Most of our firearms clients are concerned with appealing a decision of a local police department denying the issuance of a Firearms Purchaser Identification Card or handgun purchase permit. Gun owners need to be aware of certain procedures in New Jersey that can be used to confiscate weapons and permits already in their possession.
The Extreme Risk Protective Order Act of 2018 (the “ERPO”) allows for the confiscation of firearms and permits in certain circumstances. This law is modeled on the procedure used to confiscate firearms in domestic violence situations. An ERPO petition can be filed by a current or former spouse, domestic partner or civil union partner; a current or former household member; a co-parent or guardian of a child-in-common; anyone expecting a child with the gun owner; a current or former dating partner; or a member of law enforcement. The petition needs to state why the gun owner is a threat to others or themself. It includes questions concerning 15 risk factors. The petition must also identify the guns at issue, and state where they are located. The petition is filed in the Superior Court of the gun owner’s county of residence.
After filing, the person who filed the petition will be interviewed by court staff. The first hearing should be scheduled promptly, and may be heard by either a Superior Court judge or a municipal court judge. The purpose of the first hearing is to determine whether there exists “good cause” for removing the firearms. If the judge determines that good cause exists, they will issue a temporary firearm removal order. If the judge conducting the hearing was a municipal court judge who denied the petition, the person who filed the petition can request an immediate appeal with an on-call Superior Court judge. If a Superior Court judge denies the request, the filer can then appeal to the Appellate Division of the Superior Court. Continue reading ›