New Jersey law includes a tool for preventing gun violence, often called a “red flag” law. Operating as a specialized red flag statute, this legislation empowers the judiciary to mandate the temporary confiscation of firearms.
Such intervention occurs when it is demonstrated that a person presents a substantial threat of causing bodily injury to themselves or the public. This civil process involves specific steps that directly impact a person’s Second Amendment rights.
What is an Extreme Risk Protection Order?
An Extreme Risk Protection Order (ERPO) is a civil court order, not a criminal charge. Its purpose is to create a temporary “time out” by removing access to firearms when there is credible evidence of impending harm. If a judge grants the order, the named person must surrender all their firearms and their firearms purchaser identification card to law enforcement, thereby temporarily removing the weapons.
How does the ERPO process begin?
The ERPO process begins when someone files a petition with the court. In New Jersey, the following individuals can file this petition:
- A family member
- A household member
- A law enforcement officer
The petitioner must provide evidence alleging the person poses a significant danger of bodily injury. This evidence can include a history of threats, violent acts or other behavior indicating a risk of self-harm or harm to others. Filing the petition initiates the legal process.
What happens after a petition is filed?
The legal process for an ERPO typically involves two stages. First, a judge reviews the petition and may issue a Temporary Extreme Risk Protection Order (TERPO). This short-term order requires a final hearing within 10 days. At that hearing, the person has the right to present evidence and contest the order. The judge then decides whether to issue a Final Extreme Risk Protective Order (FERPO), which can remain in effect until the respondent successfully petitions the court to terminate it.
Understanding the ERPO hearing process
The effects of a final ERPO are significant, involving the loss of firearms and the right to purchase them. Because these orders directly affect constitutional rights, a person facing an ERPO must understand the specific standards of proof and court procedures. At an ERPO hearing, a person can present evidence and challenge the claims made in the petition. Protecting one’s rights under New Jersey law requires properly addressing these claims in court.