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A technical glitch caused Section B's essay to post twice. This is the proper essay for Section A. Given the time gap, you have until 4 p.m. next Monday, April 21 (the start of our make-up class) to turn this in.
UNITED STATES DISTRICT COURT
FOR THE DISTIRCT OF NEW HAMPSHIRE
KURT STOKINGER )
and EMILY STOKINGER, )
Plaintiffs )
v. ) No. 25-cv-0515
ARMSLIST, LLC, )
Defendant )
Complaint
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6. Armslist, LLC (“Armslist”) is a limited liability company organized and headquartered in Pennsylvania. It owns and operates Armslist, a Craigslist-style, for-profit, online firearms marketplace that enables users to sell firearms and firearm-related accessories to other users through website postings.
7. Kurt Stokinger (“Kurt”) is a Massachusetts citizen. Prior to 2016, he served as a Boston police officer.
8. Emily Stokinger (“Emily) is Kurt Stokinger’s wife and Massachusetts citizen.
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17. Armslist enables users seeking to purchase firearms and firearm-related products to identify and locate sellers and products offered for sale.
18. Armslist enables users seeking to sell firearms and firearm-related products to identify, locate, and offer sales to prospective buyers.
19. When creating a listing to purchase or sell a product, users are required by Armslist to input certain information. Required information includes the buyer or seller’s geographic location, the place in which the item is offered for sale or purchase, user email address, and a description of the items for sale or sought to be purchased.
20. Users can filter searches through keywords, including by location. This allows users to limit searches to items listed for sale in one state or in a defined group of states.
21. Users respond to listings by contacting the lister directly through an email embedded in the listing or through contact information provided in the listing. Users must provide the email and contact information in their listings.
22. All transactions are completed offline between purchaser and seller.
23. Purchasers and sellers report completed sales to Armslist, including location data on both parties to the sale. Armslist ensures that every sale occurs in the place where the sale is offered or purchase is sought.
24. Private parties are individuals who make occasional sales or purchases; they can make a limited number of postings but need not register an account with Armslist or pay a fee.
25. “Premium vendors” are typically federally licensed firearms dealers seeking to engage in more regular transactions. They must register an account, provide Armslist a copy of a federal firearms license, and receive approval from Armslist.
26. Premium vendors who fail to provide a copy of a federal firearms license must limit sales to non-firearm products (such as gun holsters).
27. Premium vendors pay recurring membership annual fees and can create an unlimited number of listings.
28. Armslist derives revenue from premium vendors’ membership fees and fees charged to third-party advertisers. Armslist does not obtain any revenue from private parties or private-party listings.
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37. In 2015, Derek McNamara posted a Glock Model 27 handgun for private sale on Armslist to any purchaser in any state.
38. Sara Johnson, a New Hampshire resident, responded to McNamara’s ad with an offer to purchase. Johnson used the location filter in seeking firearms to purchase.
39. McNamara agreed. After confirming Johnson had the required permits, he transferred the firearm to her in Warner, N.H.
40. McNamara and Johnson confirmed completion of the sale in New Hampshire.
40. Unbeknownst to McNamara, Johnson was a gun trafficker who used Armslist to conduct straw purchases for her then-boyfriend, Daniel Sullivan.
41. Johnson sold McNamara’s firearm to Grant Headley, a prohibited person with several felony convictions.
42. In January 2016, Headley used the firearm obtained from Johnson to shoot Kurt Stokinger multiple times in the leg. Stokinger was on duty at the time.
43. Kurt Stokinger suffered permanent injuries, prematurely ending his career as a police officer.
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57. Armslist negligently and recklessly designed, structured, maintained, and operated its website to actively encourage, enable, and assist the illegal sale and purchase of firearms by its users and to profit from those illegal sales.
58. These defects in design, structure, maintenance, and operation of the website enabled Headley to unlawfully obtain the handgun used in the shooting, ultimately causing Kurt Stokinger’s injuries.
Count I: Negligence (Kurt Stokinger)
Count II: Aiding and Abetting Tortious Conduct (Kurt Stokinger)
Count III: Loss of Consortium (Emily Stokinger)
UNITED STATES DISTRICT COURT
FOR THE DISTIRCT OF NEW HAMPSHIRE
KURT STOKINGER )
and EMILY STOKINGER, )
Plaintiffs )
v. ) No. 25-cv-0515
ARMSLIST, LLC, )
Defendant )
Defendant’s Motion to Dismiss all Claims for Lack of Personal Jurisdiction under FRCP 12(b)(2)
Jurisdictional Facts
1. The allegations relevant to jurisdiction in the Complaint are true.
2. Armslist had eight New Hampshire-based premium vendors in 2015, producing $ 1,670 in revenue. This comprised less than 0.4 % of Armslist’s 2015 revenue of more than $ 4 million.
3. Armslist had 11 New Hampshire-based premium vendors in 2016, producing $ 2,910 in revenue. This comprised less than 0.4 % of Armslist’s 2016 revenue of more than $ 7 million.
4. On request, Armslist produced one email communication with one New Hampshire firearms dealer in 2015-16—a New Hampshire firearms dealer provided a copy of its federal firearms license, as required to engage in sales on the site.
5. On request, Armslist identified no documents or information pertaining to advertising or soliciting of listings from any user in New Hampshire or to other efforts to increase sales from New Hampshire residents in 2015 or 2016.
6. On request, Armslist identified no documents or information showing communications with New Hampshire-based private parties or third-party advertisers in 2015 or 2016.
7. Armslist did not actively recruit premium vendors in New Hampshire.
8. Armslist did not attend any trade shows or gun shows in New Hampshire in 2015 or 2016.
9. Armslist does not review individual ads prior to their posting.
10. From 2018 through 2020, Armslist hosted an average of 16, 277 listings (seeking to buy and/or sale) per year from New Hampshire-based private parties.
11. As of January 2025, there were 1,607 active listings for items located in New Hampshire.
12. The filtering feature on the website works with a drop-down bar listing each state in the United States and “United States.” Users click the state (or multiple states) to which they wish to limit the search. If they want to search the United States as a whole, they click “United States.” Users must enter some geographic location to conduct a search.
N.H. Rev Stat. § 510.4: Long Arm Jurisdiction
The Courts of New Hampshire may exercise personal jurisdiction on any basis not inconsistent with the Constitution of the United States and of New Hampshire.
For Defendant, argue in support of the motion (Essay # 9)
For Plaintiffs, argue in opposition to the motion (Essay # 10)
