New Jersey AG Sues An Out-Of-State Company For Selling "High Capacity" Magazines To Residents Online

New Jersey Attorney General Gurbir Grewal sued an out of state gun dealer for selling "large capacity" magazine online to New Jersey residents. Florida's Elite Aluminum resorted to a settlement worth $135,000 in addition to halting the sale of "large capacity" magazines.


New Jersey outlaws the sale of magazines capable of holding more than ten rounds, commonly known as "large capacity" magazines (LCMs). The measure was passed in 2018.


A legal challenge to the ban was rejected by the U.S. Court of Appeals for the Third Circuit. The court ruled that the ban did not violate the residents' Second Amendment rights and was a "reasonable" response to mass shootings.

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The company was accused of selling 167 "large capacity" magazines to 69 New Jersey residents through its DaytonaTactical and GunPartsPlus online platforms. The lawsuit was based on a magazine sale to an undercover agent.


New Jersey issued Elite Aluminum with a cease-and-desist letter in early 2019 and requested sales records for previous customers who bought the magazines. When the Florida gun retailer failed to comply, the state resorted to a civil suit.


The state's Consumer Affairs Director Paul Rodríguez said that mass shooters disproportionately used the magazines to commit crimes.


However, given the number of "large capacity" magazines in the country, which amounts to more than 150 million, according to the NSSF estimates, it is evident that they're commonly used for self-defense and other lawful purposes instead of crime.


Various studies on "large capacity" magazine bans have also found no evidence that the prohibition contributes to increased public safety. Contrarily, the law negatively affects law-abiding citizens who are left at a disadvantage when facing heavily armed criminals. The Ninth Circuit Court of Appeals in California also found the ban unconstitutional.


Given that each court treats "large capacity" magazine ban differently, the Supreme Court should make the final ruling on the matter.


The state of New Jersey could use this form of targeted harassment to persecute other out-of-state companies that may have sold LCMs to the Garden State residents. This would allow anti-gunners in New Jersey to export their gun control to other states by coercing the companies to stop selling the devices to dodge a lawsuit.

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