AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
The Constitution of the United States gives individuals the right to bear arms under the Second Amendment. But, in matters involving known dangerous individuals, the court and the law have ways of removing guns from their possession if they pose an imminent danger to themselves or another person.
Given the recent attention to gun violence and widespread calls for further protection from dangerous individuals, many states have implemented what is called “red flag laws” empowering law enforcement agencies to more easily confiscate firearms from those who have been deemed “dangerous.” As of September 1, 2019, New Jersey enacted red flag laws of its own.
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 criminal defense lawyers at Lustberg Law Offices can help you understand and defend your rights under the law. While the initial order of protection against you may be temporary, unless you can convince the court that it was not justified, the final order can linger indefinitely. 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.
While the issue of gun ownership is a thorny one with two distinct sides and perspectives, the red flag laws have also been met with controversy on both sides of the coin.
Since they were originally enacted, many civil rights and gun advocacy groups alike have regarded these laws as a potential violation of due process rights, not allowing the subject of a protective order the ability to argue their case in court prior to gun confiscation. While these orders can protect innocent individuals in very dangerous circumstances, in some cases, subjects of these orders of protection find that the law has been used against them unjustly.
To defend yourself against these emergency protective orders, you must be able to offer extensive evidence and testimony to prove that you are not a danger and to convince the court that the emergency order was not justified. This is when it is critical to have the skilled legal representation of an experienced New Jersey attorney to represent your interests and your rights to continue owning a firearm.
At the Lustberg Law Offices, our skilled legal defense team of experienced red flag law attorneys can help determine the best approach to defend you against an ERPO by reviewing the evidence introduced to support the order and offering evidence to refute or counter it. Nobody should face this alone without skilled legal assistance. Let us help.
A skilled New Jersey attorney can help you deal with gun violence or gun-related charges.
Contact our offices 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 those involving firearms enforcement, affirmative firearms, 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.
| Intentions of New Jersey’s Red Flag Laws | Description |
|---|---|
| Confiscate firearms from perceived high-risk individuals | Red flag laws aim to provide a legal framework for the court to confiscate firearms from individuals who are deemed high-risk or an imminent threat to themselves or others. This measure is intended to prevent potential violent acts before they occur. |
| Enable the court to issue emergency orders of protection | The laws enable the court to issue emergency orders of protection, allowing for the temporary confiscation or prevention of firearm use if there is sufficient evidence indicating that an individual poses a threat to themselves or others. These orders can be issued even if the individual legally owns firearms and has not committed any weapons crimes. |
| Determine final orders through court proceedings | A temporary order is initially issued, and the case is subsequently heard by the court to determine whether a final order is necessary. The court evaluates the evidence and assesses the level of risk posed by the individual. The final order can lead to continued firearm confiscation or the restoration of firearm rights, depending on the court’s findings. |
If you need to speak to an experienced New Jersey attorney for gun charges, call us today at (201) 880-5311.
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 household members, family members, police officers, or other parties to petition the court to remove firearms from an individual who they believe is a threat to themselves or others. 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:
The court has been presented with evidence or testimony that provides a basis for confiscation.
After careful evaluation of the evidence, the judge rules that the gun owner may be a risk to himself, herself, or others.
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 today.
Learn Also About
Similar to orders of protection under the Prevention of Domestic Violence Act in NJ, an extreme risk order of protection will be issued ex parte, or before the subject has an opportunity to be heard or to respond. 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 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, 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:
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 in New Jersey will hold a hearing on a later date to hear the merits of the case in greater detail. At that point, the judge will issue a final order that may or may not restore the subject’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 point after the temporary ERPO is granted in New Jersey, the subject can petition the court with evidence that they do not pose a threat. However, this can be a complicated matter.
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.
Attorney Adam M. Lustberg and our team of skilled lawyers at Lustberg Law Offices have spent our careers defending 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 Office 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.
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, attorney Adam M. Lustberg and our experienced team of New Jersey attorneys understand New Jersey’s red flag law and what it takes to represent 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.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. The Lustberg Law Offices, LLC cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter. Privacy Policy | Terms of Service.
