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Report

Soft Targets

How weak security measures at gun stores end up fueling the illegal firearms market

Introduction

Introduction

Superior Shooter’s Supply, a gun store in Superior, Wisconsin, stored its handgun inventory in glass display cases on its showroom floor. In 2016, on New Year’s Day, a thief took advantage: Surveillance video shows that the thief smashed the showcase glass with a single swipe of a crowbar and stole at least nine guns in seconds.1Annie Sweeney and Jeremy Gorner, “Four guns stolen in Wisconsin have been linked to dozens of shootings here. Authorities say it’s an example of how illegal guns end up on the streets of Chicago,” Chicago Tribune, September 24, 2021, https://www.chicagotribune.com/2021/09/24/four-guns-stolen-in-wisconsin-have-been-linked-to-dozens-of-shootings-here-authorities-say-its-an-example-of-how-illegal-guns-end-up-on-the-streets-of-chicago/. But this was not the first time Superior Shooter’s Supply failed to secure its inventory. In 2012, thieves stole 19 guns from the store in another smash and grab.2“More face charges in Shooter’s Supply burglary,” Superior Telegram, June 6, 2012, https://www.superiortelegram.com/news/more-face-charges-in-shooters-supply-burglary.

An Instagram photo appears to show several unsecured shotguns at Superior Shooter’s Supply.
An Instagram photo appears to show several unsecured shotguns at Superior Shooter’s Supply.

The store’s owner, Patricia Kukell, was well aware of the potential consequences of these security breaches, stating in an interview about the 2016 burglary that the guns were “going right down to Chicago or Minneapolis…They’ll be there in 24 hours…and it’s not going to be good.” Kukell was quickly proven correct: A single Glock 17 pistol stolen from her store was subsequently linked to 27 shootings in 19 months before it was recovered by law enforcement.3Annie Sweeney and Jeremy Gorner, “A gun was stolen from a small shop in Wisconsin. Officials have linked it to 27 shootings in Chicago,” Chicago Tribune, September 25, 2021, https://www.chicagotribune.com/2021/09/25/a-gun-was-stolen-from-a-small-shop-in-wisconsin-officials-have-linked-it-to-27-shootings-in-chicago/. One victim, a 19-year-old college student, was walking to play basketball when he was shot and killed with the Glock 17. Law enforcement told his mother he was “just at the wrong place at the wrong time.”4Jennifer Steiner, “Mother reclaims life after her son’s murder,” The Mennonite, June 24, 2019, https://anabaptistworld.org/mother-reclaims-life-sons-murder/. In total, at least four of the guns from Superior Shooter’s Supply have been recovered in Chicago, linked to 35 shootings and at least three homicides.

The Shooter’s Supply burglary was not an isolated incident. In Pennsylvania, a group of mostly teenagers stole over 90 firearms from gun dealers, including 32 from Target World and 26 from Founding Fathers Outfitters.5Jessica Yakubovsky, “2 adults, 11 teens arrested for Gun Store robberies in Montco and Bucks County,” PHL17 News, January 25, 2023, https://phl17.com/phl17-news/2-adults-11-juveniles-arrested-for-gun-store-across-montco-and-bucks-county/. In each of the burglaries, the thieves were able to quickly and easily gain access to dozens of guns by simply smashing glass display cases in both stores. According to the Montgomery County District Attorney’s Office, the group “brazenly broke into gun stores and stole nearly 100 firearms, then sold and transferred them widely throughout Southeastern Pennsylvania, New Jersey and Delaware.” Thirteen people were arrested in connection with the break-ins, and 11 of them were teenagers. Sixty of the stolen guns are unaccounted for, but several have been recovered in connection with violent crime, including a shooting that took place in Philadelphia just five days after the burglary of Founding Fathers Outfitters, leaving a 16-year-old dead and a 14-year-old wounded.6Montgomery County District Attorney’s Office, “Two Adults and 11 Juveniles Arrested for Burglaries of Gun Stores in Montgomery and Bucks Counties,” January 25, 2023, https://www.montgomerycountypa.gov/ArchiveCenter/ViewFile/Item/5690. According to law enforcement, the teenagers were “innocently walking down the street.”7“Video: Two teens, 14 and 16, shot while walking down Philadelphia street,” Fox 29 Philadelphia, September 30, 2022, https://www.fox29.com/news/police-teens-14-and-16-injured-in-double-shooting-in-kingsessing.

