The nation’s gun laws are in a state of flux. There has been a nationwide push for extreme risk protection orders, or red flag laws, to allow law enforcement to remove firearms from people who are deemed to be a threat to themselves and others. This development has made the role of a red flag lawyer, an attorney specializing in these cases, increasingly important. Proponents of the laws claim they save lives, while opponents argue they do more harm than good. What is clear is that the issue of gun ownership has become more complicated than ever.
Essentially, red flag laws allow authorized petitioners to file a request with the court that a person be prevented from purchasing or possessing firearms and ammunition. When facing such a petition, consulting a red flag lawyer who understands the nuances of these laws can be crucial in defending one's rights. These petitioners can be law enforcement, family members, household members, or even coworkers. Once the order is granted, police are able to search and confiscate a person’s weapons and ammo. Typically, the weapons are stored in police custody for the duration of the red flag order.
These measures are a response to a growing number of mass shootings that have taken place in recent years. The experience of a red flag lawyer can be invaluable in these situations, both for petitioners seeking to file an order and for individuals contesting an order against them. In many cases, there were early warning signs that the shooter would commit a crime. For this reason, some professionals believe red flag laws help prevent such tragedies by taking guns away from people before they can cause harm.
New Jersey was one of the first states to pass red flag legislation, and it went into effect in 2018. The law allows family members, household members, police, or other authorized third parties to petition the court for a temporary extreme risk protective order (TERPO). If a TERPO is issued, a red flag lawyer can assist the individual in understanding their legal options and preparing for the subsequent hearing. If the petition is granted, police are able to confiscate the individual’s firearms and ammunition and temporarily remove them from society.
In the case of a TERPO, a judge will usually schedule a hearing within 10 days to determine whether a permanent extreme risk protective order should be issued. This hearing is a critical juncture where the experience of a red flag lawyer can be pivotal in presenting a strong defense for the respondent. If the Respondent is successful in their defense, the seized guns will be returned and the TERPO will be dissolved.
However, if the Respondent is unsuccessful in their defenses, the seized weapons and ammo will remain in law enforcement custody. This is another stage where a red flag lawyer can provide crucial assistance, offering legal strategies to attempt to overturn the decision. Depending on the state, it is possible for the individual to petition the court to have the order lifted, but this is a lengthy process and could take up to a year.
For that reason, a person facing an ERPO should contact a New Jersey red flag defense lawyer right away. An attorney can explain the legal process and advocate on their behalf to have the temporary order dissolved. This will give the person the opportunity to fight back against any allegations that they are a danger and to defend their Second Amendment rights. A knowledgeable attorney can also assist the individual in filing a counter petition, which will give them a chance to get their guns back. This is a critical step if they are convicted of violating the order.
The state of New Jersey has some of the strictest gun laws in the United States, often necessitating the guidance of a red flag lawyer for those navigating these regulations. There are several types of firearms that are prohibited or require a permit to possess. The state also requires registration of firearms and ammunition. The law allows family members and law enforcement to petition a court for a temporary protection order that could prevent someone from accessing guns. Other provisions of the state’s gun laws include serial numbers and background checks for ghost guns, no 3D printing of or distribution of instructions for making undetectable guns, and no possession by people who are disqualified to possess a weapon such as convicted felons, domestic violence offenders, or mentally ill.
Persons convicted of a domestic violence offense are disqualified from possessing a firearm and are required to surrender any gun they own or have in their possession. In these situations, a red flag lawyer can provide crucial legal assistance, either in defense or in the process of surrendering firearms. A conviction under a domestic violence offense could result in up to a 5-year prison sentence, and probation is not available. The conviction will also result in a lifetime ban on obtaining a firearm purchaser identification card.
Licensed dealers must report any sale, transfer, or assignment of a firearm to the state police’s Firearms Investigation Unit (FIU). FIU will then forward a copy to the person making the purchase or to the state attorney general. This law underscores the importance of consulting with a red flag lawyer to ensure compliance with firearm transfer regulations and to navigate any legal challenges that may arise.
There are certain exceptions to the state’s firearm possession and transportation laws, including a provision that allows a gun owner to take his or her firearm to one’s home, place of business, or to the premises or land possessed. In this context, a red flag lawyer can advise individuals on the legalities of firearm transportation and possession under these exceptions. In addition, rifle and pistol clubs that submit their names to the state annually are allowed to carry their firearms to authorized target ranges. Other exemptions allow a gun owner to bring their firearms to an authorized shooting club, or to a gunsmith for purposes of repair.
Firearms requiring a permit to possess
A license is required to purchase a rifle or shotgun and a handgun in the state of New Jersey. New Jersey’s gun permit process is lengthy, with applicants typically waiting months before being approved. Once an applicant is approved, the gun purchases must be reported to the state police within 30 days. The law also imposes a 90-day limit on the number of handguns a person can purchase during that period. Here, the expertise of a red flag lawyer can be beneficial in guiding applicants through the complex permit process and ensuring that all legal requirements are met.
Guns not allowed in airports
There is a federal law prohibiting the carrying of firearms in areas designated as airport terminals, and this includes the area of New Jersey known as Liberty International Airport. This law is commonly referred to as “Airport Carry” and was enacted in response to the December 14, 2009 shooting of Gregg Revell, an airline flight attendant. Revell filed a lawsuit against the airport, but the Third Circuit Court of Appeals ruled that the airport was not liable for his injuries because he had properly checked his luggage with his handgun and ammo.
New Jersey has some of the strictest gun regulations in the United States. In addition to requiring gun owners to carry a permit to possess a weapon, New Jersey law also defines certain weapons as “prohibited” and criminalizes possession in some circumstances. Criminal penalties for a conviction can be severe, and anyone who is accused of a gun offense should work with an experienced red flag lawyer as soon as possible to help them avoid prison and other serious consequences.
A qualified criminal defense attorney, especially one who is a red flag lawyer, can be a valuable asset for people facing gun or other weapon charges in New Jersey. Such a lawyer, with specific experience in red flag cases, can work tirelessly to have the charges reduced or dismissed so that a defendant can get on with their life without the burden of a criminal record.
Gun laws in New Jersey can be complex, and a variety of different factors may lead to someone being charged with these crimes. It’s important for individuals, including police officers carrying a weapon on the job, to consult a red flag lawyer to understand their rights fully. Private citizens should also be aware of the complexities of gun laws in New Jersey, as even those traveling through the state can face arrest and time behind bars if they don’t understand these laws.
Generally speaking, any person who wants to own a gun in New Jersey must obtain a Firearms Purchaser Identification Card (FPIC) or a pistol permit. A permit is only valid for 90 days and is issued on a “may issue” basis by a local superior court judge. A person must also pass a background check to purchase a firearm, and New Jersey law makes it a crime for any individual to knowingly possess a weapon that has not been properly registered or licensed. A red flag lawyer can guide individuals through the process of legally acquiring and possessing a firearm.
Other weapons are considered prohibited in New Jersey, such as explosive devices. In cases where a judge issues a red flag order, authorizing police to confiscate a weapon from an individual deemed a risk, a red flag lawyer can provide essential legal representation. This type of preventative measure has gained traction across the country, and New Jersey is now among the states that allow judges to file these kinds of orders against individuals who own guns.
To protect your rights in such circumstances, it is advisable to contact a red flag lawyer who specializes in New Jersey weapons law. They can assist you in appealing a denial of your permit to buy and carry a weapon, as well as defending you against a restraining order under the red flag law.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311