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Police officer or law enforcement investigating a potential crime

(last updated on 10/7/2010)
This document provides information for (1) governmental entities, such as state and federal Law Enforcement Agencies and civil or criminal courts, that seek information from GunBroker.com on a voluntary basis or via subpoena, and (2) private persons/entities that seek information from GunBroker.com via civil subpoena. Please read this information carefully and follow our instructions to ensure that you receive the information that you are requesting.   

Please keep in mind that GunBroker.com, LLC, d/b/a GunBroker.com, is not the seller of ANY of the firearms listed on the website. All firearms are listed by third-party sellers. We are no different than the classified ads in a newspaper. Our knowledge of transactions is limited to the information contained in our item listings, biddings, and user registration databases.


Subpoena/Records Request by
Governmental Entity/Law Enforcement Agency


GunBroker.com, LLC is an "Information Service Provider" as defined by Federal law. If you are a member of a Law Enforcement Agency (LEA) or other Governmental Entity (GE) investigating a crime or potential crime within your department's jurisdiction that may involve a buyer or seller on this website, you can request records from GunBroker.com by subpoena or on a voluntary basis

"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 Gramm-Leach-Bliley Act (15 U.S.C. § 6801, et seq.). "Governmental Entity" means a department or agency of the United States or any State or political subdivision thereof. (18 U.S.C. § 2711(4)).

To obtain records via subpoena, please follow the procedures set forth below in the section titled Service of Process by Law Enforcement.

To obtain records on a voluntary basis, please follow the procedures set forth below in the section titled Written Request by Law Enforcement for Records by Voluntary Cooperation..

As per the terms of our User Agreement and Privacy Policy, we have certain obligations to our registered users to protect their privacy. We will cooperate with subpoenas and requests for information within the bounds of our User Agreement and Privacy Policy. We can, and typically will, assist in resolving issues of fraud committed by or against our buyers or sellers or in the event of a crime or potential crime committed through a user's use of our website. Any questions from a third party regarding an LEA or GE's request for information should be addressed to us in writing at:

GunBroker.com, LLC
attn: Legal
PO BOX 2511
Kennesaw, GA 30156

Note that pending investigations may prevent GunBroker.com from providing specific information in response to a third party inquiry.


Service of Process by Law Enforcement


Service by LEAs and GEs of subpoenas, warrants, court orders and other judicially required requests for information may be made on our agent for service of process for GunBroker.com at:

GunBroker.com, LLC
attn: LEA Subpoena
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 U.S. Postal Service.

As a courtesy, GunBroker.com also accepts service of subpoenas, warrants, court orders and other judicially required requests for information from LEAs and GEs by e-mail or fax at:



Acceptance of service of subpoenas by e-mail or fax is offered pursuant to your agreement to reimburse our costs incurred in responding, pursuant to 18 U.S.C. §§ 2703 and 2706 and GunBroker.com's Document Request/Subpoena Authorization Form (discussed below). If you fail to reimburse our costs, we reserve the right to seek enforcement of reimbursement, and in the future we may refuse to accept service of subpoenas from your entity by e-mail or fax.

Note that for hand delivery of our response to a subpoena, Georgia law requires that you serve the subpoena on our Registered Agent on file with the Secretary of State.


Written Request by Law Enforcement for Records by Voluntary Cooperation


GunBroker.com accepts requests by an LEA or GE for records by voluntary cooperation, but we will not voluntarily release any information unless the request complies with the following requirements.

Your request must be in writing and on department letterhead and contain:

1) A statement that you are a member of an LEA or GE and are conducting an official investigation into a crime or suspected crime within the LEA or GE's jurisdiction.

2) A specific statement describing the information you are requesting: buyer or seller names, addresses, item listings, transaction details, etc.

3) A brief overview of the basis for the request (e.g., suspected sale of stolen items, defrauding buyers, etc.) and any known information (e.g., user names, email addresses, item numbers, dates, etc.) to help us determine if there is any additional information not specifically requested that may aid in the investigation. Our database contains over a million users and a hundred million items, so the more information you provide, the more accurate and efficient we can be.

We will not accept service of a written request for voluntary cooperation by fax or e-mail. The request must be made on our agent for service of process for GunBroker.com at:


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 will result in the item being delayed or possibly returned by the US Postal Service.


The LEA or GE is required to reimburse our costs incurred in responding to a request for records by voluntary cooperation, pursuant to 18 U.S.C. §§ 2702 and 2706 and GunBroker.com's Document Request/Subpoena Authorization Form (discussed below). If an entity fails to reimburse our costs, we reserve the right to seek enforcement of reimbursement of such costs.


Civil Subpoenas and Requests for Information
by Private Persons/Entities


GunBroker.com accepts service of civil subpoenas and other judicially required requests for information. Service of civil subpoenas or requests for information by private parties/entities must be made on the Registered Agent for Service of Process for GunBroker.com available from the applicable Secretary of State. We do not accept service of civil subpoenas or requests for information by email, fax, or mail.

GunBroker.com's response to your request for records is subject to pre-payment of our costs incurred in responding. You must fill out and return GunBroker.com's Document Request/Subpoena Authorization Form before we will fulfill your request. If you fail to pre-pay our costs, we reserve the right to withold the documents until payment is made.
GunBroker.com' s ability respond civil subpoenas requests for is limited our Privacy Policy, privacy laws, by all other federal state laws. Please consult applicable laws obtain written, signed consent of the user whose information you seek and or judicial authorization prior to making any request.< font>


Costs

To defer the cost to GunBroker.com of compliance with subpoenas and requests for information, pre-payment of the following minimum fees is required for all civil subpoenas and requests for information, and reimbursement of the following minimum fees is required for all LEA and GE record requests, whether by subpoena or on a voluntary basis.

Under 18 U.S.C. §§ 2702, 2703 and 2706, GunBroker.com can require an LEA or GE to reimburse it for costs incurred in responding to state and federal subpoenas and voluntary requests for communications, records or other information, as long as such costs "are reasonably necessary" and are "directly incurred in searching for, assembling, reproducing, or otherwise providing such information," including "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."

Requesting parties will be notified if hourly charges apply. If you would like a non-binding estimate of costs, please fax or email the subpoena or request to us with a letter stating that you would like an estimate before we proceed, and we will provide an estimate within a reasonable amount of time.

GunBroker.com may, in its sole discretion, elect to waive any of these fees, such as in the case of an emergency or imminent threat of danger. 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.


$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


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 possible date range in order to minimize the time it will take us to respond. Responses for basic account information, if available resources permit, will automatically be given priority handling.


Status Requests and Questions

Questions and status requests will be accepted only by one of the following methods. For security reasons, all questions should be submitted in writing along with a copy of the subpoena or request and, when applicable, GunBroker.com's response, to: .

GunBroker.com, LLC
attn: LEA Request
PO BOX 2511
Kennesaw, GA 30156


To prevent delays in our response to your subpoena or request and those of others, please do not seek a status update for at least 10 business days after service on us, unless we have ageed to expedited processing. You may then mail or fax a copy of your original subpoena with a cover letter requesting a status update.

subpoena crime police fraud law