in close partnership with the New York City Law Department and our other law enforcement partners to hold these retailers accountable for willfully endangering the health and wellbeing of New Yorkers.”

 

“This legal strategy is the next logical step in an all-out fight the NYPD joined long ago in standing up a Ghost Gun Task Force, raising awareness about this increasing societal problem, and working with our City Council partners to pass the local laws this welcome court action stands upon,” said New York City Police Department (NYPD) Commissioner Keechant L. Sewell. “And we vow to continue this fight, on the city’s streets, before our judges, and in every law enforcement, regulatory, and public policy arena possible. We will continue it until we wipe these illegal guns out and stop the plastic pipeline into our communities. Because these guns shoot real bullets. They hurt New Yorkers. They cause real harm. They are insidious, untraceable weapons. And we will fight until common sense prevails and the rights of victims are put first, and these personally-made-firearms are eradicated, once and for all.”

 

New York City’s complaint was filed in the U.S. District Court for the Southern District of New York against defendants:

 

• Arm or Ally, based in Kansas City, Missouri;
• Rainier Arms, based in North Auburn, Washington;
• 80P Builder, based in Largo, Florida;
• Rock Slide USA, based in Broadway, North Carolina; and
• Indie Guns, based in Orlando, Florida. 

 

New York City’s lawsuit was filed simultaneously to a separate lawsuit filed by New York State Attorney General Letitia James against 10 defendants in New York State Supreme Court for fueling the gun violence crisis and endangering New Yorkers. Attorney General James’ comprehensive lawsuit alleges that 10 out-of-state gun distributors sold tens of thousands of illegal, unfinished frames and receivers to New Yorkers that were then converted into unserialized, untraceable handguns and assault-style weapons.

 

“While families mourned loved ones lost to senseless gun violence, gun sellers avoided accountability for the illegal and dangerous weapons they sold,” said Attorney General James. “There should be no more immunity for gun distributors bringing harm and havoc to New York. My office’s lawsuit holds 10 gun sellers accountable for fueling the gun violence crisis and endangering New Yorkers. Illegal guns do not belong on our streets or in our communities and we will use every tool necessary to root them out.”

 

“On Friday, the 8^th of April, 2022, at 1:45 PM, my 16-year-old daughter, Angellyh Yambo, life was taken by a single bullet by a ghost gun that your company manufactured as she was heading home after leaving school,” said Yanelly Henriquez, mother of Angellyh Yambo, victim of ghost gun shooting. “Angellyh unfairly left this world without saying ‘I love you or goodbye’ to her loved ones. I still have yet to deal with the loss of my daughter and my shattered heart that will never heal. And also of having to live on with the memories of Angellyh. Your companies are to blame for selling these ghost guns that took my precious daughter's life only to profit for your gain. Angellyh brought so much light and love into my life, and now, I have to start a new life without my daughter. The family is lost for words and heartbroken and has to live with that affliction forever. Your companies are at fault for the damage because of their lack of background checks, having no permit for one to purchase the revolver, and their unethical access to underage teenagers. I desperately wish I could turn back the hand of time to bring my daughter, Angellyh, back and tell her how much I love her, embrace her or spend time, but that's unrealistic. I will have to pretend to have Angellyh physically here with me until we are reunited again.”

 

According to New York City’s complaint, the five ghost gun retailers delivered gun components and gun kits to a Sheriff’s Office undercover investigator at a Manhattan address, when such sales were already illegal under city and state law. Orders included so-called “unfinished” frames or receivers, also referred to as “80 percent” frames or receivers, which do not have serial numbers. The frames are offered for sale in kits, which allow a person — using commonly available tools — to assemble receivers and frames into fully-functioning, untraceable handguns. The Sheriff’s Office easily assembled a fully-functioning gun from the components and kits. Similar components are available to assemble semi-automatic assault weapons. 

 

Ghost guns sold into New York City have ended up in the hands of convicted felons and other prohibited and unlicensed possessors, as well as underage purchasers. Below are examples of illegal gun parts sold by two of the defendant ghost gun retailers.

A ghost gun frame purchased from Defendant 80P Builder.

A ghost gun frame with jig from Defendant Rock Slide USA.

