Service of Process / Subpoena

This document provides information for Law Enforcement Agencies or civil or criminal courts who wish to request information from GunBroker.com, LLC on a voluntary basis or via subpoena. Please read this information carefully and follow our instructions to ensure that you receive the information that you are requesting.

GunBroker.com, LLC is an information service provider as defined by Federal law and is entitled to payment for certain records request subpoenas under State and Federal law. You may be required to pay for costs incurred by GunBroker.com, LLC in complying with subpoenas pursuant to 18 U.S.C.§ 2706.  GunBroker.com, LLC may, at its sole discretion, elect to waive payment. If you are unsure about the payment amount, fax or email the subpoena to us with a note requesting an estimate of the cost.

Working with Law Enforcement Agencies

If you are a member of a Law Enforcement Agency (LEA) investigating a potential crime within your department's jurisdiction that may involve a buyer or seller on this web site, you can request records from GunBroker.com, LLC on a voluntary basis or by subpoena.

"Law Enforcement Agency" means any municipal, county, state or federal government staffed and operated agency whose primary purpose is law enforcement, and/or criminal investigation, as contemplated by the GLBA (15 U.S.C. § 6801, et seq., and 15 U.S.C. § 6821, et seq.)

If you wish to send us a subpoena, please follow the procedures set forth below in the section titled Service of Process by Law Enforcement.

To request records on a voluntary basis, follow the procedure set forth below in the section titled Voluntary Cooperation.

Service of Process by Law Enforcement

GunBroker.com, LLC accepts service of subpoenas, warrants, court orders, and other judicially required requests for information, subject to payment of costs, at:

 

Physical service may be made on the agent for service of process for GunBroker.com, LLC at:

GunBroker.com, LLC

attn: Legal

PO BOX 2511

Kennesaw, GA 30156

Acceptance of service by email or fax is strictly conditioned upon payment of charges.  GunBroker.com, LLC reserves the right to require payment in advance, to withhold delivery of information until payment is received, and to seek enforcement of payment of such charges. Entities that fail to pay charges must serve process by the Registered Agent within the appropriate state.

Requesting parties will be notified if hourly charges apply and can receive a non-binding estimate.

  Voluntary Cooperation

We will not voluntarily release any information without a written (not phone, fax or email) request as specified below. You must mail us a letter on department letterhead containing the following info:

1) Stating that you are a member of a Law Enforcement Agency and are conducting an official investigation into a crime or suspected crime within the LEA's jurisdiction.

2) Stating as specifically as possible what information you are requesting from us: buyer or seller names, addresses, item listings, transaction details, etc.

3) Giving us a short overview of the suspected problem (sale of stolen items, defrauding buyers, etc.) and any known information (user names, email address, item numbers, dates, etc.) to help us determine if there is any additional info not specifically requested that may help the investigation. Our database contains over a million users and a hundred million items, so the more information you can give us, the more thorough we can be in our search.

If the above is done we are typically very helpful as we do not want anything illegal going on that involves this site in any way. However, our Privacy Policy is a binding contract between our customers and GunBroker.com, LLC and we must be careful of what we release to avoid violating privacy laws.

The letter should be mailed to:

GunBroker.com, LLC

attn: LEA Request

PO BOX 2511

Kennesaw, GA 30156

Please note that sending Certified Mail, Express Mail, or other mail that requires a signature to the PO Box address identified above may result in the item being delayed or possibly returned by the US Postal Service.  

Civil Subpoenas

We do not accept service of civil subpoenas or requests for information from private parties by email, fax, or mail. All such requests must be correctly served on the Registered Agent for service of process for GunBroker.com, LLC available from the applicable secretary of state.  GunBroker.com, LLC’s ability to respond to civil requests is limited by federal and state privacy requirements and all other applicable federal and state laws.  Please consult applicable laws and obtain our subscribers written, signed consent and/or proper judicial authorization prior to making any request. 

  Time for Response

Requests are handled in the order received, subject to other pending expedited requests.  Account and transaction detail requests should be limited to the narrowest period of time possible or a significantly longer time may be required to respond. Expedited response for pure account information, if available resources permit, will be given priority handling.

Status Requests and Questions

Questions and status requests will only be accepted by one of the following methods. For security reasons, all questions should be submitted in writing along with a copy of the subpoena and response.

GunBroker.com, LLC

attn: LEA Request

PO BOX 2511

Kennesaw, GA 30156

To prevent delays in response to your request and those of others, please do not ask for the status of a request for at least 10 business days.  You may then mail or fax a copy of your original subpoena with a cover page asking for the status.

Cost Reimbursement

(18 U.S.C.§ 2706)  "...a governmental entity obtaining the contents of communications, records, or other information... shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored."

To defer the cost to GunBroker.com, LLC of compliance,  payment of the following minimum fees is required for all subpoena, court order and warrant requests.

$40.00	Per account for basic information
$80.00	Per account for expedited handling (no more than ten business days)
$40.00/year	Detail transaction records.
$25.00	Data on CD-ROM
$25.00	Express delivery
$80.00/hr./staff	Requests requiring greater than 0.5 hours ($40.00 minimum)
$80.00 plus $150.00/hr./staff	Expedited handling, if available
Payment methods	(Please include reference number on invoice and subpoena number when sending payments.)
Check:	Make payable to GunBroker.com, LLC Contact us if you need our Tax ID number. Mail to: GunBroker.com, LLC PO BOX 2511 Kennesaw, GA 30156
Questions regarding costs or cost estimates

Additional charges may apply for (i) requests that are voluminous in nature, (ii) requests for information that are not retrievable in the ordinary course of business or (iii) Court Orders requiring interception of communications.

General

Please keep in mind that GunBroker.com, LLC dba GunBroker.com is not the seller of ANY of the firearms listed on the web site; all firearms are listed by third-party sellers. We are no different than the classified ads in a newspaper. Our knowledge of the transaction is limited to the information contained in our item listing, bidding, and user registration databases.

Please note that sending Certified Mail, Express Mail, or other mail that requires a signature to the PO Box address identified above may result in the item being delayed or possibly returned by the US Postal Service.

For hand delivery, Georgia law requires that you serve our Registered Agent on file with the Secretary of State.

Any questions regarding subpoena delivery should be addressed to us in writing at the above PO Box address.

We do not accept service or requests for information at any other location, email address, or fax number other than those identified above.

As per the terms of our User Agreement and Privacy Policy, we have certain obligations to our registered users to protect their privacy, and will cooperate in requests for information within the bounds of that policy. However, we can and typically will assist in resolving issues of fraud committed against our buyers or sellers, or in the event of a crime committed through the user's use of our web site.

Any questions from any third party regarding Law Enforcement Agencies requesting information should be addressed to us in writing at the above address.  However, pending investigations may prevent GunBroker.com, LLC from providing specific information.