Affirmative Litigation Against Ghost Gun Manufacturers

People v. Blackhawk Manufacturing Group, Inc., et al., Case No. CGC-21-594577 (San Francisco Superior Court). 

On October 13, 2021, the Attorney General filed a lawsuit against ghost gun kit manufacturers and retailers Blackhawk Manufacturing Group, Inc., MDX Corporation, and GS Performance, LLC, joined by the San Francisco District Attorney’s Office and its pro bono counsel from Giffords Law Center to Prevent Gun Violence and Keker, Van Nest & Peters, LLP. Gun kits sold by these companies can be used to privately manufacture firearms known as “ghost guns,” which are not serialized and allow purchasers to bypass standard requirements such as background checks and registration. The lawsuit alleges that the companies have violated California consumer protection law by selling kits without complying with federal and state requirements governing the manufacture and sale of firearms, including by failing to serialize their products or conduct background checks and by selling products that produce weapons that do not meet California’s handgun safety standards. The lawsuit also alleges the companies have illegally misled consumers regarding serialization, eligibility, and safety requirements that must be met to lawfully assemble a firearm. This lawsuit followed a March 2021 court order enforcing the Attorney General’s preceding investigative subpoena against GS Performance, LLC and requiring the company to produce records regarding its advertising and sale of gun kits.  The lawsuit is ongoing.