AG Platkin, Division of Consumer Affairs Reach Settlement with Dick’s Sporting Goods Resolving Allegations that Retail Chain Unlawfully Sold Large Capacity Magazines into New Jersey
TRENTON – Attorney General Matthew J. Platkin and the Division of Consumer Affairs (“Division”) today announced a settlement with Dick’s Sporting Goods, Inc., resolving allegations that the retail chain violated New Jersey’s consumer protection laws by selling and shipping large capacity ammunition magazines (“LCMs”) into the state through its former subsidiary, Field and Stream. New Jersey law prohibits the possession of LCMs, which New Jersey defines as firearm magazines that can hold more than 10 rounds of ammunition. LCMs can range from 11 rounds of ammunition to 100 rounds or more, allowing a shooter to fire a high number of bullets in a short amount of time without requiring the shooter to pause and reload. As a result, gun violence involving LCMs can result in more shots fired, more persons wounded, and higher fatalities than other gun attacks. Tragically, given their heightened deadliness, LCMs have frequently been used in mass shootings. In a consent order filed with the Division today, Dick’s Sporting Goods, formerly doing business as Field and Stream, agreed to pay $46,000 in civil penalties and attorneys’ fees and abide by injunctive terms resolving allegations that it unlawfully sold LCMs into New Jersey in 2022. As part of the settlement, Dick’s Sporting Goods represented that it has discontinued the sale and shipment of firearms, ammunition, and related products, including LCMs. “Keeping large capacity magazines out of New Jersey is essential to the work we’re doing to make our communities safer and protect our residents from the threat of mass shootings and other senseless gun violence,”
said Attorney General Platkin. “We will continue to investigate and hold accountable retailers who undermine our efforts by unlawfully shipping illegal ammunition magazines into our state that are capable of inflicting maximum lethal damage in a minimum period of time.” “Our consumer protection laws prohibit businesses from unlawfully advertising and selling products that are illegal to possess in this state,”
said Cari Fais, Director of the Division of Consumer Affairs. “We are committed to vigorously enforcing these laws, especially when it comes to selling prohibited products like LCMs that threaten the peace and safety of our residents.” Based on its investigation, the Division alleged that Dick’s Sporting Goods violated New Jersey’s Consumer Fraud Act and Hazardous Products Regulations by advertising, offering for sale, and selling LCMs to New Jersey residents without disclosing that knowingly possessing LCMs in New Jersey is a crime. Specifically, on July 9 and August 10, 2022, a Division investigator operating undercover used the Field and Stream website to purchase a total of six LCMs – four 13-round magazines and two 12-round magazines – that were shipped from a New York distribution center to an undercover address in New Jersey. Last year, Dick’s Sporting Goods sold its intellectual property related to the Field and Stream brand and no longer does business or operates under the Field and Stream tradename. Under the terms of the settlement announced today, the chain is obligated to take specific steps to improve its business practices if it resumes the online sale of LCMs at any time in the future. Specifically, under the terms of the agreement, if Dick’s Sporting Goods resumes the online sale of LCMs, it will not direct advertisements of LCMs to New Jersey consumers and is prohibited from shipping LCMs to any New Jersey address in violation of the law. Dick’s Sporting Goods will also maintain policies regarding the prohibition of advertising and shipping LCMs to consumers in New Jersey and ensure that all employees charged with advertising, reviewing, or fulfilling LCM purchases are apprised of such policies. The chain also will clearly and conspicuously disclose on LCM website product pages that certain U.S. jurisdictions restrict firearm magazine sales and that Dick’s Sporting Goods cannot process sales and shipments prohibited by law. The chain will also be required to specifically disclose on its website that New Jersey prohibits the possession of LCMs and preserve documents regarding the sale of LCMs to any New Jersey shipping address. Investigator Aziza Salikhova of the Office of Consumer Protection within the Division of Consumer Affairs conducted the investigation. 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 and Assistant Attorney General Jennifer S. Schiefelbein of the Affirmative Civil Enforcement Practice Group within the Division of Law, represented the State in the investigation and settlement with Dick’s Sporting Goods. ###
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