New Jersey’s Red Flag Law, officially known as the Extreme Risk Protective Order Act of 2018, is designed to prevent gun violence by temporarily removing firearms from individuals deemed a danger to themselves or others. Enacted in response to growing concerns over mass shootings, suicide, and domestic violence, this law gives families, law enforcement, and certain individuals a legal process to intervene before a crisis occurs. Here’s what you need to know about how New Jersey’s Red Flag Law works and what it means for residents.
What Is the NJ Red Flag Law?
The Red Flag Law allows courts to issue an Extreme Risk Protective Order (ERPO), which temporarily prohibits someone from possessing or purchasing firearms or ammunition. The law is based on the principle of preventive action, meaning that if someone is exhibiting signs of being a threat, authorities can act before harm is done.
This law is civil, not criminal, meaning no one is arrested or convicted under the law itself. However, violating an ERPO can result in criminal charges.
Who Can File a Petition?
Under New Jersey law, the following people can petition the court for an ERPO:
- Family or household members (including current or former spouses, partners, parents, children, or others living in the same home)
- Law enforcement officers
- Dating partners, regardless of cohabitation
Petitioners must file in the New Jersey Superior Court in the county where the respondent (the person alleged to be dangerous) lives.
How the Process Works
The Red Flag Law process includes multiple stages to ensure due process while addressing urgent threats:
Step 1: Temporary ERPO (TERPO)
- A judge reviews the petition, often the same day it is filed.
- If there’s sufficient evidence that the person poses a serious risk, the court may issue a Temporary ERPO.
- Law enforcement can then seize the person’s firearms and suspend their firearm purchasing rights.
Step 2: Final ERPO Hearing
- Within 10 days of the temporary order, the court holds a hearing to determine whether to issue a Final ERPO.
- Both the petitioner and respondent can present evidence and testimony.
- If granted, the Final ERPO can remain in effect indefinitely, though the respondent can apply for termination after one year.
What Happens If an ERPO Is Granted?
If the court issues an ERPO, the following consequences apply:
- The respondent must surrender all firearms and ammunition to law enforcement.
- They are prohibited from purchasing, possessing, or receiving firearms for the duration of the order.
- Their information is added to state and federal background check systems, preventing firearm sales.
Firearms are not automatically returned when the order ends; the respondent must petition the court and pass a background check to regain their weapons.
Legal Protections and Rights
New Jersey’s Red Flag Law includes legal protections to prevent misuse:
- False claims made in bad faith can lead to criminal charges for the petitioner.
- Respondents have the right to attend the final hearing, present evidence, and appeal the decision.
- Orders are based on clear and convincing evidence—not speculation or hearsay.
Why This Law Matters
The Red Flag Law is intended to save lives by preventing:
- Suicides involving firearms
- Domestic violence escalations
- Mass shootings by individuals showing warning signs
Research suggests that these laws, when properly implemented, reduce gun-related deaths and offer a tool for early intervention in mental health and safety crises.
Conclusion
New Jersey’s Red Flag Law is a powerful tool that balances public safety with constitutional rights. It empowers loved ones and law enforcement to take legal steps when someone shows clear warning signs of danger. If you believe someone may pose a threat, or if you’re facing a petition under this law, it is critical to consult a qualified attorney to understand your rights and obligations. Legal guidance ensures the process is fair, evidence-based, and compliant with state and federal law.