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Nearly 200 people have had their guns seized in N.J. under new ‘red flag’ law
Nearly 200 people in New Jersey have had their guns seized under a “red flag” law that went effect last year, according to data obtained by NJ Advance Media.
The Extreme Risk Protective Order Act, which went into effect Sept. 1, allows a law enforcement officer, family or household member to submit a petition to state Superior Court showing why a judge should issue an order to keep guns away from someone who potentially poses a danger of causing bodily injury to themselves or to others.
If the judge determines there is “good cause” to remove the guns, the judge will initially issue a temporary extreme risk protection order and a search warrant is executed to recover the guns, ammunition and firearms identification card from the person.
So far, 186 temporary extreme risk protective orders have been granted as of Jan. 22, according to the New Jersey Administrative Office of the Courts, meaning more than one person a day has had their guns taken away — at least temporarily — in New Jersey since the law went into effect. In 25 cases, a petition was made but the temporary order was denied by a judge, according to court data.
After a temporary order is granted and the firearms are seized, the individual is entitled to a hearing within 10 days in front of the judge before a final order is issued.
If a final order is granted by a judge, it lasts indefinitely, but the person can also seek to have the order terminated at any time after the order goes into effect.
There have been a total of 88 final orders granted since the law went into effect, according to the Administrative Office of the Courts. Judges have denied 29 final orders, according to the courts.