Photos from inside the Target World (left) and Founding Fathers Outfitters (right) gun stores.
Photos from inside Target World (left) and Founding Fathers Outfitters (right).

Pennsylvania and Wisconsin, like the vast majority of states, do not impose security requirements on gun dealers, so they can store their handguns in easily broken glass cabinets and rifles on readily accessible wall displays. Similarly, federal law does not require that gun stores undertake any measures to secure their inventories from theft. Yet federal regulators have set strict security protocols for other businesses that deal in dangerous products or sell products that are particularly valuable to thieves. For example, pharmacies must secure controlled substances in fortified cabinets,821 C.F.R. § 1301.75. explosives makers have to securely store their materials,9ATF, “Explosives Storage Requirements – Security Requirements,” accessed March 28, 2024, https://www.atf.gov/explosives/explosives-storage-requirements-security-requirements. and banks have to implement security programs and hire security officers in order to maintain federal deposit insurance.1012 C.F.R. § 326.3. But there are no such federal requirements for gun stores, and criminals are taking advantage. Gun stores report five theft or loss incidents of firearms every day. These thefts are of particular concern because the storefronts of gun dealers like Superior Shooter’s Supply and Target World contain perhaps the most dangerous consumer products available for commercial sale.

This report utilizes newly obtained police records, identified by reviewing publicly reported gun store burglaries, to illustrate how lax gun store security can lead to the diversion of firearms to the criminal marketplace, and then surveys the laws of the small number of states that have taken action on this often overlooked issue. Indeed, preventing firearms theft and stopping this source of crime guns offers a policy area in which lawmakers can follow the lead of these states and build broad coalitions to reduce the flow of illegal guns.

The Scope of the Problem

In 2022, over 17,000 firearms were reported lost or stolen by federally licensed gun dealers (FFLs), which amounts to over 45 guns per day moving to illegal markets where they can be trafficked and used in crimes.11ATF, “Federal Firearms Licensee Theft/Loss Report – 2022,” accessed March 28, 2024, https://www.atf.gov/resource-center/federal-firearms-licensee-theftloss-report-2022. And the 10 FFLs (out of the nearly 78,000 nationwide that sell guns) with the most firearms reported lost or stolen were associated with 4,099 missing firearms — over 20 percent of the total. In its most recent report examining thousands of gun trafficking investigations between 2017 and 2021, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also found that 17 percent — or 1,452 cases — involved thefts from FFLs.12ATF, National Firearms Commerce and Trafficking Assessment (NFCTA), Volume III, “Part III: Firearm Trafficking Channelsand Methods Used,” April 2024, 2, https://www.atf.gov/firearms/docs/report/nfcta-volume-iii-part-iii/download.