According to the city’s lawsuit, in addition to sending illegal gun parts to a city investigator, Arm or Ally shipped at least 511 packages, which are believed to include packages with illegal frames and receivers, to buyers in New York state between January 3, 2021 and June 7, 2022, including at least 36 packages to addresses in New York City. Arm or Ally appears to have shipped five of those packages, over the course of 45 days, to a city resident later arrested in possession of 14 ghost guns, including seven handguns and seven AR-style rifles. In addition, between July 2020 and October 2021, Arm or Ally appears to have sold nine ghost gun components, including frames or receivers and completion parts kits, to a city resident later indicted in Manhattan on at least 29 counts of violating the city’s prohibition on possession of unfinished frames or receivers.

 

Ghost gun retailer 80P Builder, from Largo, Florida, delivered at least 258 packages, which are believed to include packages with illegal frames and receivers, into New York state between April 21, 2021 and May 26, 2021, including at least 65 packages shipped to addresses in New York City. In 2021, at least four individuals arrested in New York City with ghost guns appear to have received one or more deliveries from 80P Builder, including a person arrested and charged with murder in 2022; a person arrested following a street encounter; a person arrested following a car stop; and a person who, after having received four deliveries from 80P Builders in 2021, was arrested in possession of three receivers pursuant to a search warrant executed by the NYPD’s Major Case Field Intelligence Team.

 

Ghost gun retailer Rainier Arms delivered at least 846 packages, which are believed to include packages with illegal frames and receivers, to purchasers located in New York state between January 4, 2021 and April 28, 2022, including at least 69 packages shipped to addresses in New York City during that period.   

 

Ghost gun retailer Rock Slide USA completed two separate online orders via their website in May to an undercover investigator in the Sheriff’s Office of a Polymer80 PF940C unserialized, “unfinished” frame, a slide, an internal upper parts kit, a recoil spring and guide rod, a lower parts kit with trigger, and a 32-round magazine. In a separate order, the undercover investigator purchased an upper parts kit and a barrel to the same address in Manhattan as the first one. In neither case did Rock Slide USA perform a background check on the purchaser, and it did not require customers to have a valid state or city license or permit.

 

Ghost gun retailer Indie Guns is a high-volume seller of various glock-compatible ghost gun kits. A recent lawsuit involving Polymer80 and Indie Guns notes that in July 2021 Polymer80 sold and shipped more than 13,000 unserialized “80%” glock-compatible frame kits to Indie Guns. Indie Guns completed an online order to an undercover investigator in the Sheriff’s Office of a PF940V2 unserialized, “unfinished” frame, a frame parts kit with trigger assembly, a 17-round magazine, and a complete slide assembly to be delivered to an address in Manhattan. Indie Guns did not perform a background check on the purchaser and did not require the purchaser to have a valid state or city license or permit. Instead, Indie Arms accepted the order and the products were delivered to an address in Manhattan.

 

Incidents involving ghost guns reflect a dangerously escalating trend. The NYPD recovered 17 ghost guns in 2018, 48 in 2019, 150 in 2020, 263 in 2021, and has already recovered 180 this year as of June 26^th — a 181 percent increase over the same time period last year, and on pace to exceed last year’s total.

 

New York City is also asking the court to issue a preliminary injunction, ordering the defendants to immediately stop selling ghost guns into New York City. It has been illegal to sell ghost guns into New York City since February 2020, and the Sheriff Office’s undercover investigation revealed that these particular defendants have and continue to ignore the city’s restrictions. During the course of the investigation, the Sheriff’s Office found that several out-of-state internet sellers were complying with the city’s restrictions and responsibly declining to sell to those customers in New York City. With respect to the named defendants here, however, the city is seeking the court’s assistance to compel defendants to act responsibly and in compliance with the law by immediately ending sales into New York City. Later in the suit, the city will ask the court to force these sellers to provide information on addressees that have received ghost guns.

 

This legal action was led by the Affirmative Litigation Division in the New York City Law Department, with the invaluable assistance of the NYPD, the Sheriff’s Office, the Mayor’s Office, New York City’s five district attorneys, and the Office of the New York Attorney General. 

