An Act concerning public safety and supplementing Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. "Gun industry member" means a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the sale, manufacturing, distribution, importing or marketing of firearms, ammunition, ammunition magazines, or firearm accessories.

b. A private person, who is not an officer or employee of a State or local government entity in this State, may bring a civil action against a gun industry member for the unlawful manufacture, transport, shipment, sale, or disposal of an assault firearm as defined in subsection w. of N.J.S.2C:39-1 or undetectable firearm as defined in subsection ii. of N.J.S.2C:39-1 within this State.

c. If, after a hearing, the court determines that a gun industry member unlawfully manufactured, transported, shipped, sold, or disposed of an assault firearm or undetectable firearm, the court may enter a permanent order enjoining the defendant and any other person from further violating the law. In addition to any criminal penalty imposed, a civil penalty may be imposed upon the person who violates a permanent injunction issued pursuant to the provisions of this section.

d. The court shall award to a claimant who prevails under this section:

(1) injunctive relief sufficient to prevent the defendant from violating an order issued pursuant to this section or Title 2C of the New Jersey Statutes;

(2) statutory damages in an amount of not less than $10,000 for each assault firearm or undetectable firearm unlawfully manufactured, transported, shipped, sold, or disposed of in this State; and

(3) restitution; damages; reasonable attorneys' fees, filing fees, and reasonable costs of suit; and any other appropriate relief related to the litigation.

2. This act shall take effect immediately.

STATEMENT

This bill establishes a private cause of action against firearm industry members who unlawfully sell, manufacture, or distribute assault firearms and undetectable firearms. Under the bill, a private person would be entitled to bring a civil action against a gun industry member for the unlawful manufacture, sale, or distribution of an assault firearm or undetectable firearm. The bill defines "gun industry member" as a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the sale, manufacturing, distribution, importing or marketing of firearms, ammunition, ammunition magazines, or firearm accessories.

Under current law, it is a crime of the third degree to manufacture, cause to be manufactured, transport, ship, sell, or dispose of an assault firearm or undetectable firearm. Undetectable firearms, also commonly referred to as "ghost guns," are defined as a firearm constructed entirely of non-metal substances, or a firearm that does not include at least one major component, such as the barrel, slide, cylinder, frame or receiver of the firearm, that is made entirely of metal such that, if the firearm were subjected to inspection by the types of detection devices commonly used at airports for security screening, it would not generate an image that accurately depicts the shape of the component. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000 or both.

This bill allows a private person, who is not an officer or employee of a State of local government entity in this State, to bring a civil action against a gun industry member for the unlawful manufacture, transport, shipment, sale, or disposal of an assault firearm or undetectable firearm. A claimant who prevails under the bill's provisions would be entitled to:

(1) injunctive relief sufficient to prevent the defendant from violating an order issued by the court or Title 2C of the New Jersey Statutes;

(2) statutory damages in an amount of not less than $10,000 for each assault firearm or undetectable firearm unlawfully manufactured, transported, shipped, sold, or disposed of in this State; and

(3) restitution; damages; reasonable attorneys' fees, filing fees, and reasonable costs of suit; and any other appropriate relief related to the litigation.