New Jersey’s Red Flag Law
New Jersey’s Red Flag Law is designed to stop certain crimes, like school shootings. The New Jersey Red Flag law was put into place on September 1, 2020. Also known as the Extreme Risk Protective Order Act (ERPO), the law allows family members or police officers to petition that a judge remove weapons from a person who could be considered a danger.
In order to be considered a danger, the person must pose a risk to themselves or others. The judge can also prevent that person from buying a weapon or ammo. Family members and police officers can file an ERPO with the Superior Court in their county, or with the local police department.
Read more: Will I Go to Jail For Illegally Possessing a Weapon
What Happens After Filing an ERPO
Once an ERPO is filed, a hearing with the judge will be expedited. The hearing may take place as soon as the same day. During the hearing, the judge will listen to the facts, and then make a determination on whether the person in question is a risk to themselves or others.
A few factors that the judge will consider include:
- Criminal history
- History of violence of domestic abuse
- History of any restraining orders
- Previous arrests
The judge may request more information. They may also file a search warrant if they want additional information. Depending on the decision, the judge may order that all weapons and ammo be removed from the person’s household. A secondary hearing will usually be scheduled 10 days following the initial determination. During this hearing, the person has the chance to provide any additional information.
The purpose of an ERPO is to remove weapons from a person who may be an immediate threat to themselves or others. Depending on the reasoning for the ERPO, they may be prohibited from having weapons in the household permanently.
Since the law went into place, the state has issued over 200 ERPO orders. Because the ERPO can only be filed by a family member or police officer, the reports of potential harm are usually accurate. This law can help prevent crimes of passion, including both school shootings and domestic violence crimes.
Have Questions About an ERPO?
Do you believe an ERPO was filed wrongly against you? It is always a good idea to have a criminal defense lawyer evaluate your application to ensure you have all the requested evidence. It can also be helpful to have a criminal defense lawyer accompany you to the ERPO hearing to ensure that your rights are upheld.
Contact an Experienced Cherry Hill Criminal Defense Lawyer About Your Criminal Charges in New Jersey
Were you arrested or charged with a weapons offense in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Gelman Law, LLC have successfully represented clients charged with criminal charges in Cherry Hill, Camden County, Burlington County, Gloucester County, and throughout New Jersey. Call (856) 474-1450 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 1940 W Route 70, Suite 4, Cherry Hill, NJ 08003.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.