What rights and restrictions does the subject of an Extreme Risk Protection Order have regarding firearm possession and purchase in New Jersey?

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Immediate Effects of an ERPO

Surrender of Firearms When an ERPO is issued, the subject must immediately surrender all firearms and ammunition in their possession to law enforcement. This includes any firearms they own, possess, or have access to.

Firearms Purchaser Identification Card and Permits The subject must surrender their Firearms Purchaser Identification Card and any handgun purchase permits to law enforcement. These documents become invalid for the duration of the ERPO.

Prohibited from Acquiring New Firearms The subject is immediately prohibited from purchasing, acquiring, or attempting to purchase or acquire any firearms or ammunition while the ERPO is in effect.

Duration of Restrictions

Temporary ERPO A temporary ERPO typically lasts until a hearing for a final ERPO can be held, usually within 10 days. During this period, all restrictions on firearm possession and purchase are in full effect.

Final ERPO If a final ERPO is issued after a hearing, the restrictions can last up to one year, with the possibility of renewal if the court deems it necessary.

Rights During the ERPO Process

Right to a Hearing The subject has the right to a hearing before a final ERPO is issued. This hearing must occur within 10 days of the temporary ERPO being served.

Right to Legal Representation The subject has the right to be represented by an attorney during the ERPO hearing. If they cannot afford an New Jersey Extreme Risk Protection Order attorney, they may request a court-appointed lawyer.

Right to Present Evidence During the hearing, the subject has the right to present evidence and witnesses to contest the issuance of a final ERPO.

Restrictions on Firearm Possession

Prohibition on Personal Possession The subject is prohibited from personally possessing any firearms or ammunition while the ERPO is in effect. This includes firearms they may have borrowed or have access to through others.

Restrictions on Access The subject is prohibited from having access to firearms owned by others, even if those firearms are not in their direct possession. This may include firearms owned by family members or roommates.

Workplace Restrictions If the subject’s job typically requires the possession of a firearm (e.g., law enforcement, security), they may be restricted from performing those duties or may need to be reassigned while the ERPO is in effect.

Restrictions on Firearm Purchase

Prohibition on New Purchases The subject is prohibited from purchasing any new firearms or ammunition while the ERPO is in effect. This includes both in-person and online purchases.

Background Check System The subject’s information is entered into the National Instant Criminal Background Check System (NICS), which will prevent them from passing a background check required for firearm purchases.

Private Sales The prohibition extends to private sales as well. It is illegal for anyone to knowingly sell or transfer a firearm to someone subject to an ERPO.

Consequences of Violation

Criminal Charges Violating an ERPO by possessing or attempting to purchase a firearm can result in criminal charges. This is typically considered a third-degree crime in New Jersey.

Additional Legal Consequences Violations can lead to additional legal consequences, such as contempt of court charges or the extension of the ERPO’s duration.

Process for Return of Firearms

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Expiration of ERPO When the ERPO expires or is terminated by the court, the subject doesn’t automatically regain the right to possess firearms. They must follow a specific process for the return of their firearms.

Petition for Return The subject must petition the court for the return of their firearms. The court will consider various factors, including whether the subject still poses a risk.

Background Check Before firearms are returned, the subject must pass a background check to ensure they are not prohibited from possessing firearms for any other reason.

Rights to Appeal or Terminate an ERPO

Right to Appeal The subject has the right to appeal the issuance of a final ERPO to a higher court if they believe it was issued erroneously.

Motion to Terminate The subject can file a motion to terminate the ERPO before its expiration date. They must provide evidence that they no longer pose a significant danger.

An Extreme Risk Protection Order in New Jersey significantly restricts an individual’s rights regarding firearm possession and purchase. While these orders are temporary and subject to due process, they impose strict prohibitions on firearm access and ownership. The subject of an ERPO must navigate a complex legal landscape to contest the order, comply with its terms, and eventually seek the restoration of their firearm rights. These measures are designed to balance public safety concerns with individual rights, providing a legal mechanism to temporarily remove firearms from those deemed to pose a significant risk to themselves or others.

