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Thursday, November 21, 2024

New Jersey settles with Dick's over illegal ammo magazine sales

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Matthew J. Platkin Attorney General | New Jersey Department of Law and Public Safety

Matthew J. Platkin Attorney General | New Jersey Department of Law and Public Safety

Attorney General Matthew J. Platkin and the Division of Consumer Affairs have reached a settlement with Dick’s Sporting Goods, Inc. regarding allegations that the retail chain unlawfully sold large capacity ammunition magazines (LCMs) into New Jersey through its former subsidiary, Field and Stream. The state prohibits LCMs, defined as firearm magazines holding more than 10 rounds of ammunition.

In a consent order filed with the Division, Dick’s Sporting Goods agreed to pay $46,000 in civil penalties and attorneys’ fees. They also committed to abide by injunctive terms addressing the allegations from 2022. As part of the agreement, Dick’s Sporting Goods stated it has stopped selling firearms, ammunition, and related products like LCMs.

"Keeping large capacity magazines out of New Jersey is essential to the work we’re doing to make our communities safer," said Attorney General Platkin. "We will continue to investigate and hold accountable retailers who undermine our efforts."

Cari Fais, Director of the Division of Consumer Affairs, added: "Our consumer protection laws prohibit businesses from unlawfully advertising and selling products that are illegal to possess in this state."

The Division's investigation alleged that Dick’s Sporting Goods violated New Jersey’s Consumer Fraud Act and Hazardous Products Regulations by not disclosing that possessing LCMs in New Jersey is a crime. An undercover investigator purchased six LCMs via Field and Stream's website last year.

As part of the settlement terms, if Dick’s Sporting Goods resumes online sales of LCMs in the future, they must avoid directing advertisements at New Jersey consumers and cannot ship LCMs to any address within the state. Additionally, policies prohibiting such advertising and shipping must be maintained.

The company will clearly disclose on its website product pages that certain U.S. jurisdictions restrict magazine sales and that it cannot process prohibited transactions. They must also disclose New Jersey's prohibition on LCM possession.

Investigator Aziza Salikhova conducted the investigation for the Office of Consumer Protection within the Division of Consumer Affairs. Deputy Attorneys General Sara J. Koste and Monisha A. Kumar represented the State in this matter under Section Chief Jesse J. Sierant and Assistant Attorney General Jennifer S. Schiefelbein.

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