By Dave Workman
Editor-in-Chief
New Jersey Attorney General Matthew J. Platkin, a Democrat, has filed a lawsuit against Sig Sauer, alleging that the company’s Model P320 semiautomatic pistol “is a threat to the New Jersey police officers, veterans, and everyday individuals who use and rely upon the gun, as well as to those around them.”
The 59-page complaint was filed in Superior Court of New Jersey, Chancery Division, Essex County. Platkin is joined by Elizabeth M. Harris, acting director of the New Jersey Division of Consumer Affairs. In his lawsuit, Platkin asserts, “This Court’s jurisdiction is proper because the action arises from Sig Sauer’s (1) deliberate targeting of New Jersey residents and law enforcement departments as customers and users; (2) deliberate partnering with New Jersey gun stores; and (3) Sig Sauer’s regular, repeated, and systematic contacts with New Jersey. Sig Sauer has engaged in intentional acts directed to New Jersey, and thus could reasonably anticipate being haled (sic) into court in New Jersey.”
In response, Sig Sauer issued a statement which was published by WRIC, in which the company accused Platkin of “making numerous false and unsubstantiated claims about the P320.”
Sig Sauer’s response to the lawsuit states, “AG Platkin’s assertion that the Modular Handgun System (MHS) program would not accept SIG SAUER’s submission because testing by the U.S. Army deemed it “unsafe” without a manual safety is outright false. The MHS program solicitation required all firearm manufacturers’ bids include pistols with manual safeties. The Government assured all bidders it would discontinue testing and eliminate a competitor from further consideration if the testing process uncovered any safety issue. SIG SAUER was not eliminated from the competition, but in fact was awarded the contract for the military’s official sidearm.
“The Attorney General’s office further stated that an FBI Ballistics Research Facility report claimed one of the safety mechanisms of the P320 can be disabled without any pressure on the trigger. This is also false. SIG SAUER engineers worked directly with the FBI and the Michigan State Police, who commissioned the report, to conduct a comprehensive battery of follow-on tests. The tests resulted in zero failures and today the Michigan State Police confidently issue their officers P320 pistols.
“Contrary to the baseless allegations, SIG SAUER has always and will continue to put the safety and security of the US Military, the law enforcement community, consumers, and the public first.”
According to a report in the Morristown Minute, the complaint “demands a statewide recall of the Sig Sauer P320 at the company’s expense. It also seeks to halt further sales of the firearm in the state and to stop the company’s marketing campaign, which the lawsuit describes as ‘false and deceptive.’”
The lawsuit was filed Oct. 16. It alleges multiple incidents of involuntary discharge without anyone’s finger being on the trigger, involving officers with several different police departments.
The lawsuit alleges that the P320 “is built with what Sig Sauer claims is a safe and innovative design. But, like a set mousetrap, a loaded P320 is always fully ‘cocked,’ meaning that once a round is in the chamber, the weapon is ready to fire because the firing mechanism has sufficient potential energy to initiate a discharge.”
A few lines later, Platkin’s complaint alleges, “Far too often, under ordinary use, the P320 striker unintentionally releases, which causes it to impact the chambered round, firing the gun. This is in stark contrast to striker-fired handguns made by other manufacturers, which either do not use fully pre-cocked strikers, or use external safeties and internal restraints that are precisely designed and manufactured to prevent the striker from impacting the round without a deliberate trigger pull.”
Sig Sauer has repeatedly argued the P320 pistol is safe. The company has taken legal action against the Washington State Criminal Justice Training Commission for banning the pistol from its training over safety issues, as reported earlier this year by Seattle-based KIRO, the local CBS affiliate.
Platkin is asking the court to do the following:
Director of the Division of Consumer Affairs respectfully request judgment in their favor and against Defendant Sig Sauer as follows:
a. Ordering injunctive relief in New Jersey as is necessary to prevent continuing harm, including but not limited to the following:
• An order enjoining Sig Sauer from selling P320 handguns for distribution into New Jersey;
• An order enjoining Sig Sauer from marketing defective P320 handguns to New Jerseyans as (1) safe from unintended discharge, (2) as not requiring additional external safeties, (3) or as only firing when the user deliberately pulls the trigger;
b. Declaring that Sig Sauer’s acts and practices constitute multiple instances of unlawful practices in violation of the CFA, N.J.S.A. 56:8-2;
c. Permanently enjoining Sig Sauer from engaging in, continuing to engage in, or otherwise doing any acts or practices in violation of the CFA, including, but not limited to, the acts and practices alleged in this Complaint, as authorized by the CFA, N.J.S.A. 56:8-8;
d. Awarding an order of abatement of the public nuisance at the Defendant’s expense, including an order for Sig Sauer to conduct a mandatory recall of Sig Sauer P320 handguns in New Jersey;
e. Awarding monetary damages and punitive damages in an amount to be determined at trial, including interest thereon;
f. Awarding restitution in an amount to be determined at trial, including disgorgement of profits;
g. Awarding the maximum statutory civil penalties for each and every violation of the CFA, in accordance with N.J.S.A. 56:8-13;
h. Awarding all costs and expenses incurred in connection with this action, including attorneys’ fees, as authorized by the CFA, N.J.S.A. 56:8-11 and N.J.S.A. 56:8-19, and N.J.S.A. 2C:58-35(b); and
i. Awarding such other and further relief as the Court deems just and proper.
