Extreme Risk Protective Order Act of 2018
The Extreme Risk Protective Order (ERPO) Act became effective September 1, 2019. This Act authorizes New Jersey Courts to issue gun violence protective orders against individuals who pose a significant risk of personal injury to themselves or others by possessing or owning a firearm. The protective orders prohibit the person against whom the order is filed from securing or possessing any firearm or permit or license allowing firearm possession during the protective order period.
A family or household member, or a law enforcement officer, (petitioner) may apply for an order against an individual (respondent) who presents a significant danger of bodily injury to himself/herself or to others by possessing or purchasing a firearm. Once the ERPO is issued, the respondent is prohibited from purchasing a firearm or ammunition and is prohibited from possessing any firearms identification cards or permits.
“Family or Household Member” is defined as a current or former spouse, current or former domestic partner, current or former civil union partner, current or former household member, current or former dating partner, or a person with whom the respondent has a child in common or anticipates having a child in common if one of the parties is pregnant.
Law Enforcement may also act as the petitioner when seeking an ERPO.
The petition may be filed with a State, County, or Municipal Law Enforcement Agency or with the Superior Court with jurisdiction wherein the respondent resides. If the respondent resides out of state, the petition must be filed where the petitioner resides.