2C:58-33 Attorney General, statutory cause of action, public nuisance violations, certain.
348 words·~2 min read·
/nj/title-2c/chapter-58/2c-58-33A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. In cases involving the common law tort of public nuisance, New Jersey courts have issued decisions which have limited the ability of public officials to pursue civil actions for abatement, damages, and other relief from the negligent, reckless and, in some cases, illegal conduct of bad actors in the gun industry, whose misconduct results in harm to the public and fuels the epidemic of gun violence in New Jersey and across the nation. Since the passage of Protection of Lawful Commerce in Arms Act (PLCAA), federal law has created an additional barrier to this relief and shielded gun industry members from being held accountable for misconduct.
b. The practical result of those decisions is that the people of New Jersey have been deprived in many cases of adequate protection from and appropriate redress for injuries to public health and safety resulting from gun violence.
c. With respect to gun violence, the unavailability of a robust public nuisance statute has limited the State's ability to seek legal redress in situations where firearms manufacturers and retail dealers may have knowingly or recklessly taken actions that have endangered the safety and health of New Jersey residents through the sale, manufacture, distribution, and marketing of lethal, but nonetheless legal, gun-related products. Even as manufacturers have incorporated features and technology resulting in more deadly and destructive firearms, some actors in the gun industry have implemented sales, distribution and marketing practices that have contributed to the development of an illegal secondary market for these increasingly dangerous instrumentalities.
d. Therefore, it is necessary and proper to promote and protect the health, safety, and welfare of the people of New Jersey by requiring gun industry members to establish and implement reasonable procedures, safeguards, and business practices for the sale, manufacture, distribution, importing, and marketing of gun-related products and establishing a statutory cause of action for public nuisance violations available to the Attorney General to address injuries to public health and safety and to seek relief, including but not limited to abatement and other injunctive relief, damages, and attorneys' fees and costs.
L.2022, c.56, s.1.