Immediate Effects of an ERPO

Surrender of Firearms When an ERPO is issued, the subject must immediately surrender all firearms and ammunition in their possession to law enforcement. This includes any firearms they own, possess, or have access to.

Firearms Purchaser Identification Card and Permits The subject must surrender their Firearms Purchaser Identification Card and any handgun purchase permits to law enforcement. These documents become invalid for the duration of the ERPO.

Prohibited from Acquiring New Firearms The subject is immediately prohibited from purchasing, acquiring, or attempting to purchase or acquire any firearms or ammunition while the ERPO is in effect.

Duration of Restrictions

Temporary ERPO A temporary ERPO typically lasts until a hearing for a final ERPO can be held, usually within 10 days. During this period, all restrictions on firearm possession and purchase are in full effect.

Final ERPO If a final ERPO is issued after a hearing, the restrictions can last up to one year, with the possibility of renewal if the court deems it necessary.

Rights During the ERPO Process

Right to a Hearing The subject has the right to a hearing before a final ERPO is issued. This hearing must occur within 10 days of the temporary ERPO being served.

Right to Legal Representation The subject has the right to be represented by an attorney during the ERPO hearing. If they cannot afford an New Jersey Extreme Risk Protection Order attorney, they may request a court-appointed lawyer.

Right to Present Evidence During the hearing, the subject has the right to present evidence and witnesses to contest the issuance of a final ERPO.

Restrictions on Firearm Possession

Prohibition on Personal Possession The subject is prohibited from personally possessing any firearms or ammunition while the ERPO is in effect. This includes firearms they may have borrowed or have access to through others.

Restrictions on Access The subject is prohibited from having access to firearms owned by others, even if those firearms are not in their direct possession. This may include firearms owned by family members or roommates.

Workplace Restrictions If the subject’s job typically requires the possession of a firearm (e.g., law enforcement, security), they may be restricted from performing those duties or may need to be reassigned while the ERPO is in effect.

Restrictions on Firearm Purchase

Prohibition on New Purchases The subject is prohibited from purchasing any new firearms or ammunition while the ERPO is in effect. This includes both in-person and online purchases.

Background Check System The subject’s information is entered into the National Instant Criminal Background Check System (NICS), which will prevent them from passing a background check required for firearm purchases.

Private Sales The prohibition extends to private sales as well. It is illegal for anyone to knowingly sell or transfer a firearm to someone subject to an ERPO.

Consequences of Violation

Criminal Charges Violating an ERPO by possessing or attempting to purchase a firearm can result in criminal charges. This is typically considered a third-degree crime in New Jersey.

Additional Legal Consequences Violations can lead to additional legal consequences, such as contempt of court charges or the extension of the ERPO’s duration.

Process for Return of Firearms

Expiration of ERPO When the ERPO expires or is terminated by the court, the subject doesn’t automatically regain the right to possess firearms. They must follow a specific process for the return of their firearms.

Petition for Return The subject must petition the court for the return of their firearms. The court will consider various factors, including whether the subject still poses a risk.

Background Check Before firearms are returned, the subject must pass a background check to ensure they are not prohibited from possessing firearms for any other reason.

Rights to Appeal or Terminate an ERPO

Right to Appeal The subject has the right to appeal the issuance of a final ERPO to a higher court if they believe it was issued erroneously.

Motion to Terminate The subject can file a motion to terminate the ERPO before its expiration date. They must provide evidence that they no longer pose a significant danger.

An Extreme Risk Protection Order in New Jersey significantly restricts an individual’s rights regarding firearm possession and purchase. While these orders are temporary and subject to due process, they impose strict prohibitions on firearm access and ownership. The subject of an ERPO must navigate a complex legal landscape to contest the order, comply with its terms, and eventually seek the restoration of their firearm rights. These measures are designed to balance public safety concerns with individual rights, providing a legal mechanism to temporarily remove firearms from those deemed to pose a significant risk to themselves or others.

 

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