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U.S. Obtains Temporary Restraining Order against Firearm Companies Illegally Selling Machine Guns

By Forum Sta

On Jan. 19, 2023, the United States led a civil complaint in federal court in Brooklyn against two rearm companies, and two individuals associated with these companies (collectively, “Defendants”), alleging that Defendants have conspired to defraud the United States and consumers, and have engaged in the ongoing commission of mail fraud and wire fraud, by unlawfully selling machine gun conversion devices, the U.S. Department of Justice announced ursday.

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e devices, called FRT-15s, are speci cally designed and intended to be used to convert AR-15 type ri es into machineguns and are therefore themselves “machine guns” under federal law. With limited exceptions not applicable to Defendants’ conduct, the manufacture, sale and possession of machine guns is illegal under the National Firearms Act and the Gun Control Act of 1968. e Government’s complaint seeks injunctive relief under the Anti-Fraud Injunction Act. e United States also sought a temporary order immediately halting any sales of the FRT-15 or any forced reset trigger until and unless otherwise ordered by the Court.

On Jan. 25, United States District Judge Nina R. Morrison entered a temporary restraining order against Defendants.

Defendants are Rare Breed Triggers, LLC and Rare Breed Firearms, LLC (collectively, “RBT”) and their owner/opera- tors Lawrence DeMonico, also known as “Larry R. Lee, Jr.” and Kevin Maxwell. As alleged in the complaint, Defendants have unlawfully sold thousands of FRT-15s to the general public. In the process, Defendants have sought to obstruct ATF’s mandate to enforce laws prohibiting the sale of machine guns and ensure public safety. Defendants have also allegedly misled consumers about the legality of FRT-15s.

As set forth in the temporary restraining order (“TRO”), among other things, the Court found that “[t]here is probable cause to believe that Defendants’ fraudulent conduct is ongoing and imminent,” that “Defendants failed to register FRT-15s for the pur- pose of concealing from ATF the sale and transfer of these items,” and that the TRO is necessary to prevent “a continuing and substantial injury to the United States, as well as to past and future purchasers of FRT-15s who have been or may be misled into believing that their possession of FRT-15s is lawful when it is not.”

“ e defendants are illegally selling machine guns, plain and simple, with conversion devices that transform AR-15 type ri es into even more lethal weapons suited for ba le elds, not our communities,” said Brooklyn U.S. A orney Breon Peace. “We will continue to work with our law enforcement partners to stop the ow of illegal and deadly weapons onto our streets. e United States will be relentless in employing every means available, including all civil tools, to end violence in New York and across the nation.”

“Decades ago, Congress determined that machine guns are illegal, yet, despite repeated warnings, the defendants in this case are alleged to be outing the law. Machine guns are unlawful because they pose a threat to the public and they are increasingly a risk to law enforcement. Ensuring that individuals and companies comply with the prohibition on selling machine guns is just one of many steps ATF is taking to address violent crime and protect our communities,” added Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven De

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TRISTAR NY27, LLC Arts of Org. led with Sec. of State of NY (SSNY) 12/04/2022. Cty: Queens. SSNY desig. as agent upon whom process against may be served & shall mail process to SUREND MOTAR, 14220 131ST AVE, JAMAICA, NY,11436, USA. PURPOSE:General Purpose

LUXE N ROYALE LLC Arts. of Org. led with the SSNY on 11/15/2022. Ofce loc: Queens County. SSNY has been designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: THE LLC, 19912 119TH AVENUE, SAINT ALBANS, NY, 11412, USA. Purpose: Any Lawful Purpose.

URUSHI LLC Articles of Org. led NY Sec. of State (SSNY) 12/14/22. Ofce in Queens Co. SSNY desig. agent of LLC whom process may be served. SSNY shall mail process to 43-01 22nd St., #439, Long Island City, NY 11101. Purpose: Any lawful purpose.

BAITING HOLLOW L.I. HOLDINGS, LLC, Arts. of Org. led with the SSNY on 12/21/2022. O ce loc: Queens County. SSNY has been designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: e LLC, 14-20 136th Street, College Point, NY 11356. Purpose: Any Lawful Purpose.

K&C LISA LLC led Articles of Organization with the Secretary of State of New York (SSNY) on 12/27/2022. Ofce located in Queens County. SSNY has been designated for service of process and shall mail copy of any process served against the LLC to Lai Sim Znag, 104-46 39th Ave., Corona, NY, 11368, USA. Purpose: any lawful act.

20-49 LLC. Arts. of Org. led with the SSNY on 11/08/22. O ce: QueensCounty. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 20-49 23rd Street, Long Island City, NY 11105. Purpose: Any lawful purpose.

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