The question of whether New Jersey has a red flag law is answered by examining the state’s approach to what are commonly called “red flag” laws elsewhere. In New Jersey, this legal framework exists under the Extreme Risk Protective Order Act, which allows courts to intervene when someone is believed to pose a significant risk of harming themselves or others with a firearm. The law is designed to prevent violence before it happens by temporarily restricting access to guns for individuals deemed dangerous by a court.
What Is a Red Flag Law?
A red flag law generally refers to a statute that permits the temporary removal of firearms from a person who may pose imminent danger to themselves or others. These laws typically set up a civil court process where a judge can issue a protective order after considering evidence presented by petitioners who are concerned about the person’s behavior. While the name “red flag” is widely used in media and public discussions, many states, including New Jersey, use the term extreme risk protection order or ERPO to describe this legal tool.
New Jersey’s Extreme Risk Protective Order Law
In New Jersey, the legal mechanism that serves as the state’s red flag law is the Extreme Risk Protective Order Act, which was enacted in 2019. Under this law, a court can issue an Extreme Risk Protective Order (ERPO) to temporarily prohibit a person from possessing, purchasing, or receiving firearms and ammunition if the court finds they pose a significant risk of causing bodily harm to themselves or others.
The law applies through a civil court process rather than a criminal one, meaning that seeking an order does not itself involve criminal charges against the subject of the petition. Instead, it is a preventive tool to reduce the likelihood of firearm-related violence, including suicides, domestic violence, and other forms of gun violence.
Who Can File an ERPO Petition?
One of the notable features of New Jersey’s red flag law is who is eligible to petition the court for an ERPO. In New Jersey, the individuals allowed to file such a petition include family members, household members, and law enforcement officers. This means that loved ones who notice concerning behavior, as well as police officers who identify risk factors, can initiate the process by submitting evidence to the court that the respondent poses an immediate danger.
The petitioner must provide information about why they believe the person is dangerous, including any known firearms the individual owns and where they are located. The documented risk factors are considered by the judge during an expedited hearing to determine whether a temporary order should be issued.
Temporary and Final Orders
Once a petition is filed, a judge can issue a temporary extreme risk protective order if they find good cause to believe the respondent poses an immediate danger by having access to firearms. This temporary order can take effect quickly, often without the respondent present, and requires the subject to surrender all firearms and ammunition to law enforcement.
After the temporary order is in place, a hearing is scheduled, typically within a short timeframe, at which the respondent has an opportunity to be heard. During this hearing, the court reviews the evidence and decides whether to issue a final extreme risk protective order. If granted, the final order extends the restrictions on firearm possession for a longer duration, which can last for up to a year or longer depending on the circumstances and court findings.
Legal Standards and Due Process
To issue a temporary ERPO, the judge must find “good cause” to believe the respondent poses an immediate threat. For the final order, the court generally applies a standard such as “preponderance of the evidence,” meaning it is more likely than not that the person poses a significant risk. These standards aim to balance public safety with procedural fairness for the individual subject to the order.
Because the ERPO process is civil rather than criminal, the respondent can present evidence and argue against the order during hearings. However, while the order is in effect, the individual is prohibited from possessing or purchasing firearms and must relinquish any permits they hold, including firearms purchaser cards or carry permits.
Impact and Purpose of the Law
New Jersey’s red flag law is part of a broader movement in the United States to implement extreme risk protection measures to prevent gun violence. Supporters of such laws argue that they provide a way to intervene in crisis situations before tragic outcomes occur, while critics may raise concerns about due process and civil liberties. Nonetheless, proponents note that allowing family members and law enforcement to petition for protective orders can help prevent suicides, mass shootings, and other violent acts by temporarily removing weapons from individuals in crisis.
Conclusion
In summary, New Jersey does have a red flag law, implemented through the Extreme Risk Protective Order Act. This law equips courts with the authority to issue protective orders that temporarily restrict a person’s access to firearms if they are deemed a danger to themselves or others. Family members, household members, and law enforcement officers can file petitions, and the law includes procedures for both temporary and final orders with options for hearings and due process. The goal of this law is to provide a preventive tool aimed at reducing gun-related harm while balancing individual rights and community safety.