§ 2C:58-35 — Gun industry member, engage in public nuisance, prohibited, consequences; reasonable controls.

New Jersey § 2C:58-35

• Jurisdiction: New Jersey
• Title 2C: THE NEW JERSEY CODE OF CRIMINAL JUSTICE

Text

3. a. (1) A gun industry member shall not, by conduct either unlawful in itself or unreasonable under all the circumstances, knowingly or recklessly create, maintain, or contribute to a public nuisance in this State through the sale, manufacturing, distribution, importing, or marketing of a gun-related product. (2) A gun industry member shall establish, implement, and enforce reasonable controls regarding its manufacture, sale, distribution, importing, and marketing of gun-related products. (3) It shall be a public nuisance to engage in conduct that violates paragraphs (1) or (2) of this subsection. b. Whenever it appears to the Attorney General that a gun industry member has engaged in or is engaging in conduct that violates subsection a. of this section, the Attorney General may commence an action to seek and obtain: an injunction prohibiting the gun industry member from continuing that conduct or engaging therein or doing any acts in furtherance thereof; an order providing for abatement of the nuisance at the expense of the defendant; restitution; damages; reasonable attorneys' fees, filing fees, and reasonable costs of suit; and any other appropriate relief. c. To prevail in an action under this section, the Attorney General shall not be required to demonstrate that the gun industry member acted with the purpose to engage in any public nuisance or otherwise cause harm to the public. The Attorney General shall not be required to demonstrate any special injury to be granted the relief authorized by this section. d. When it appears to the Attorney General that a gun industry member has engaged in, is engaging in, or is about to engage in conduct that violates subsection a. of this section, or when the Attorney General believes it is in the public interest that an investigation should be made to ascertain whether a gun industry member has in fact engaged in, is engaging in, or is about to engage in conduct that violates subsection a. of this section, the Attorney General may: (1) require the gun industry member or any other person to file a statement or report in writing under oath or otherwise, as to all the facts and circumstances concerning conduct, and other data and information as the Attorney General deems necessary; (2) examine under oath any gun industry member or any other person concerning the act or omission; (3) examine any record, object, book, document, account, or paper as the Attorney General deems necessary; and (4) pursuant to an order of the Superior Court, impound and retain in the Attorney General's possession any record, book, document, account, object, or paper that is produced in accordance with this act until the completion of all proceedings in connection with impounded items. e. To the extent causation is applicable, the conduct of a gun industry member shall be deemed to constitute a proximate cause of the public nuisance if the harm to the public was a reasonably foreseeable effect of such conduct, notwithstanding any intervening actions, including but not limited to criminal actions by third parties. f. The Attorney General may establish or designate within the Department of Law and Public Safety a unit, bureau, office or division to exercise all functions, powers, and duties of the Attorney General established under or deriving from P.L.2022, c.56 (C.2C:58-33 et seq.) and which may perform such other functions, powers, and duties vested in the Department of Law and Public Safety as the Attorney General may deem appropriate. g. Nothing in P.L.2022, c.56 (C.2C:58-33 et seq.) shall be construed to deny, abrogate, or impair any statutory or common law right, remedy, or prohibition otherwise available to any party, including the Attorney General. L.2022, c.56, s.3.