In some cases, burglars were able to steal hundreds of guns in a single break-in.13See Shay Arthur, “2 of 169 guns stolen from pawn shop found in stolen car, 3 arrested,” WREG Memphis, October 31, 2023, https://wreg.com/news/local/2-of-169-guns-stolen-from-pawn-shop-found-in-stolen-car-3-arrested/; and Gretchen Hjelmstad, “More than 100 firearms stolen from South Dakota gun shop,” August 18, 2022,  https://www.valleynewslive.com/2022/08/18/more-than-100-firearms-stolen-south-dakota-gun-shop/. From 2013 to 2017, the number of gun thefts from licensed gun dealers increased more than the number from any other source, with the number of firearms stolen in gun dealer burglaries and robberies more than doubling and tripling, respectively.14Everytown Research & Policy, “Stolen Guns Pose a Tremendous Risk to Public Safety,” March 3, 2019, https://everytownresearch.org/report/stolen-guns-pose-a-tremendous-risk-to-public-safety/. From 2017 to 2021, law enforcement recovered and traced over 11,000 crime guns that were reported stolen from an FFL.15ATF, National Firearms Commerce and Trafficking Assessment, Volume II, “Part III: Crime Guns Recovered and Traced Within the United States and Its Territories,” 6, https://www.atf.gov/firearms/docs/report/nfcta-volume-ii-part-iii-crime-guns-recovered-and-traced-us/download. And while lost and stolen guns from FFLs are a small percentage of overall crime gun recoveries, their diversion to the criminal market is largely preventable if FFLs were to implement and maintain robust security practices.

Police Records Demonstrate Weak Dealer Security Measures

The issue of gun dealers improperly securing their firearms is not academic: It impacts communities throughout the United States. The following FFLs are located in states without physical security requirements for gun dealers, and their security deficiencies were exposed after they were burglarized — sometimes repeatedly. As detailed below, public information requests were submitted seeking police records and photographs from those burglaries.

American Defense Company

American Defense Company is a gun dealer located in Cleveland, Tennessee — a state that does not have FFL licensing, storage, or security requirements. In a 2017 promotional video, the gun store appeared to lack robust security measures that would prevent thefts.16American Defense Company, “Gun Store Cleveland TN | American Defense Company 423-529-0810,” YouTube, January 13, 2017, https://www.youtube.com/watch?v=_sBBKRLqTeQ. On January 7, 2020, three individuals broke into the store by driving a pickup truck into the entrance and stole at least 38 firearms.17ATF, “ATF Offers Reward in Gun Store Burglary,” January 9, 2020, https://www.atf.gov/news/pr/atf-offers-reward-gun-store-burglary-60. Photographs taken by responding police officers, shown below, indicate that firearms were not secured while the business was closed, and that the store did not have bollards protecting the entryway.

Police photos show the aftermath of the burglary at the American Defense Company gun store.
Police photos show the aftermath of the burglary at American Defense Company.

Photographs posted to one of American Defense Company’s social media pages several months after the burglary appear to indicate that the FFL did not change how it stored its firearms after the theft, at least during business hours.

Photos posted on American Defense Company’s Facebook page in September 2020 showing firearms on display at the gun store.
Photos posted on American Defense Company’s Facebook page in September 2020.18American Defense Company, Facebook, September 12, 2020, https://www.facebook.com/photo/?fbid=3395071020570812&set=a.2845530132191573; https://www.facebook.com/photo?fbid=3395070720570842&set=a.2845530132191573.

Clyde Armory

Clyde Armory is a gun dealership owned by U.S. Representative Andrew Clyde with locations in Athens and Warner Robins, Georgia. Compliance inspections conducted by ATF agents over the past several years have uncovered numerous violations at both locations, including failing to “stop the transfer of a firearm when the licensee has reason to believe the person is prohibited from possessing a firearm” — a violation that alone warrants license revocation under current ATF policy.19ATF compliance inspection report of Clyde Armory, 90, https://s3.documentcloud.org/documents/24040388/final-response-2023-01493-2.pdf. In recent years, the ATF has also placed the Athens location in its Demand 2 monitoring program for selling a large number of firearms recovered from crime scenes within three years of being sold.20See Glenn Thrush, “A Lawmaker Hid One Key Fact as He Fought Checks on Gun Shops,” The New York Times, August 25, 2023, https://www.nytimes.com/2023/08/25/us/politics/gun-control-atf-clyde-congress.html; and Nick Penzenstadler, “Gun shops that sell the most guns used in crime revealed in new list,” USA Today, February 15, 2024, https://www.usatoday.com/story/news/investigations/2024/02/15/shops-selling-most-crime-guns-revealed-atf/72581120007/.

