URGENT N.J. MEMBER ALERT:
New Jersey Decision Requiring a “Valid New Jersey Firearms Card Or Permit” For Sales or Distribution of “Gun-Related Products”

As you know, New Jersey 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 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. Earlier this week, a New Jersey trial court ruled against a retailer (Butch’s Gun World) in such an action and entered an injunction requiring that the retailer complete sales or distributions of “gun-related products” only to: “(a) persons who are licensed under New Jersey law as a manufacturer, wholesaler, or retailer of firearms; or (b) persons who hold and possess a valid New Jersey firearms card or permit and first exhibit the card or permit” to the retailer’s staff. The New Jersey AG released a statement detailing what the retailer must do to comply with the injunction.

Note that this injunction covers a wide variety of products. Under N.J. Stat. Ann. §2C:58-34, “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 injunction provides that the following constitutes a “valid New Jersey firearms card or permit,” which the retailer’s staff must confirm “matches the personally identifiable information on the person’s valid government-issues photo identification”:

1. A “valid physical New Jersey Firearms Purchaser Identification Card, or an electronic version of the same”;
2. A “valid physical New Jersey handgun purchase permit, or an electronic version of the same”;
3. A “valid physical New Jersey handgun carry permit, or an electronic version of the same”;
4. A “valid credential identifying the person as an active public safety officer of a type set forth in N.J.S.A. 2C:39-6(a)-(c), (n)”;
5. A “valid identification card issues under N.J.S.A. 2C:39-6(l)(4)” that the retailer’s staff must confirm “identifies a person as being a former enforcement officer who retired in good standing and is approved to carry a handgun”; or
6. “[O]ther valid documentation that, consistent with 18 U.S.C. § 926(c), identifies the person as a qualified law enforcement officer authorized by that statute to carry a handgun.”

NSSF members should be aware of the decision instituting these new requirements for the retailer in this suit. 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.

NSSF will continue to oppose New Jersey’s “reasonable controls” law in federal court, as it is unconstitutional and preempted by the Protection of Lawful Commerce in Arms Act (PLCAA). We will continue monitoring the New Jersey AG’s enforcement actions and provide our members with timely updates as needed.

**This alert does not constitute legal advice. NSSF encourages FFLs seeking additional guidance to speak with their own attorney.**

***If you are not an NSSF member, please consider joining by clicking here by emailing membership@nssf.org***