NJ’s Red Flag Law Starts 9/1/19
-Extreme Risk Protective Order-
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Extreme risk laws empower families, household members, or law enforcement officers to temporarily remove a person’s access to firearms before they commit a violent crime.
Extreme risk laws create a process to allow a petition directly to the court for an Extreme Risk Protection Order that temporarily restricts a person’s access to firearms and ammunition.
Extreme risk laws create a process to allow a petition directly to the court for an Extreme Risk Protection Order that temporarily restricts a person’s access to firearms and ammunition.
See NJ's Protective Order and Directive to Law Enforcement
"Extreme Risk Protective Order Act of 2018"
NJ's Extreme-Risk Directive
The Fourth Amendment to the United States Constitution allows for a warrant-less search when exigent circumstances exist.
Exigent circumstances exist in situations where a situation where people are in imminent danger, where evidence faces imminent destruction, or prior to a suspect's imminent escape.
Whether or not exigent circumstances were present, however, would be evaluated by a court on a case by case basis
In order to issue an Extreme Risk Protection Order, a court must find credible evidence that an individual is dangerous. In situations where the individual is also armed, it is likely that a court would find exigent circumstances allowing law enforcement to conduct a warrant-less search for weapons concurrently with serving an order.
Exigent circumstances exist in situations where a situation where people are in imminent danger, where evidence faces imminent destruction, or prior to a suspect's imminent escape.
Whether or not exigent circumstances were present, however, would be evaluated by a court on a case by case basis
In order to issue an Extreme Risk Protection Order, a court must find credible evidence that an individual is dangerous. In situations where the individual is also armed, it is likely that a court would find exigent circumstances allowing law enforcement to conduct a warrant-less search for weapons concurrently with serving an order.
GunSitters can eliminate the need for an Extreme Risk Protection Order
In order to be subject of an ERPO you have to have firearms- GunSitters has a special program that will automatically be triggered if your guns are in storage and you are served with an ERPO.
