AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
The Second Amendment protects your right to keep and bear arms. Still, when someone is seen as a real and immediate danger, courts can step in and order guns taken for a time to protect people from harm.
Many states use red flag laws for this purpose. New Jersey adopted a red flag process called the Extreme Risk Protective Order Act. It was enacted in 2018 and took effect on September 1, 2019. It allows the court to act fast when a real risk is shown.
If you have been the subject of an emergency protective order under New Jersey’s Extreme Risk Protective Order Act, our team of New Jersey gun crime lawyers at Lustberg Law Offices, LLC can help you understand and defend your rights under the law. While the initial order may be temporary, a final ERPO is issued only if the petitioner proves by a preponderance of the evidence that the respondent poses a significant danger. A final order remains in effect until the court terminates it. During that time, you can be prohibited from buying a weapon in New Jersey and from possessing firearms or ammunition. We can help you make your case before the court and ensure that your rights to bear a firearm are not taken from you.
Call a New Jersey red flag lawyer today at (201) 880-5311 to schedule a consultation.
The debate over gun ownership is heated. You hear strong views on both sides. Red flag laws sit right in the middle of that debate and draw both support and criticism.
Some civil rights and gun advocacy groups argue that due process can get shortchanged. You might not get to tell your side in court before your firearms are taken. These orders can save lives in real emergencies, but they can also feel unfair when the claims of potential harm are exaggerated.
If someone files an emergency protective order against you, the court will look for solid proof. You will need clear evidence and testimony to show you are not a danger and that the order should not stand. Going it alone makes this harder than it needs to be. A strong plan matters. Small mistakes can hurt your case.
Our team at Lustberg Law Offices, LLC can step in and help you build your case. We can review what was submitted against you, find the gaps, and bring forward records, witnesses, and context that support your side. You do not have to face this on your own. We can help.
If you are dealing with gun violence allegations or gun-related charges, talk to a skilled New Jersey attorney today. We can talk through your options and protect your rights.
Contact Lustberg Law Offices, LLC today at (201) 880-5311 to schedule a free initial consultation.
New Jersey Red Flag laws provide a legal framework to temporarily disarm individuals of firearms, thereby theoretically protecting individuals from violent acts before they happen. These emergency orders of protection were developed to enable the court to more easily confiscate or prevent the use of a firearm if there was sufficient evidence that an individual was an imminent threat of harming themselves or others.
An emergency order of protection in New Jersey can be issued against an individual even if they own a firearm legally and have committed no weapons crime. A temporary order is issued until the case can be heard by the court, where a final order is determined.
As a New Jersey defense lawyer, Attorney Lustberg has experience handling various cases, including firearms enforcement, firearms offenses, ERPO matters, and red flag cases in New Jersey. He has helped many clients who have been prohibited from purchasing firearms due to criminal charges or other legal issues.
If you are a respondent in a red flag case, it is important to have an experienced attorney on your side. Attorney Lustberg can help you navigate the legal system and ensure that your rights are protected. He can also help you respond to any agency or school inquiries regarding your firearms license or ownership.
If you need to speak to an experienced New Jersey attorney for gun charges, call us today at (201) 880-5311.
Attorney Adam M. Lustberg defends people facing New Jersey red flag matters and other criminal charges. His commitment to defense work began at Seton Hall University School of Law, where he served with the Essex County Public Defender’s Office and later represented youths in the Juvenile Justice Clinic. Since then, he has stood beside clients at every stage of a case, from arraignment through jury trial, and has argued at more than 30 detention hearings under New Jersey’s criminal justice reform system.
Admitted in New Jersey and New York, Adam handles a full range of charges in Municipal and Superior Court, including ERPO proceedings, weapons offenses, drug cases, violent crimes, and homicide matters. He is known for his meticulous preparation and direct, practical advocacy.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Under the Extreme Risk Protective Order Act, New Jersey’s red flag law enables family or household members and law enforcement officers to petition the court. This order can temporarily prevent someone in New Jersey from possessing or purchasing a firearm or ammunition if there is sufficient evidence that they may be a danger.
Under New Jersey’s red flag law, the power of the court to confiscate firearms has been greatly expanded. Law enforcement can now more easily obtain an order to temporarily remove an individual’s firearm or the right to own a firearm when:
While the purpose of this legislation is to protect potential victims, it can also be used unfairly against the subject of the order or without sufficient evidence of a dangerous threat.
If you are facing charges related to guns or gun violence in New Jersey, Attorney Lustberg can help. He has experience in handling a variety of gun cases in New Jersey and can help you understand the charges against you. He can also help you develop a defense strategy that is tailored to your specific case.
