AG Platkin, Division of Consumer Affairs Announce Civil Suit Against Nevada Firearms Company that Sold Large Capacity Magazines into NJ, Including to an Undercover State Investigator
TRENTON –Attorney General Matthew J. Platkin and the Division of Consumer Affairs (“Division”) announced today that the State filed a civil lawsuit against a Nevada firearms company that sold and shipped more than two dozen large capacity ammunition magazines (“LCMs”) into New Jersey, including to a Division investigator working undercover. New Jersey law prohibits the possession of firearm magazines that are capable of holding more than 10 rounds of ammunition. LCMs allow a shooter to fire a dangerously high number of bullets at a time without ever pausing to reload. Violent incidents that involve LCMs often result in more shots fired, more persons wounded, and more wounds per victim than gun attacks that do not involve LCMs. Defendant Arms Unlimited, Inc. sells firearms and related equipment and supplies from its walk-in retail store in Henderson, Nevada and online via the company’s website. The State alleges that over a three-year period, Arms Unlimited unlawfully sold at least 30 firearm magazines capable of holding 11 to 20 rounds of ammunition into New Jersey, including 17 LCMs sold and shipped to an undercover investigator on two separate occasions. “Large capacity magazines are capable of inflicting the most lethal damage possible in the shortest period of time, and we have zero tolerance for their unlawful presence in our state,” said Attorney General Platkin. “To protect our communities from the devastation of mass shootings and other gun violence, we will continue to take action against companies that market and ship these dangerous weapons into New Jersey in violation of our laws.” In a three-count civil complaint filed in New Jersey Superior Court in Essex County yesterday, the State alleges that Arms Unlimited engaged in unconscionable commercial practices and deceptive conduct in violation of the Consumer Fraud Act and the Hazardous Products Regulations by advertising and selling LCMs that were illegal to possess in New Jersey without warning New Jersey purchasers that possession of an LCM is a fourth-degree crime in this state punishable by a fine of up to $10,000 and imprisonment of up to 18 months. The complaint also alleges that Arms Unlimited engaged in “misrepresentations and knowing omissions of material fact” in violation of the Consumer Fraud Act by failing to disclose on its website, and in promotional emails advertising LCMs that were sent to email addresses linked to New Jersey addresses, that possession of an LCM in New Jersey is unlawful and that buyers are subject to criminal prosecution. “Arms Unlimited’s alleged unlawful advertisement and sale of illegal large capacity magazines in New Jersey demonstrate a blatant disregard for our consumer protection laws,” said Cari Fais, Acting Director of the Division of Consumer Affairs. “By taking action against this business we are not only fulfilling our duty to provide transparency in our marketplace, we are also preventing dangerous, illegal devices from coming into our state.” According to the allegations contained in the complaint, on July 25, 2022, a Division investigator acting in an undercover capacity used the Arms Unlimited website to purchase two 13-round LCMs and five 12-round LCMs. At no point during the online checkout process, including after entering a New Jersey shipping address, was the Division investigator prevented from placing the order, warned that the items selected for purchase are illegal to possess in New Jersey, or otherwise notified that these products may be restricted in certain jurisdictions. The order containing all seven LCMs was delivered to a New Jersey address on July 28, 2022. On August 26, 2022, acting under a different undercover identity, the Division investigator used the website to purchase three 11-round LCMs, five 12-round LCMs, two 13-round LCMs, and one 75-round LCM. The investigator was not prevented from placing the order or warned that the products were illegal to possess in New Jersey. Two days later, the investigator’s undercover email address received an email from Arms Unlimited acknowledging that “[t]he magazines you ordered are considered ‘high capacity’ in your state,” and claiming that the order would be canceled unless the recipient confirmed they were law enforcement. The investigator did not respond to the email. The order, containing all but the 75-round LCM, was shipped to a New Jersey address on September 3, 2022. Based on sales records produced by Arms Unlimited during the course of the investigation, the Division identified additional orders for 13 LCMs ranging from 12 to 20 rounds that the company shipped to New Jersey consumers between June 2019 and December 2021. The State’s lawsuit seeks to impose the maximum statutory civil penalties and to require Arms Unlimited to disgorge any monies acquired through its unconscionable commercial practices and acts of deception. The suit also seeks a court order directing the company to block the shipping of LCMs to any New Jersey address and to post a clear statement on its website that LCMs are unlawful in New Jersey. New Jersey law has long prohibited the possession and sale of large capacity magazines capable of carrying 15 rounds or more. Responding to the national rise in active and mass shootings, in June 2018, Governor Phil Murphy signed into law a package of common-sense gun safety measures that included a bill reducing the maximum capacity of LCMs from 15 to 10 rounds. The lawsuit against Arms Unlimited is the latest effort by the Office of the Attorney General and the Division of Consumer Affairs to protect New Jersey residents from illegal firearm products and gun violence. Most recently, in January 2024, Indiana-based firearms dealer Element Armament, LLC agreed to stop advertising, offering for sale, and selling LCMs to New Jersey residents, and to prevent the ordering and shipping of its LCMs to any New Jersey addresses, in order to resolve allegations stemming from an undercover investigation conducted by the Division. The investigation of Arms Unlimited was conducted by Investigator Aziza Salikhova, of the Office of Consumer Protection within the Division of Consumer Affairs. The State is represented in the civil lawsuit by Deputy Attorney General Sara J. Koste and Deputy Attorney General/Assistant Section Chief Monisha A. Kumar, under the supervision of Section Chief Jesse J. Sierant of the Consumer Fraud Prosecution Section, within the Affirmative Civil Enforcement Practice Group of the Division of Law. .
| 