 

Housing Lottery Launches For 304 East 134th Street In Port Morris, The Bronx

 

The affordable housing lottery has launched for a seven-story residential building at 304 East 134th Street in Port Morris, The Bronx. Designed by S. Wieder Architect and developed by Joel Rubin under the East 134th Terrace LLC, the structure yields 22 residences. Available on NYC Housing Connect are seven units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $68,572 to $156,130.

Residents will have access to parking, a gym, and a rooftop terrace. Units come equipped with washers and dryers, dishwashers, air conditioning, name-brand appliances, countertops, and finishes, and either a patio or balcony. Tenants are responsible for electricity including stove, heat, and hot water.

At 130 percent of the AMI, there are five one-bedrooms with a monthly rent of $2,000 for incomes ranging from $68,572 to $156,130 and two one-bedrooms with a monthly rent of $2,300 for incomes ranging from $78,858 to $156,130.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than July 15, 2022.

Developers Secure Financing For Starhill Affordable Housing At 1600 Grand Avenue In Morris Heights, The Bronx

 

Services for the UnderServed (S:US) and Bronx Pro have closed on a sizeable construction loan to complete the first phase of a dual-tower affordable housing project in the Morris Heights section of The Bronx. Phase one of the development, a 14-story residential tower, is located at 1600 Grand Avenue and will comprise 325 units.

A total of 200 units in this first tower will be set aside for formerly homeless individuals with substance abuse disorders. S:US will be the service provider for the supportive housing units, through funding from the Office of Addiction Services and Support under the Empire State Supportive Housing Initiative (ESSHI) program.

In total, Starhill complex will comprise around 570 apartments of supportive and affordable housing designated for the formerly homeless and households earning between 40 percent and 80 percent area median income (AMI).

“At S:US, housing is at the core of what we do,” said Dr. Jorge R. Petit, S:US president and CEO. “Without the stability of a home, families cannot stay together, people cannot find employment, challenges completely overwhelm, and life quickly spirals out of control. Helping New Yorkers obtain housing is part of our social justice mission to end homelessness and ensure access to affordable and supportive housing.”

The development site spans approximately two acres, and it is occupied by a former hospital operated by S:US. In this location, construction would not have been possible without ratification of the Jerome Avenue rezoning plan, a major initiative to facilitate the construction of mixed-use and mixed-income housing along 73 blocks of Jerome Avenue in The Bronx. The plan was approved by The New York City Council in 2018 and is expected to create roughly 4,600 new apartments, with over 1,000 units of affordable housing.

The Starhill team has not announced when construction of phase two is expected to break ground. Located at 1600 Macombs Road, the second and final phase, will include a 222,000-square-foot tower with around 240 units of supportive and affordable housing. The ground floor will also include a 4,400-square-foot community facility.

Residents will have access to an amenity deck with elevated green space, seating, social services, and a water feature, in addition to a children’s play area, laundry facilities, and a fitness room. Residents will also have access to a rear yard with a barbecue area and an urban farm.

The interior complex will also include 11,500 square feet of publicly accessible open space.

“Bronx Pro Group is proud to be a part of the next chapter and reinvention of the Starhill Campus of Morris Heights,” said Samantha Magistro, BPG CEO. “Starhill Phase I honors the site’s history of medical and mental health care, while responding to the present-day community’s need for affordable housing and new open space. We look forward to building this new community together with S:US, our lenders, as well as our community stakeholders.”

Marvel Architects served as the design studio for both Starhill towers.

The total development cost for Starhill phase one is $190 million. The project is being financed through tax-exempt bonds, low-income housing tax credits and subsidy loans provided by the New York State Housing Finance Agency, and subsidy loans provided by the New York City Department of Housing, Preservation, and Development. Additional funding includes tax credit equity syndicated by Enterprise Community Partners and purchased by Freddie Mac, a construction loan provided by JP Morgan Chase, and Resolution A funds.

The developers did not confirm total development costs for the entire Starhill complex.

EDITOR'S NOTE:

The Jerome Avenue Rezoning allowed for extra height on the buildings, and through MIHZQA this project was able to attain additional extra height by placing a community facility and the amount of affordable housing so the developer could build higher. 