The Warner Robins location was burglarized in 2015 and 2022. On November 4, 2015, as reflected in the pictures below, three individuals broke the glass front entrance of the store and stole 24 firearms. The responding police officer observed, “The rifles and pistols are not kept in locked racks. The pistols are kept in glass display cases. The rifles are kept in racks…The rifles are not secured in the racks. There is no cable ran through the guns.”21Clyde Armory 2015 Incident Report, 4.

Crime scene photos from the November 2015 burglary of Clyde Armory gun store.
Crime scene photos from the November 2015 burglary of Clyde Armory.

It is unclear what, if any, steps Clyde Armory took to improve its store security, but on May 22, 2022, thieves again broke into the Warner Robins location through a window, stealing six Daniel Defense AR-style rifles.22Clyde Armory 2022 Incident Report, 3. Like the 2015 burglary, the police report indicates the firearms were left unsecured on wall hooks prior to being stolen.

Crime scene photos from the May 2022 burglary of the Warner Robins Clyde Armory gun store.
Crime scene photos from the May 2022 burglary of Clyde Armory.

Gebo’s

Gebo’s is a Texas retail chain that sells firearms as well as hardware. The Lubbock, Texas, location has been repeatedly burglarized, including three times in less than a month in 2020. On June 16, 2020, two individuals were seen damaging the front entry, presumably with an ax later found at the store by police.23Gebo’s June 16, 2020, Incident Report, 4. They stole four firearms from a glass display cabinet. On June 28, two individuals again forced entry into the store and stole 35 firearms.24Gebo’s June 28, 2020, Incident Report, 12. On July 14, individuals entered through the air conditioning vent on the roof, broke open Gebo’s glass gun cabinets and stole 27 firearms.25Gebo’s July 14, 2020, Incident Report, 2.

Gebo’s in McKinney, Texas, has also been repeatedly burglarized. On May 28, 2021, a man with a crowbar and laundry bags stole 38 firearms from the store.26KCBD Staff, “Lubbock man admits to stealing 38 firearms from Gebo’s,” August 17, 2021, https://www.fox34.com/2021/08/17/lubbock-man-pleads-guilty-stealing-38-firearms-gebos/. On August 12, 2023, an individual forced entry into Gebo’s and stole nine firearms. Then, two days later, seemingly the same suspect returned and burglarized the store again. The unidentified suspect forced his way into the rear of the store and attempted to gain access to the handgun cases but was unsuccessful. He was able to access a gun cabinet, however, and stole 12 long guns from the premises.27ATF, “ATF, National Shooting Sports Foundation Offer Up to $10,000 Reward on Gebo’s Burglaries,” August 21, 2023, https://www.atf.gov/news/pr/atf-national-shooting-sports-foundation-offer-10000-reward-gebo’s-burglaries.

Sportsman Emporium

Sportsman Emporium is a gun dealer located in Morgantown, West Virginia. On November 27, 2021, an individual backed a Chevrolet sedan into the front entrance of the store, heavily damaging the doors. According to law enforcement records, security footage shows that the suspect then “quickly grabs 5 firearms located on a shelf behind a display counter and immediately exits the store.”28Sportsman Emporium 2021 Incident Report, 2. Photographs included in the police report show easily accessible firearms at the store after business hours.

Crime scene photos from the burglary of Sportsman Emporium gun store in November 2021.
Crime scene photos from the burglary of Sportsman Emporium in November 2021.

Summit Armory

Summit Armory is a gun dealer located in Bath, Ohio. A promotional video on the store’s website depicts firearms left unsecured in glass display cases and resting on wall racks.29Summit Armory homepage, accessed March 28, 2024, https://summitarmory.com/. On November 3, 2022, three individuals stole 30 firearms in what law enforcement described as a “smash and grab” that only lasted a minute.30Emily Mills, “Suspect arrested in Summit Armory burglary in Bath Township,” Akron Beacon Journal, January 12, 2023, https://www.beaconjournal.com/story/news/crime/2023/01/12/zaveeyon-teasley-arrested-summit-armory-burglary-bath-township/69801595007/. According to police, “One of the glass displays of handguns was smashed. Beside the display, there was a hammer on the floor. The top two rows of the display were empty of handguns. There were also three empty spaces on the wall where rifles are displayed.”31Summit Armory 2022 Incident Report, 19.

