N.J. Gun Shop Punished via Civil Suit for Breaking Non-Law

A 2022 law allows N.J. to civilly sue companies for “knowingly or recklessly” causing endangerment. Attorney General Plakin celebrated a court order punishing a dealer for their non-criminal activity.

The Firearms Industry Public Safety Law–P.L. 2022, c.056 (A1765 1R CC)–is a 2022 law signed by Governor Phil Murphy, D-N.J. The law allows the state to take civil action against those in the firearms industry they found to have “endangered the safety and health of New Jersey residents.” On July 24, 2025, Platkin’s office announced “a significant victory against” a dealer who sold ammunition to undercover agents–legally–without verifying the buyer’s eligibility to possess firearms.

In New Jersey, buyers of long gun ammunition do not need to provide any special documentation to complete a transaction. Buyers, however, must be above the age of 18. While federal law prohibits disqualified persons from possessing firearms or ammunition, there’s no provision in New Jersey’s–or the federal–law that requires eligibility to be proven prior to a sale. In the case of handgun or pistol ammunition, buyers in N.J. are required to present either a firearms owners identification card, pistol purchaser’s permit, or permit to carry–and must be 21-years of age.

Attorney General Platkin took action against Butch’s Gun World because they legally sold “over a thousand rounds of AR-15 ammunition and other gun-related products in cash to undercover investigators.” Platkin further states that Butch’s Gun World allowed the sale to occur “without making any effort to determine if they could lawfully possess a firearm.” Resulting from the sting operation, Platkin sued Butch’s Gun World.

Attorney General Matthew Platkin created the Statewide Affirmative Firearms Enforcement Office in July 2022. The office was created in order to execute action using the Firearms Industry Public Safety Law. The law is a product of a growing tactic to use civil actions against Second Amendment related activity–such as so-called “red flag” laws–to strip those who are targeted from retaining any criminal protections. Such laws also leave a wide breadth for those leveraging action to use potentially questionable discretion.

No criminal statute was used in the actions against Butch’s Gun World, therefore they were not allowed any protections provided under the Constitution.

On July 22, a decision and summary judgment were issued against Butch’s Gun World. Superior Court Judge Robert Malestein wrote in the decision that “the facts clearly and convincingly establish that Butch’s Gun World, as a gun industry member, has failed to establish, implement, and enforce reasonable controls of the sale of gun-related products and under our statute, has engaged in conduct which is a public nuisance by violated [sic] N.J.S.A. 2C: 58-35(a)(2).”

The opinion also makes the following important observations:

Defendant further posits that there is no requirement under the statute to require identification from the purchaser, no requirement for a criminal background check and no requirement for proof of a firearms purchaser identification card. The Plaintiff, however, argues that the use of the word “reasonable” is common in many statutes and the lack of specificity with regard to what would be required to establish reasonable controls does not render the statute unconstitutional. This Court is not positioned to determine whether the statute is unconstitutionally vague and will not do so [emphasis added].

“This gun store was selling the same kind of ammunition used in mass shootings without taking any steps to determine if the buyers were even lawfully permitted to possess a firearm,” said Attorney General Platkin. “The judge explicitly found that the store had no safeguards in place to stop it from selling to people prohibited by law from possessing firearms, and that is a violation of our laws. I’m grateful for his commonsense, straightforward ruling, which will keep New Jersey citizens safe.”

The order states:

Butch’s Gun World shall establish, implement, and enforce, without exception, procedures and business practices that are reasonably designed to prevent the sale or distribution of any gun-related product to a person prohibited from possessing a firearm under State or federal law.

The order further stipulates that Butch’s can only complete transactions with those “persons who are licensed under New Jersey law as a manufacturer, wholesaler, or dealer of firearms” or “persons who hold and possess a valid New Jersey firearms card or permit and first exhibit the card or permit to Butch’s Gun World’s staff.” Butch’s is also ordered to “keep records for all sales of Gun-related Products.”

What purchases are subjected to these new requirements? What are “Gun-related Products”? Per NJ Rev Stat § 2C:58-34 Definitions:

“Gun-related product” means any firearm, ammunition, ammunition magazine, firearm component or part including, but not limited to, a firearm frame and a firearm receiver, or firearm accessory, which product was, or was intended to be, sold, manufactured, distributed, imported, or marketed in this State, or which product was possessed in this State and as to which it was reasonably foreseeable that the product would be possessed or used in this State.

The National Shooting Sports Foundation sent out an urgent member alert to their New Jersey partners. “Attorney General Matthew Platkin has been wielding the state’s unconstitutional ‘reasonable controls’ law—which NSSF® is challenging in federal court—to institute new requirements on industry members through enforcement actions,” the alert stated. “The AG has brought at least two enforcement actions against retailers for not checking identification for the sale of rifle ammunition and magazines, even though there is no statute or regulation that requires New Jersey retailers to perform such a check.”

NSSF detailed the situation with Butch’s Gun World, the order and injunction, as well as warned that the “injunction covers a wide variety of products.”

“NSSF members should be aware of the decision instituting these new requirements for the retailer in this suit,” NSSF warned. “The New Jersey AG brought these actions after conducting controlled buys, and it is possible that he will continue with these sting operations to bring enforcement actions against retailers. You should consult your own attorney about what changes you might make to your business practices to protect yourself from being targeted by this antigun New Jersey AG.”

The Foundation also stated they’re committed to continuing the challenge against New Jersey’s Firearms Industry Public Safety Law. The law, they say, is “unconstitutional and preempted by the Protection of Lawful Commerce in Arms Act.”

Critics of Attorney General Matthew Platkin did weigh in on social media when he posted about the so-called “legal victory.” In the comments, one user mused, “What’s next, I need to present a chef certification to get ground beef and cheese at the grocery store [to] make a burger?” Another observed, “Well, you could start by actually targeting the criminals?”

Not all of the commentary was just snarky–like: “Tomorrow he gets a win for arresting an individual that pulled the tag off of the mattress.”–or a restatement of commonsense. “He’s a little man…so he takes a victory lap for a little win,” a commenter said. And other comments just went for the jugular: “Your wife’s boyfriend must be so proud of you.” or “You plugging the wrong hole, brother.”

And finally, one commenter said that Platkin can’t stop people from buying out of state and invited him to “eat [poop emoji].”

Two days after the decision against Butch’s came out, an unrelated case out of California received a favorable ruling. Rhode v. Bonta deals with the California law requiring buyers of ammunition to pass a background check. The three-judge panel “held that California’s ammunition background check regime, which requires firearm owners to complete background checks before each ammunition purchase, facially violates the Second Amendment.” A move that Governor Newsom called “a slap in the face.”

How will the courts view New Jersey’s law? Will they find it to be violative of the Second Amendment?

The Firearms Industry Public Safety Law is around for the foreseeable future. However, it’s hard to say that it’ll ultimately survive a challenge. Prosecuting via civil action is the next frontier and one that pro-freedom entities need to put an end to. So-called “public health and safety” statutes go against Bruen, never mind the Constitution. We’ll be continuing to monitor the situation in New Jersey and report back with any new revelations in this case or others similarly situated.

Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.

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