Ghislaine Maxwell Sentenced To 20 Years In Prison For Conspiring With Jeffrey Epstein To Sexually Abuse Minors

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that GHISLANE MAXWELL was sentenced today in Manhattan federal court by United States Circuit Judge Alison J. Nathan to 240 months in prison for her role in a scheme to sexual exploit and abuse multiple minor girls with Jeffrey Epstein over the course of a decade.  MAXWELL was previously found guilty on December 29, 2021, following a one-month jury trial, of conspiracy to entice minors to travel to engage in illegal sex acts, conspiracy to transport minors to participate in illegal sex acts, transporting a minor to participate in illegal sex acts, sex trafficking conspiracy, and sex trafficking of a minor.

U.S. Attorney Damian Williams said:  “Today’s sentence holds Ghislaine Maxwell accountable for perpetrating heinous crimes against children.  This sentence sends a strong message that no one is above the law and it is never too late for justice.  We again express our gratitude to Epstein and Maxwell’s victims for their courage in coming forward, in testifying at trial, and in sharing their stories as part of today’s sentencing.”

According to the allegations in the Indictment, court documents, and evidence presented at trial:

From at least 1994, up to and including in or about 2004, GHISLAINE MAXWELL assisted, facilitated, and participated in Jeffrey Epstein’s abuse of minor girls by, among other things, helping Epstein to recruit, groom, and ultimately abuse victims known to MAXWELL and Epstein to be under the age of 18.  The victims were as young as 14 years old when they were groomed and abused by MAXWELL and Epstein, both of whom knew that their victims were in fact minors.  As a part and in furtherance of their scheme to abuse minor victims, MAXWELL and Epstein enticed and caused minor victims to travel to Epstein’s residences in different states, which MAXWELL knew and intended would result in their grooming for and subjection to sexual abuse.

MAXWELL enticed and groomed minor girls to be abused in multiple ways.  For example, MAXWELL attempted to befriend certain victims by asking them about their lives, their schools, and their families, and taking them to the movies or on shopping trips.  MAXWELL also acclimated victims to Epstein’s conduct simply by being present for victim interactions with Epstein, which put victims at ease by providing the assurance and comfort of an adult woman who seemingly approved of Epstein’s behavior.  Additionally, Epstein offered to help some victims by paying for travel and/or educational opportunities, and MAXWELL encouraged certain victims to accept Epstein’s assistance.  As a result, victims were made to feel indebted and believed that MAXWELL and Epstein were trying to help them.  MAXWELL also normalized and facilitated sexual abuse for a victim by discussing sexual topics, undressing in front of the victim, being present when the victim was undressed, and encouraging the victim to massage Epstein.

As MAXWELL and Epstein intended, these grooming behaviors left minor victims vulnerable and susceptible to sexual abuse by Epstein.  MAXWELL was then present for certain sexual encounters between minor victims and Epstein, such as interactions where a minor victim was undressed, and ultimately was present for sex acts perpetrated by Epstein on minor victims.  That abuse included sexualized massages during which a minor victim was fully or partially nude, as well as group sexualized massages of Epstein involving a minor victim where MAXWELL was present.  In some instances, MAXWELL participated in the sexual abuse of minor victims. 

Ultimately minor victims were subjected to sexual abuse that included, among other things, the touching of a victim’s breasts or genitals, placing a sex toy such as a vibrator on a victim’s genitals, directing a victim to touch Epstein while he masturbated, and directing a victim to touch Epstein’s genitals.  MAXWELL and Epstein’s victims were groomed or abused at Epstein’s residences in New York, Florida, and New Mexico, as well as MAXWELL’s residence in London, England.

In the earlier phase of the conspiracy, from at least approximately 1994 through approximately 2001, MAXWELL and Epstein identified vulnerable girls, typically from single-mother households and difficult financial circumstances.  This earlier phase required the defendant and Epstein to identify one girl at a time to target for grooming and abuse.  In the later phase, from approximately 2001 until at least approximately 2004, MAXWELL and Epstein enticed and recruited, and caused to be enticed and recruited, minor girls to visit Epstein’s Palm Beach Residence to engage in sex acts with Epstein, after which Epstein, MAXWELL, or another employee of Epstein’s would give the victims hundreds of dollars in cash. MAXWELL and Epstein encouraged one or more of those victims to travel with Epstein with the intention that the victim engage in sex acts with Epstein.  Moreover, and in order to maintain and increase his supply of victims, MAXWELL and Epstein also paid certain victims to recruit additional girls to be similarly abused by Epstein.  In this way, MAXWELL and Epstein created a network of underage victims for Epstein to sexually exploit.