One of the stolen guns was later recovered by Cleveland law enforcement from a 14-year-old boy. Two teenagers were arrested for the burglary, and the third died after being shot in the head by another 14-year-old boy only two weeks after the break-in.32Dave Nethers, “How investigators tracked down suspects in smash-and-grab robbery at local gun shop,” Fox 8 News, January 12, 2023, https://fox8.com/news/how-investigators-tracked-down-suspects-in-smash-and-grab-robbery-at-local-gun-shop/. One of the teenagers told law enforcement that they had dropped most of the guns off at the residence of members of the “Blitz gang” immediately after the break-in.33Summit Armory 2022 Incident Report, 32.

Photos from the Summit Armory gun store burglary show the smashed front entryway and the hammer used to break into glass display cases.
Photos from the Summit Armory gun store burglary show the smashed front entryway and the hammer used to break into glass display cases.
Photos from the Summit Armory burglary crime scene show the smashed front entryway and the hammer used to break into glass display cases.

Sportsman’s Elite

On August 16, 2020, thieves forced entry into Sportsman’s Elite, located in El Paso, Texas, with a pair of pliers. The burglars broke into the glass gun display case and quickly stole 15 firearms. The corresponding police report states, “The officers noticed that glass cabinets were broken and firearms were missing. There were numerous high powered and hunting rifles located throughout the store which were not stolen,” including “numerous rifles, shotguns, and handguns that were located throughout the business unsecured.”34Sportsman’s Elite 2020 Incident Report, 17.

Crime scene photos show the broken display case at Sportsman’s Elite and several unsecured long guns.
Crime scene photos show the broken display case at Sportsman’s Elite and several unsecured long guns.

ATF Guidance on FFL Security Measures

The thefts highlighted in this report exemplify the low level of security at FFLs around the country, and the consequences of these vulnerabilities. In several instances, burglars with basic tools and minimal planning were able to steal dozens of firearms in a short period of time. In 2016, the ATF promulgated a brief guide on how FFLs can better secure their inventories and prevent burglaries, but adoption of this guidance is voluntary.35ATF, “Loss Prevention for Firearms Retailers,” January 2016, https://www.atf.gov/file/109806/download.

In the guide, the ATF recommends several best practices and loss prevention controls that FFLs could adopt to lessen the likelihood of a burglary.36The gun industry’s trade association, the National Shooting Sports Foundation (NSSF), has repeatedly opposed the codification of FFL security requirements. See, e.g., Larry Keane, “Burdensome Security Bill Threatens the Future of Small Businesses,” NSSF, June 12, 2019, https://www.nssf.org/articles/burdensome-security-bill-threatens-future-small-businesses/. Instead, the NSSF promotes its “Operation Secure Store” program in partnership with the ATF as well as security assessments for members. The ATF issued another report in 2021, primarily focused on FFL theft/loss reporting obligations, that also notes that gun store thefts “continue to be a significant concern for law enforcement and the general public” and recommends “that FFLs take every precaution available to protect their firearms from theft or loss.”37ATF, “Safety and Security Information for Federal Firearms Licensees,” June 2021, 2, https://www.atf.gov/firearms/docs/guide/safety-and-security-information-federal-firearms-licensees-atf-p-33172/download. The 2021 ATF report reiterates (and cites) the 2016 guidance, recommending alarm systems and the adoption of security measures.

