Law allowing removal of guns from those deemed a danger takes effect Sunday

Posted: Updated:

A law that will allow a state judge to take away someone’s guns goes into effect Sunday.

The Extreme Risk Protective Order Act of 2018 (A1217) will allow someone to petition the court to strip firearms from a person considered to be a danger to themselves or others.

Family members, people living in the same household, or law enforcement officers can file a court order if they believe there to be an issue. A non-family member can ask a law enforcement agency to file a petition on their behalf.

The person’s guns will be seized if the order is granted. They will be barred from owning, possessing or buying any other guns for up to a year.

RELATED: Gov. Murphy signs 6 new gun control laws, flanked by Parkland survivor 

The gun owner may file an appeal once the order has been issued to petition the court to get their guns back.

Law enforcement officers may petition the court to extend the order after one year, if they still feel the gun owner poses a threat.

New Jersey has some of the toughest gun laws in the nation. Supporters of the law say that this new rule will help prevent potential gun violence.

But gun-rights advocates say that this is just another law to target legal gun owners.

Association of New Jersey Rifle & Pistol Clubs executive director Scott Bach told NJ.com that the law “allows confiscation of legally owned property without advance due process, based on false claims of third parties, and‎ with no penalty for making false allegations against someone.”

Bach added that the law is “ripe for abuse.”

Murphy signed this bill, along with several other gun reform bills in June 2018 – less than six months after the Stoneman Douglas High School mass shooting.

 

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