In addition to the prison sentence, MAXWELL, 60, was sentenced to five years of supervised release and ordered to pay a $750,00 fine.

Mr. Williams praised the outstanding work of the Federal Bureau of Investigation.

Attorney General James Demands Swift Federal Action to Protect Children From Toxic Metals in Baby Foods

 

AG James Leads Multistate Coalition Urging FDA and USDA to Immediately Address Dangerous Lead and Other Toxic Metals in Baby Foods 

 New York Attorney General Letitia James led a multistate coalition of 22 attorneys general calling on the heads of the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) to take swift action to eliminate toxic metals from baby food. In a letter to FDA Commissioner Robert M. Califf, Deputy Commissioner Frank Yiannis, and USDA Secretary Tom Vilsack, the coalition urged the federal agencies to take immediate actions to drive down the levels of dangerous toxic metals in food for babies and young children. This is the latest action in a series of efforts led by Attorney General James in response to increasing alarm regarding the health hazards posed by lead, arsenic, cadmium, and mercury in baby foods, including infant cereals, purees, and other products for babies and young children, aside from formula. 

“No parent should have to worry about whether the food they serve their children is safe to eat,” said Attorney General James. “While our federal food safety watchdogs are working to implement critical long-term solutions, there are immediate, common-sense steps they can take that would begin to drive down the levels of toxic metals in baby foods. The FDA and USDA must act now — and give parents the peace of mind they deserve in the safety of the food they feed their children.” 

The FDA has set or proposed limits on toxic metals in a wide variety of other consumable products — such as bottled water, juice, and candy — but the agency has failed to adequately regulate baby food. So far, the agency has established only one action level for one type of toxic metal (inorganic arsenic) in one type of baby food product (infant rice cereal), despite FDA concluding years ago that babies’ and young children’s smaller bodies and metabolisms make them more vulnerable to the harmful neurological effects of these toxic metals. As a result, U.S. baby food manufacturers are left to self-regulate the amounts of lead and other toxic metals in their products. In fact, it remains up to the manufacturers to decide whether to even test their products for these contaminants. 

In April 2021, FDA announced the “Closer to Zero” plan, under which the agency committed to proposing “action levels” for lead in various baby foods by April 2022, inorganic arsenic in various baby foods by April 2024, and cadmium and mercury sometime after April 2024. However, the coalition notes that the plan is already behind schedule, since the FDA failed to propose lead action levels by the April deadline. This delay is both a public health concern and a matter of environmental justice, as low-income children and children of color are disproportionately impacted by lead through exposures to lead-based paint, lead in drinking water pipes, and other sources. Lead in their food only exacerbates the existing inordinate and inequitable hazards these children face.  

In their letter, the coalition urges the federal government to adopt interim measures recommended in Attorney General James’ and the coalition’s October 2021 petition, which urged FDA to issue clear industry guidance for limiting toxic metals, such as:  

• Propose interim limits for inorganic arsenic, lead, cadmium, and mercury in relevant categories of infant and toddler foods; 
• Propose a lower limit for inorganic arsenic in infant rice cereal than that currently set forth in FDA guidance; and, 
• Provide guidance to all baby food manufacturers to test their finished products for toxic metals. 

The FDA denied the petition, but earlier this month, the coalition asked FDA to expeditiously reconsider its denial of that petition.    

Attorney General James continues to be a national leader in child food safety. Earlier this year, she demanded baby food brand HolleUSA stop false or misleading advertising of its products as “lead free” after laboratory testing revealed that several of its baby foods available in New York contained detectable levels of lead, cadmium, and arsenic. In response, HolleUSA promptly removed the misleading logos and statements. In April 2021, the Attorney General launched an ongoing probe into several manufacturers of baby food regarding levels of inorganic arsenic found in infant rice cereal products and the advertising of these products.  

Joining Attorney General James in sending this letter to FDA and USDA leadership are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Massachusetts, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Nevada, North Carolina, Oregon, Pennsylvania, Vermont, Washington, and Wisconsin.