Connecticut Superior Court Judge Daniel Klau issued a ruling in the case State v. Indie Guns LLC on August 13, 2026, addressing whether the Connecticut Unfair Trade Practices Act (CUTPA) applies to deceptive advertisements on a Florida-based company's website. The court concluded that CUTPA applies only to unfair or deceptive acts occurring within Connecticut's trade or commerce, defined by statute as activities "in this state," including advertising, sale, or distribution of services or property.

The case arose after Connecticut enacted "An Act Concerning Ghost Guns" in 2019 to combat untraceable firearms lacking serial numbers. In March 2023, the Connecticut Office of the Attorney General filed a civil lawsuit against four out-of-state firearm companies, including Indie Guns LLC, alleging violations related to marketing ghost gun parts.

Indie Guns failed to respond to the lawsuit, prompting the state to seek a default judgment and a civil penalty of $5,000 per day for 1,539 days (from October 1, 2020, to the damages hearing) for operating its website. The state presented evidence of a single sale of ghost gun parts to an undercover agent in Connecticut but did not seek penalties based on that sale.

Judge Klau ruled that operating an interactive website alone does not constitute engaging in trade or commerce in Connecticut. Applying CUTPA to out-of-state companies solely on the basis of their website content would exceed the statute's geographic limits and potentially expose foreign companies nationwide or globally to liability.

The court thus rejected the requested $7.7 million civil penalty against Indie Guns LLC. The ruling highlights the legal boundaries of state consumer protection laws in the context of internet commerce and ghost gun regulation.

Notable Quotes

  • "The advertising, the sale or rent or lease, the offering for sale or rent or lease, or the distribution of any services and any property … in this state." (Connecticut statute defining trade and commerce)
  • "To address the growing public safety threat posed by untraceable firearms. Ghost guns are privately made firearms that do not have serial numbers and cannot be traced back to the original owner or dealer." (Connecticut's 2019 Ghost Guns Act)
  • "Are sufficient on their face to make out a valid claim for the relief requested." (Court on the state's claims)
  • "The state does not seek a civil penalty on [the] basis of that sale." (Regarding the single sale to an undercover agent)
  • "TO ALL YOU GOVT ANTI-GUN ASS CLOWNS, YES! THESE ARE UNTRACEABLE UNSERIALIZED UNREGISTERED GHOST GUNNERS! AND YOU CAN'T DO SHIT ABOUT IT!!!" (Statement from the company)

Sources