Mercer Times

Attorney General Matthew J. Platkin and the Division of Consumer Affairs announced today that the State has filed a civil lawsuit against a Nevada firearms company for selling and shipping over two dozen large capacity ammunition magazines (LCMs) into New Jersey, including to an undercover investigator from the Division.

New Jersey law prohibits the possession of firearm magazines capable of holding more than 10 rounds of ammunition. LCMs allow shooters to fire a high number of bullets without pausing to reload, which can result in more shots fired and more severe injuries during violent incidents.

The defendant, Arms Unlimited, Inc., sells firearms and related equipment from its retail store in Henderson, Nevada, and online through its website. The State alleges that over three years, Arms Unlimited unlawfully sold at least 30 firearm magazines capable of holding 11 to 20 rounds into New Jersey. This includes 17 LCMs sold and shipped to an undercover investigator on two 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 by advertising and selling LCMs illegal to possess in New Jersey without warning purchasers about the legal consequences. Possession of an LCM is a fourth-degree crime punishable by up to $10,000 in fines and up to 18 months imprisonment.

The complaint also alleges that Arms Unlimited made “misrepresentations and knowing omissions of material fact” by failing to disclose on its website or promotional emails that possession of an LCM is unlawful in New Jersey.

“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 allegations contained in the complaint:

- On July 25, 2022: A Division investigator purchased seven LCMs using Arms Unlimited's website without any warnings or restrictions regarding their legality.

- On August 26, 2022: The same investigator placed another order under a different identity for multiple LCMs without any warnings during checkout. An email from Arms Unlimited later acknowledged the illegality but still shipped most items after no response from the investigator.

Based on sales records produced during the investigation, additional orders for 13 LCMs were identified as having been shipped to New Jersey consumers between June 2019 and December 2021.

The State seeks maximum statutory civil penalties against Arms Unlimited along with disgorgement of monies acquired through these practices. The lawsuit also demands that Arms Unlimited block shipments of LCMs to any New Jersey address and post clear statements on its website regarding their illegality.

New Jersey law has long prohibited large capacity magazines carrying over ten rounds since June 2018 when Governor Phil Murphy signed legislation reducing allowable magazine capacities responding to national trends in active shootings.

This lawsuit is part of ongoing efforts by the Office of Attorney General and Division Of Consumer Affairs aimed at protecting residents from illegal firearm products. In January 2024 Indiana-based Element Armament LLC agreed under similar circumstances following another undercover investigation conducted by this division.

Investigator Aziza Salikhova conducted this investigation within Office Of Consumer Protection while Deputy Attorneys General Sara J Koste & Monisha A Kumar represent state under supervision Jesse J Sierant Consumer Fraud Prosecution Section Affirmative Civil Enforcement Practice Group Division Law

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