To learn more about how Attorney Lustberg can help you with your legal needs in New Jersey, contact Lustberg Law Offices, LLC today.
Learn Also About
Similar to orders of protection under the Prevention of Domestic Violence Act in NJ, a temporary extreme risk protective order may be issued ex parte (without the respondent present) upon a showing of good cause; a prompt court hearing follows. The subject may not even know there is an order against them until the police force shows up at their door to confiscate their weapons.
Firearms in New Jersey may be immediately confiscated under an ERPO, requiring the subject to petition the court for its termination and present his or her own evidence. But the court takes these matters very seriously. It can be reluctant to return firearms to an individual if they feel there is any validity to the dangers expressed in the petition.
Unfortunately, the subject of an extreme risk order of protection may find it difficult to effectively convey to the court that they are not a danger. In many cases, they often make things worse for themselves. It is essential for the subject of an ERPO to have a skilled New Jersey lawyer in their corner to help convince the court that they are not a danger. If you have been the subject of an ERPO, let us help. The experienced New Jersey criminal defense lawyers at Lustberg Law Offices, LLC can skillfully negotiate with the prosecution on your behalf and work to get your rights and firearms restored after the issuance of an ERPO.
To schedule a consultation with a skilled New Jersey attorney at the Lustberg Law Offices, LLC, call us at (201) 880-5311.
In New Jersey, family members, household members, and police officers are qualified to seek an ERPO against an individual.
Qualified individuals are defined by the same criteria that are used for restraining orders in domestic violence situations, including:
In addition to these individuals, law enforcement and some third parties may have concerns about the safety of an individual. A licensed mental health provider may contact police officers to report a safety concern under their professional duty to warn. If the court believes that the individual does pose an imminent danger to themselves or others, they may issue an ERPO.
Before the court issues an ERPO, the petitioner must include a sworn affidavit outlining the evidence of the alleged extreme risk. The petitioner must also, if possible, note the nature and location of any firearms.
Based on the petition and relevant evidence, the court will determine whether a temporary order is necessary to ensure the safety of the petitioner, the public, or the individual themselves.
They will consider many factors as outlined in N.J.S.A.2C:58-23(f) when making this decision, including:
Furthermore, the courts have added seven more factors that the judge must consider before issuing a temporary order under the Guidelines for Extreme Risk Protective Orders. These are:
When someone files for an Extreme Risk Protective Order in New Jersey, the petition must be backed by sworn facts. The form requires an affidavit or testimony under oath, so statements are certified as true. This is meant to protect you and the process from abuse. If someone lies or files a malicious petition, prosecutors can charge crimes like perjury, false swearing, or unsworn falsification, depending on how the statement was made.
Making a material false statement under oath is perjury, a third-degree crime. False swearing and unsworn falsification may also apply when someone swears falsely or signs a form that warns false statements are punishable. These offenses carry real exposure, including fines and possible jail time.
Violating a temporary or final ERPO is also serious. Purposely or knowingly disobeying an ERPO or failing to surrender firearms, permits, or ammunition as ordered constitutes contempt under N.J.S.A. 2C:29-9(e). This fourth-degree crime is punishable by fines up to $10,000 and a state prison sentence of up to 18 months. For example, failing to file the firearm-surrender receipt with the county prosecutor within 48 hours after service constitutes contempt by statute.
This framework protects fairness for you and for the community. It deters misuse and supports orders based on reliable facts, not rumor or spite. If you were served based on exaggerated or false claims, you still have rights in court.
If you were served with an ERPO or you believe a petition was filed in bad faith, talk with a New Jersey attorney right away. A New Jersey red flag lawyer can review the petition and evidence, document procedural problems, challenge weak claims at the hearing, seek modification or termination of an order, and defend you against any contempt charge.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
The Temporary Extreme Risk Protective Order prohibits the subject of the order from:
The temporary order will also trigger the immediate surrender of any firearms or ammunition in the subject’s control or possession, any Firearms Purchaser Identification Card, or permit to purchase or carry a handgun. Once a temporary order is issued, police officers may confiscate firearms and ammunition and prevent the subject from purchasing new ones.
The court will hold a final-order hearing within 10 days of the petition’s filing. After that hearing, the judge decides whether to issue a final ERPO, which may or may not restore the respondent’s access to firearms.