States Taking Action on Gun Dealer Security Measures

While the vast majority of states have not yet codified FFL security requirements, nine states and Washington, D.C., have enacted legislation imposing a variety of security measures:

  • California requires that, when closed for business, FFLs must either store their firearms in a secure part of their premises, with a rod or cable through the trigger, or in a locked fireproof safe.38Cal. Pen. Code § 26890(a). As of January 1, 2024, FFLs are also required to maintain digital video surveillance systems.39Cal. Pen. Code § 26806.
  • Connecticut requires a burglar alarm connected to the local police department or monitored by a central station.40Conn. Gen. Stat. § 29-37d(a).
  • Illinois requires video surveillance and alarm systems as well as the submission of a safe storage plan to the state police.41430 ILCS § 68/5-50; 430 ILCS § 68/5-55. The plan must address, among other things, removing or replacing firearms to show to customers, structural security, and employee training on theft prevention measures.4220 Ill. Admin. Code 1232.80(a).
  • Maryland requires that gun dealers must install video surveillance, an alarm system, and physical security measures at entry points. Additionally, Maryland law requires that firearms are secured outside of business hours.43Md. Public Safety Code Ann. § 5-145.1.
  • Massachusetts requires that the firearms inventory is stored safely and not displayed in windows.44Mass. Ann. Laws ch. 140, §§ 123, 131L(a).
  • Minnesota requires that small firearms dealers (those displaying less than 50 pistols at any time) must place all pistols in a locked safe or steel gun cabinet, or secure them with a locked steel rod or cable, after business hours and when the business is unattended.45Minn. Stat. § 624.7161, subd. 1(c), subd. 2. In addition, the Commissioner of Public Safety is required to adopt standards for minimum security requirements for all firearms dealers, including alarms, and an inspection system.46Minn. Stat. § 624.7161, subd. 1(d), subd. 3. Dealers may request exemptions from this system. Minn. R. 7504.0600.
  • New Jersey requires that FFLs provide security plans to the State Police for approval prior to installation and before dealers obtain inventory.47N.J.A.C § 13:54-6.2(a), (b). New Jersey law also directs the State Police to “prescribe standards and qualifications for retail dealers of firearms and their employees for the protection of the public safety, health and welfare.”48N.J.A.C. § 2C:58-2. The implementing regulations require that “[e]ach retail dealer shall install a system for the prevention and detection of the theft of firearms or ammunition from the business premises”49N.J.A.C. §13:54-3.11. and specify what that system must contain.50N.J.A.C. §13:54-6.1 et. seq.
  • New York requires that gun dealers implement security plans that include secure storage measures and alarms.51N.Y. Gen. Bus. L. § 875-b.
  • Pennsylvania requires certain storage measures for licensed firearms dealers if state law enforcement find a “clear and present danger to public safety” exists in the area in which the firearms dealer is located.5237 Pa. Code § 31.103; 31.104.
  • Washington, D.C., requires FFLs to keep all firearms and ammunition in “a securely locked place affixed to the premises” when they are not being shown to a customer, being repaired, or otherwise worked on.53D.C. Code § 7-2504.07(a).

Gun dealers in states without dealer licensing requirements are more likely to have guns stolen. In states without licensing, ATF data shows that gun dealers lose 1.6 times more guns to burglary and nearly 9 times more guns to robberies. Further, gun stores in states without dealer licensing have 3.6 times more guns stolen per 100,000 people.54Analysis of ATF “Federal Firearms Licensee Theft/Loss Report – 2022” data, https://www.atf.gov/resource-center/federal-firearms-licensee-theftloss-report-2022.

Statistics about thefts and burglaries in states without dealer licensing laws.

