Attorney General Matthew J. Platkin has announced that New Jersey is suing Sig Sauer, Inc. over its P320 handgun, citing violations of the State’s Firearms Industry Public Safety Law and the Consumer Fraud Act. The lawsuit seeks to stop sales of the P320 in New Jersey and require a mandatory recall, following incidents where the firearm allegedly discharged unintentionally, resulting in injuries and at least one death among law enforcement officers and civilians.
The legal action was filed by the Statewide Affirmative Firearms Enforcement Office (SAFE) and the Division of Consumer Affairs (DCA). According to state officials, despite marketing claims that the P320 “won’t fire unless you want it to,” there have been multiple documented cases where the weapon fired without anyone touching the trigger.
“We ask law enforcement officers to put their life on the line every single day to protect the public. Gun manufacturers have a moral duty to ensure that those brave officers are not put in harm’s way because of defective weapons,” said Attorney General Platkin. “Officers, as well as civilians, in New Jersey and across the country have suffered immense harm as a result of Sig Sauer’s actions and brazen deceptions, which is why we are filing this lawsuit today. No one is above the law — and if you break our laws, we will hold you accountable.”
The P320 was introduced in 2014 with claims of enhanced safety due to internal mechanisms rather than external safeties. However, state officials argue that the gun is prone to unintentional discharge due to an internal safety lock that can disengage during normal physical activity—even when holstered.
The U.S. Army reportedly refused to procure civilian versions of the P320 until Sig Sauer added a manual thumb safety for military variants, known as M17 and M18. Despite this, Sig Sauer continues to sell versions without external safeties to non-military customers while advertising them as being chosen by the U.S. Military.
Incidents involving unintended discharges have occurred during routine activities such as walking or sitting, with some events captured on body camera or security footage. In response to mounting criticism, Sig Sauer introduced a voluntary upgrade option in 2017 focused only on drop-related discharges, but state officials say new and upgraded models continue to discharge unintentionally.
Sig Sauer recently launched an advertising campaign defending its product, attributing incidents to user error or suggesting victims are motivated by profit or avoiding responsibility. The company also maintains its claims about military adoption without clarifying differences between civilian and military models.
In New Jersey, unintended discharges from P320 handguns have affected law enforcement officers at various levels as well as civilians in several municipalities. Police Detective Lieutenant Walter Imbert was fatally shot by his P320 while cleaning it at work in April 2023; evidence indicated his finger was not on the trigger when it fired.
“In any other industry, when a product causes severe injuries and deaths, its manufacturer would swiftly investigate and issue a recall,” said SAFE Director Ravi Ramanathan. “Instead of doing the right thing, Sig Sauer chose to double down and blame victims for the P320’s flaws. That indefensible choice puts the public and our law enforcement at risk, and we will hold Sig Sauer accountable for it.”
“This lawsuit is about Sig Sauer prioritizing profit over consumer safety,” said Elizabeth M. Harris, Acting Director of the Division of Consumer Affairs. “Any company doing business in New Jersey will be held accountable for making false claims about the products they sell, especially when those misrepresentations put our residents in grave danger of serious bodily injury or death.”
The risks associated with the P320 have led several police departments nationwide—including those in Denver, Houston, Milwaukee, San Antonio, Chicago, San Francisco—and other agencies such as Oregon’s Department of Public Safety Standards and Training—to discontinue use of this model despite costs associated with replacing service weapons.
SAFE’s efforts are part of broader strategies that officials say have contributed to reductions in gun violence across New Jersey over recent years. Data from state police indicates shooting incidents are down by more than 25 percent through August compared to last year; fatal shootings are down more than 35 percent.
The lawsuit demands that Sig Sauer recall all P320 handguns sold in New Jersey at its own expense, stop marketing them as safe from unintended discharge or free from need for additional safeties, and pay damages and restitution.
SAFE was established by Attorney General Platkin in 2022 under firearms industry public safety legislation to hold gun manufacturers accountable. The Division of Consumer Affairs oversees consumer protection efforts through regulatory boards and various offices within New Jersey.