The Administrative Office of the Courts in New Jersey maintains an electronic central registry that houses the records of individuals affected by final Extreme Risk Protective Orders (ERPOs) or those charged with violating temporary or final ERPOs. These records are treated with the utmost confidentiality and are exclusively accessible to law enforcement agencies engaged in the investigation of crimes, offenses, and domestic violence incidents, as well as conducting background checks for firearms purchaser identification cards, handgun purchase permits, or positions in law enforcement. Additionally, access to the registry is granted for any other lawful purpose authorized by the State of New Jersey’s Supreme Court.
To protect the privacy of respondents, the registry ensures that their personal information, except for data concerning temporary or final order violations, remains confidential. Once an extreme risk protective order has been terminated, the registry promptly removes the respondent’s information, unless there are relevant violation records that need to be retained.
In situations where an individual in New Jersey is subject to an ERPO or faces allegations of violating such an order, a New Jersey red flag lawyer can provide invaluable assistance. At Lustberg Law Offices LLC, our team of New Jersey red flag attorneys may be able to help ensure that you’ll receive fair treatment throughout the proceedings.
Call us today at (201) 880-5311 to schedule a consultation.
At any time after a final ERPO is issued, the respondent may petition the court to terminate the order, with a hearing where evidence is considered.
Going before the court requires well-prepared evidence that will convince the judge that you are not dangerous and that the ERPO was not justified. However, pleading your case before the court on your own is never advisable, particularly in cases involving an ERPO. If you are facing an Extreme Risk Protective Order in New Jersey, you need the skilled help of an experienced New Jersey attorney who understands the laws and what the court will want to see.
Led by attorney Adam M. Lustberg, our team at Lustberg Law Offices, LLC stands ready to defend the rights of our clients. We understand New Jersey red flag laws and advocate diligently for your rights and to have the order lifted and restored legal access to your firearms and ammunition.
Talking to an experienced New Jersey Attorney can help you with gun-related charges. Call us today at (201) 880-5311.
While we all can agree that dangerous people should not be in possession of firearms, red flag laws can lack clarity, and petitions can often be brought against an individual with very ambiguous evidence. Although New Jersey’s red flag laws have been crafted to limit petitioners, the definitions of who can file a petition are still very broad.
New Jersey Red Flag laws have been modeled after domestic violence restraining orders. Although most petitioners of Extreme Risk Protective Orders do so for good reasons, there may be matters of false accusations that can have serious consequences.
Furthermore, New Jersey red flag laws have been notoriously vague in their definition of “significant danger.” Innocent individuals may find that having an ERPO issued against them can have a serious impact on their reputation and future and may further implicate them in the future because of a perceived violent tendency.
To speak with an experienced New Jersey lawyer about your gun case, contact Lustberg Law Offices, LLC today.
A petition will be reviewed by the court on an ex parte basis, meaning only the petitioner is heard on the application and, if they find sufficient evidence, an ERPO will be issued. Because these protective orders are issued under emergent situations, there is no attempt to contact the subject or hold a hearing until after the temporary order is issued.
There is little an individual can do to prevent the court from issuing a Temporary Extreme Risk Protective Order. Because there is no way for the court to understand the subject’s side of the story, or to consider evidence that may refute the allegations, the lack of due process is regarded as one of the main problems with these orders.
| Offense | Crime Degree | Penalties |
|---|---|---|
| Perjury | Third degree | 3–5 years prison; up to $15,000 fine |
| False Swearing | Fourth degree | Up to 18 months prison; fines |
| Unsworn Falsification | Fourth degree | Up to 18 months prison; fines |
| Violating ERPO (Contempt) | Fourth degree | Up to 18 months prison; up to $10,000 fine |
You may have been served notice of an Extreme Risk Protective Order without understanding why or even knowing it. But once it has been issued, law enforcement has the right to seize your firearms, ammunition, and any licenses or permits you may have. While the court will schedule a hearing where you may present your own defense, the order of protection will become final if the court issues a verdict against you.
If you have found yourself the subject of a Temporary Extreme Risk Protective Order in New Jersey, getting ahead of the matter and helping ensure your best success when defending yourself in court is critical. This requires the assistance of a red flag law attorney with a comprehensive understanding of the laws and a proven ability to protect your rights under the circumstances.
At the Lustberg Law Offices, LLC, attorney Adam M. Lustberg can carefully investigate your case and fiercely advocate for your rights to firearms ownership.
In addition to his work in red flag cases, Attorney Lustberg also handles other criminal defense cases. He has a deep understanding of New Jersey law and can help you navigate the legal system.
Call us at (201) 880-5311 or contact us via our online contact form to schedule a free initial consultation. Let us help you get your rights restored under the law.