After enacting legislation requiring licensing and physical security, state officials should also ensure that such laws are enforced. New Jersey has taken action against one gun store with poor security measures. In December 2023, the New Jersey Attorney General’s Office (NJAG) filed two lawsuits against three members of the gun industry55New Jersey Attorney General’s Office, “Attorney General Platkin Files Civil Complaints Against Pennsylvania Gun Show Company, New Jersey Gun Dealer Under NJ Public Nuisance Law,” December 12, 2023,  https://www.njoag.gov/attorney-general-platkin-files-civil-complaints-against-pennsylvania-gun-show-company-new-jersey-gun-dealer-under-nj-public-nuisance-law/. pursuant to a recently enacted firearms public nuisance law.56N.J. Stat. Ann. § 2C:58-34. One of these cases was brought against FSS Armory, an FFL that, according to the state’s complaint, lacked adequate physical security measures. The weak security, captured in a photograph below from the NJAG’s complaint, was discovered by thieves in an online search.57See Platkin v. FSS Armory, https://www.nj.gov/oag/newsreleases23/2023-1212_FSS-Armory-Complaint.pdf.

A Google Maps screenshot showing the poor security measures inside  FSS Armory of Pine Brook, New Jersey.
A Google Maps screenshot included in the New Jersey attorney general’s complaint shows guns left unsecured near FSS Armory’s front window.

According to the complaint, shortly after locating the store online, the thieves drove to FSS Armory and “broke the glass window, reached through, and stole twenty guns. The burglars promptly trafficked the guns. Some have since been…recovered in criminal investigations. Others have been used in crimes or recovered at active crime scenes. Most remain unaccounted for.” FSS Armory allegedly violated New Jersey law, which mandates that “[n]o firearm or imitation thereof shall be placed in any window or in any other part of the premises where it can be readily seen from the outside.”58N.J.S.A. 2C:58-2(a)(3). The complaint also asserts that “[b]y failing to safeguard its guns as required by law, and by advertising that failure on the internet, FSS Armory facilitated criminals’ theft of twenty of those guns. FSS Armory thereby contributed to and perpetuated the public nuisance of illegal guns plaguing the [State]. Until all of those guns are recovered, the State must bear the cost of fielding multi-agency police responses and large-scale investigations — sometimes in collaboration with other jurisdictions.”

The NJAG brought the suit under new authority, effective in July of 2022, that “empowered the Attorney General to bring a civil case against any gun industry member whose misconduct creates, maintains, or contributes to a public nuisance within the state.” This authority includes actions against gun stores  “who fail to implement and enforce reasonable safeguards and business practices to, in particular, prevent loss or theft of products and ensure compliance with New Jersey law.”59See Platkin v. FSS Armory, citing N.J.S.A. 2C:58-35(a)(1)-(a)(2).

New Jersey’s recent lawsuit against FSS Armory, while still in early stages, provides a potential roadmap for lawsuits based on FFL security failures — and also demonstrates the importance of passing accountability laws with robust enforcement mechanisms. Accordingly, particularly given that such a large proportion of stolen guns are traced back to a small number of gun dealers, state officials should ensure that licensing and/or accountability laws include strong compliance mechanisms and penalties that target repeat offenders. And states should not hesitate to file lawsuits against dealers that do not comply with these laws.

Recommendations to Help Reduce FFL Burglaries

In the absence of federal legislation mandating basic FFL physical security measures, states without gun dealer security laws should enact legislation requiring that gun dealers: 

  1. Obtain a state license conditioned on physical security inspections by local or state law enforcement and the submission of a safe storage plan to the licensing authority;
  2. Maintain robust security measures, including:
    Security cameras and alarms
    Entryway security, including bollards or balusters, and protecting glass doors or windows by installation of pull-down gates or bars
    Securing inventory in a safe or vault or using locking devices
  3. Ensure records are available for inspection by local or state authorities;
  4. Report all firearm thefts and losses to local and state authorities; and
  5. Train employees on security policies and best practices.

Additionally, in order to ensure compliance with these requirements, states should include enforcement mechanisms in their legislation. States that have adopted public nuisance statutes to hold members of the gun industry accountable for dangerous, unsafe practices — like New Jersey — should ensure that physical security requirements are included in those laws. Penalties for noncompliance should be escalating and robust, and include the potential for license suspension, license revocation, and civil liability.