New Jersey Sues Texas Company for Selling Bump Stocks Despite State Law Prohibition

The New Jersey Attorney General, Matthew J. Platkin, and the Division of Consumer Affairs have filed a civil lawsuit against RW Arms, Ltd., a Texas-based company that advertised and sold bump stocks to New Jersey consumers. Bump stocks, which can be attached to semi-automatic rifles to increase their rate of fire, are prohibited in New Jersey and can lead to more shots fired, more persons wounded, and more wounds per victim in violent incidents. The state alleges that RW Arms violated New Jersey's Hazardous Products Regulations and engaged in unconscionable commercial practices by advertising and selling bump stocks without warning consumers that possession is a third-degree crime.

Key Takeaways:

• The lawsuit alleges that RW Arms unlawfully advertised, offered for sale, and sold bump stocks to consumers in New Jersey through its website, despite New Jersey law prohibiting the possession of such devices.
• The State's complaint alleges that RW Arms engaged in unconscionable commercial practices and deceptive conduct by advertising and selling bump stocks without warning consumers of the risks associated with their possession.
• RW Arms' website advertised bump stocks with a promotion stating "Supreme Court lifts Bump Stock ban!", despite the Court's decision leaving undisturbed state laws banning bump stocks.
• An investigator from the Division, acting in an undercover capacity, purchased a "Bump Fire System Stock" from the RW Arms website on two occasions, with no warning of the device's illegality in New Jersey.
• The State's lawsuit seeks to impose the maximum statutory civil penalties, require RW Arms to disgorge any monies acquired through its unconscionable commercial practices, and direct the company to block the shipping of bump stocks to any New Jersey address.
• The lawsuit 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.
• Other recent actions by the Office of the Attorney General include a November 2024 settlement with Dick's Sporting Goods, in which the company agreed to pay $46,000 in civil penalties and attorneys' fees for selling large-capacity magazines.
• Element Armament, LLC, a firearms dealer based in Indiana, was also required to stop advertising, offering for sale, and selling large-capacity magazines to New Jersey residents in January 2024.

Statistics:

• In 2017, a shooter used rifles equipped with large capacity ammunition magazines and bump stocks to fire more than 1,000 rounds in less than ten minutes into a crowd in Las Vegas, Nevada, killing 58 people and wounding over 800.
• Bump stocks can cause semi-automatic rifles to fire almost as quickly as machine guns, leading to more shots fired, more persons wounded, and more wounds per victim in violent incidents.
• New Jersey law prohibits the possession of bump stocks, which can be attached to semi-automatic rifles to increase their rate of fire.
• The Supreme Court of the United States struck down a federal rule designating bump stocks as prohibited machine guns in June 2024, but left undisturbed state laws banning bump stocks.

Sources:

• "New Jersey Sues Texas Company for Selling Bump Stocks", Attorney General Matthew J. Platkin, Division of Consumer Affairs, [2024]
• Complaint for Civil Penalties and Other Relief, State of New Jersey v. RW Arms, Ltd., New Jersey Superior Court in Essex County, [2024]