NEW JERSEY—On Sept, 1, New Jersey joined 17 other states to pass a so-called “red flag” law that enables family members and law enforcement officers to file for a court order to remove guns and ammunition from someone they believe is a danger to themselves or others.
The law came about in reaction to reports after several mass-casualty events—including the shooting at Marjory Stoneman Douglas High School in Parkland, Fla.—in which many people interviewed said they saw signs of mental disturbance or threatening behaviors long before the deadly massacres occurred.
And since Sept. 1, when New Jersey’s Extreme Risk Protective Order Act went into effect, state Attorney General Gurbir Grewal issued a directive spelling out guidelines for implementing the new law for county prosecutors and local law enforcement.
The gun violence prevention law has provoked diverging views from anti-gun activists and pro-gun rights advocates over whether it infringes on the Second Amendment.
The legislation allows family, household members including roommates, and law enforcement to “red flag” individuals that they believe to be a danger to themselves or others by filing a petition for an extreme risk protective order with the court.
‘Red flag’ court order
Within 24 hours, a court will decide whether, based on the evidence presented, to order a temporary extreme risk protective order to have the individual stripped of their guns and ammunition, at least on a temporary basis.
Within 10 days, the state Superior Court schedules a final hearing, at which a judge might restrict the flagged individual from owning, handling or purchasing firearms.
That order confiscating guns and ammunition lasts until canceled or overturned by a judge when the individual demonstrates they no longer pose a threat.
In mid-September, state Attorney General Grewal, Bergen County’s former prosecutor, held a community outreach meeting in Princeton following over a dozen sessions with law enforcement officials statewide on how to implement the new law.
Within two weeks of Sept. 1 when the law took effect, Grewal’s staff revealed almost a dozen extreme risk protective orders had been filed statewide.
To get an extreme risk protective order, or ERPO filed, a family or law enforcement officer must file a petition at the local police station, and then if a judge deems the individual a threat to either themselves or others, their guns and ammunition can be temporarily confiscated until a final hearing is scheduled on whether guns should remain confiscated or should be returned.
‘Immediate, present danger’
The protective order petition must allege the individual poses an immediate and present danger, explain why they pose a danger with a firearm, list the location of all firearms/ammunition believed to be in their possession, and the petition must be sworn by oath to be true.
An anti gun-violence group, Every Town For Gun Safety, says red flag laws in Connecticut and Indiana have helped reduce suicides by gun in both states.
Advocates for pro-Second Amendment organizations have claimed the red flag law violates Constitutional rights by “stripping away” citizens’ rights to defend themselves.
Other Second Amendment advocates have said the law will be subject to abuse by “vindictive people” and law enforcement who are not in favor of citizens owning firearms.
Park Ridge chief’s view
“I think that any law that identifies people at risk and prevents them from possessing a weapon is a step in the right direction. We are seeing far too many incidents involving weapons across the country, most leading to unnecessary injuries and death,” emailed Park Ridge Police Chief Joseph Madden.
“I would recommend that any household that has weapons on the premises always use the proper gun safe and/or safety precautions in securing their firearms. No one should have access to weapons who has not been educated on the safety precautions,” noted the chief.
“People who own weapons and learn of a potential threat should always contact their local police department,” he said.
‘Duty to Warn’ law
Elizabeth Rebein, assistant prosecutor, Bergen County Prosecutor’s Office, said since Sept. 1 the prosecutor’s office has helped implement one extreme risk protective order and assisted local police departments with 64 “duty to warn” notifications.
The duty-to-warn law was passed before the state’s “red flag” law, said Rebein.
She said the law requires mental health professionals who are made aware of a threat by an individual to harm themselves or others to try to determine if the individual possesses firearms and if so, notify the local police.
“The directive requires that the local police department then notify the (Prosecutor’s Office), and we get involved at that point. We ultimately determine whether the firearms should be returned and handle any resulting court proceedings,” said Rebein.
Rebein said county prosecutors have trained law enforcement and mental health professionals on use of extreme risk protective orders and the duty-to-warn law.
In mid-August, Grewal issued a 21-page directive to local police and county prosecutors offering guidance on how to assist citizens in filing red-flag petitions to implement the new law.
‘Common-sense action’
“New Jersey is leading the way in taking common-sense action to protect our residents and law enforcement officers from the daily scourge of gun violence,” said Grewal in a statement.
“But our laws are only as powerful as our willingness to use them. That’s why I am issuing the first-ever statewide directive to help our law enforcement officers understand their authority and their obligation to protect families from gun violence in moments of crisis,” he said.
“This Directive gives every law enforcement officer in this state the tools and knowledge they need to intervene before it’s too late,” Grewal continued.
“At the same time, the Extreme Risk Directive confirms that law enforcement officers have a variety of other important tools to intervene in moments of crisis. These can include the Prevention of Domestic Violence Act, the Sexual Assault Survivor Protection Act, a mental-evaluation referral, a civil commitment, or criminal complaints, investigations, or charges,” added Grewal.
To view the extreme risk protective order directive, click here for a full copy.
‘A streamlined process’
New Jersey’s State Police Superintendent, Col. Patrick Callahan, said that in the past “many in law enforcement have experienced the frustration caused by not having procedures in place that allow an officer to initiate a streamlined process for removing a firearm from an individual who poses a threat to themselves or the public.”
“This directive is a much-needed and welcomed tool now available to both the police and the public and it will undoubtedly save lives,” he added.
Efforts to contact other police chiefs for comment on the new red flag law and its use were not returned by press time.