The ever-litigious and anti-gun New Jersey Attorney General is suing Fort Worth-based RW Arms, Ltd., alleging they advertised and sold bump stocks in New Jersey, and that bump stocks “are dangerous devices.” The lawsuit borders on frivolous and laughable when one considers the allegations in the complaint.
The lawsuit was filed in the Superior Court of New Jersey on July 22.
New Jersey bans bump stocks under its Rules Concerning Hazardous Products, N.J.A.C. 13:45A-4.1 to -4.3 (“Hazardous Products Regulations”) and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -229 (“CFA”). Possession of a bump stock is a third-degree crime, punishable by a fine of up to $15,000 and three to five years in prison.
Neither the complaint nor the press release alleges that anyone in New Jersey has ever been harmed by the criminal use of a bump stock. Further, a bump stock is not a machine gun as defined under the federal Gun Control Act, despite the AG’s assertion that a bump stock can “cause semi-automatic rifles to fire almost as quickly as machine guns.”
As we reported, in June of 2024, the Supreme Court struck down the bump stock ban.
Even more interesting is that the complaint does not allege widespread sales and distribution of bump stocks. Rather, it is based solely on two occasions of an “undercover” New Jersey investigator attempting to purchase them online, once on August 28, 2024 and again on September 5, 2024. New Jersey has successfully entrapped other small businesses using similar tactics, as we previously reported.
In fact, it’s not evident that any harm has actually occurred, materially or otherwise. The lawsuit simply states that during the attempted transaction, nothing stopped the sale when a New Jersey address was entered, and they signed up for an email newsletter that contained advertising:
At no point during the either of the online checkout processes, including after entering a New Jersey shipping address, was the Division investigator prevented from placing the order, warned that the items selected for purchase are illegal to possess in New Jersey, or notified that these products may be restricted in certain jurisdictions.
In connection with one of the undercover purchases, the Division investigator checked a box to subscribe to the RW Arms Newsletter. The investigator subsequently received numerous promotional emails advertising bump stocks for sale through the RW Arms website. None of the promotional emails contained notices advising that the devices were illegal in New Jersey or that violators faced criminal penalties.
New Jersey is racking up a losing track record in court, and is defending nearly half a dozen lawsuits against its authoritarian and unconstitutional approach to banning certain firearms and accessories, including two that seek to end the ban on suppressors and SBRs (short-barreled rifles). To date, New Jersey has issued 78,704 permits to carry after the landmark Bruen Supreme Court decision forced its hand. It was also dismissed from its attempt to intervene in a federal lawsuit against Rare Breed Triggers after the Justice Department ended its litigation against the manufacturer. On July 24, a United States District Court issued a stipulation of dismissal against New Jersey and 15 other states.
