An injunction issued by the New Jersey state superior court could change the entire landscape for how gun-related products in New Jersey are sold and has massive implications for privacy.
On July 22, a state superior court granted summary judgment in the New Jersey Attorney General’s case against Butch’s Gun World, an FFL located in Vineland. The court’s order included a significant injunction that could feasibly require a background check for items as benign as a screw, cleaning kit, or buffer tube spring. It also creates a functional “registry of everything” they sell, including customer data, that gets reported to the state.
The judgment requires the business to “…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.”
In order to comply with this portion of the injunction, the order states that Butch’s Gun World can only complete sales or distributions of gun-related products to individuals who hold and possess a valid New Jersey firearms card or permit. Given that an FID card requires a federal and state-level background check, it’s not hyperbole to say that a customer purchasing a screw, cleaning kit, or gun case from Butch’s must have undergone a background check.
The injunction is potentially devastating to the business, as customers are unlikely to want to have their accessory purchases tracked by the state, or are simply unwilling to be bothered with the hassle of producing an FID card for de minimis transactions. It also severely limits this FFL’s ability to sell parts or accessories to customers coming from out-of-state who don’t hold a N.J.-issued ID or permit.
While N.J. law currently requires logging handgun ammunition purchases in an electronic database maintained by the State Police, this order would apply to almost everything an FFL would sell. The order also requires that the FFL maintain records for every transaction and report those transactions to the AG’s office on a monthly basis, including the SBI numbers of purchasers. As per the court’s order, reporting is mandatory for one year, and the AG has the right to inspect the FFL’s records for five years.
Although this judgment is binding only on Butch’s Gun World, it’s possible that the interpretation of what constitutes “reasonable controls” in this case could be viewed as definitive as to what other FFLs are required to do to avoid enforcement actions.
The investigation and litigation by the office of the Attorney General, resulting in this court order, has the effect of creating legislation by fiat. The injunction imposed upon Butch’s Gun World goes far beyond gun-control measures encoded into current statute, yet is legally binding.
It’s unknown if the store will appeal the ruling.
Background on the Case
The original enforcement action was brought under the state’s “nuisance law,” which permits the Attorney General to pursue enforcement actions against both dealers and manufacturers for either third-party liability (the criminal or unlawful acts of others using those products) or for lacking “adequate business controls.”
The nuisance law was passed in 2022 as Assembly Bill 1765 and signed into law by Gov. Phil Murphy. In the wake of its passage, the National Shooting Sports Foundation filed suit to enjoin enforcement of the law on the basis that it violated the Constitution in multiple ways, but, in addition, that the law was a violation of the Federal Protection of Lawful Commerce in Arms Act (“PLCAA”). In 2023, the Third Circuit Court of Appeals dismissed that suit on the basis that NSSF lacked standing.
With that suit dismissed, the AG’s Office launched a string of enforcement actions against dealers, gun shows, and then ultimately sued Glock. That triggered a reopening of NSSF’s original suit, which they refiled on Feb. 6, 2025. The Supreme Court recently ruled on a major case involving the PLCAA, which should reinforce this federal law. While the outcome for Glock is likely to be positive, that case directly involves third-party liability, where these enforcement actions against brick-and-mortar retailers are based on the lack of adequate controls. If the NSSF suit is successful, it is unclear how broad that relief will be.
Several months ago, the AG’s office sent an undercover agent to Butch’s Gun World to purchase a case of rifle ammunition. Butch’s sold the rifle ammunition without asking for an FID card or logging the purchase in the database, which is not required under state or federal law. The AG brought this action after making that purchase.
They conducted a similar “sting” at another brick-and-mortar FFL around the same time and will likely announce a similar injunction in that case. This summary judgment order could effectively force every dealer in the state to comply with this injunction or face a similar enforcement. This potentially sets up a regime where a background check is required to purchase anything at all from a New Jersey-based gun shop.
Just recently, the AG conducted an undercover sting operation against a Texas-based company, alleging that they were advertising and selling bump stocks in New Jersey. That operation resulted in the announcement of a lawsuit against the company, which we reported on this week.
