Anyway they can:

The lawsuit, by the Washington-based Brady Campaign to Prevent Gun Violence and a local chapter of the Million Mom March accuses the state Attorney General’s Office of failing to comply with the 2002 law regarding personalized handguns, often called smart guns.

Under the law, three years after smart guns become available anywhere in the country, all guns sold in New Jersey will have to use the technology. The law also requires the attorney general to submit a report to the governor and the Legislature every six months on the availability of smart guns.

The basis of the lawsuit (according to the article) is that gun stores in CA and MD received “smart guns”… Which they never did sell due to an outcry by gun owners. I’m confused because that only just happened in the last couple of months, not three-years-ago. Oh well, maybe someone with more knowledge of the NJ statute can explain it to me.