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CHICAGO, Oct 16 (Reuters) – New Jersey sued gunmaker Sig Sauer on Thursday in a bid to stop the company from selling its P320 handguns in the state, claiming it knows the guns can discharge without the trigger being pulled.

The lawsuit, filed in state court in Sussex County, New Jersey, said the company marketed the handgun – often used by law enforcement officers as a service weapon – as safe while knowing the gun carried the risk of unintended firing. It cites several incidents where P320s handled by law enforcement fired unintentionally, including the April 2023 death of a detective lieutenant and range master in Orange, New Jersey, who was killed when his P320 fired suddenly as he prepared to clean it.

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The lawsuit, which brings claims under New Jersey’s product liability, consumer protection and public nuisance laws, seeks a mandatory recall of all Sig Sauer P320s in New Jersey at the company’s expense, and an order barring Sig Sauer from selling the P320 in the state.

Sig Sauer, which is based in New Hampshire, has said the handgun is safe and denied that the gun can fire on its own, pointing instead to negligence on the part of the operator. Representatives for the company did not immediately respond to a request for comment.

The company has faced lawsuits over similar claims filed by both law enforcement officers and civilian gun owners in courts across the country, and has been ordered to pay millions in damages, according to court records.

The New Jersey lawsuit is the first brought by a governmental entity over the handgun, according to New Jersey Attorney General Matthew Platkin, a Democrat.

At a press conference, Platkin said Sig Sauer advertises the enhanced safety of the P320 without mentioning the well-documented potential for the gun to misfire.

New Jersey’s lawsuit alleges that the P320’s design allows the gun to be fully cocked and ready to fire once a round is in the chamber. The gun’s weak internal safety mechanisms can allow regular movement to release the striker inside the gun, which can then result in a misfire, the lawsuit claims.

Sig Sauer has said the P320 is chosen by militaries and law enforcement across the globe. But the lawsuit claims that law enforcement officers, who often wear handguns holstered with a round in the chamber, are at the greatest risk of a misfire.

The lawsuit is New Jersey v. Sig Sauer, case number ESX-C-000217-25 in the Superior Court of New Jersey, Essex County.

For New Jersey: Assistant Attorney General David Leit

For Sig Sauer: Unavailable

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