Attorney General Matthew J. Platkin, in collaboration with the Division of Consumer Affairs, has recently reached a significant legal settlement with Indiana-based Element Armament, LLC. As part of this agreement, the firearms dealer has willingly agreed to discontinue the advertisement and sale of large capacity magazines (LCMs) to residents of New Jersey. This decision follows allegations that arose during an undercover investigation conducted by the state.
Element Armament is being held accountable for violating consumer protection laws in New Jersey due to their sale and delivery of four LCMs to an undercover state investigator. To resolve the matter, Element Armament has agreed to pay a total of $17,705, which includes a $12,000 civil penalty and reimbursement for the legal fees incurred by the Division.
In New Jersey, the state strictly prohibits the possession and sale of LCMs, which are magazines that can hold more than 10 rounds of ammunition. These high-capacity magazines allow shooters to rapidly discharge multiple rounds, which unfortunately has been associated with mass shootings and the ability to cause greater harm.
Attorney General Platkin firmly opposes the illegal distribution of large-capacity magazines (LCMs), emphasizing the state’s dedication to identifying and prosecuting individuals who violate gun control laws.
“New Jersey has zero tolerance for unlawful large capacity ammunition magazines that significantly increase a shooter’s ability to injure and kill large numbers of people quickly,” Platkin emphasized, highlighting the importance of these laws in safeguarding residents from gun violence.
The investigation conducted by The Division found that Element Armament, which operates a physical store in Whiteland, Indiana, as well as an online platform, did not inform consumers in New Jersey about the legal consequences of possessing Large Capacity Magazines (LCMs) in the state. During an undercover purchase on July 9, 2022, two 13-round magazines and two larger magazines (one 50-round and one 60-round) were ordered and shipped to a New Jersey address.
Cari Fais, the Acting Director of the Division of Consumer Affairs, has once again emphasized New Jersey’s dedication to preventing the sale of prohibited firearm parts. In order to enforce this requirement, consumer protection laws will be utilized.
Element Armament is required to comply with the following terms as part of the settlement agreement:
-
- Cease advertising, offering, selling, or shipping LCMs to New Jersey consumers.
- Prevent the ordering and shipping of LCMs to any New Jersey address.
- Clearly disclose on its website that LCMs are illegal in New Jersey and the severe consequences for purchasing them.
- Implement and enforce internal policies to ensure compliance with these prohibitions.
- Maintain records of all sales and attempted purchases of LCMs to New Jersey addresses.
In June 2018, Governor Phil Murphy implemented a series of gun safety measures, which included reducing the capacity limit of large capacity magazines (LCMs) from 15 to 10 rounds. The recent legal action taken by the Office of the Attorney General and the Division of Consumer Affairs in the Element Armament case is in line with these efforts to protect the citizens of New Jersey from illegal firearm products and the devastating effects of gun violence.
