Does New Jersey Have A Red Flag Law?

Yes. New Jersey has a “red flag” law that allows firearms to be confiscated under certain circumstances. This law is trigged when a family members, police or other third parties secures an Extreme Risk Protective Order that is akin to a temporary restraining order. Issuance of this relief results in removal of a person’s firearms on the basis that they pose a threat to themself or others if they remain in possession of their handgun, shotgun or rifle.

The seizure of weapons in order with an Extreme Risk Protective Order isn’t, however, permanent until a full hearing on the issue is conducted. At that proceeding, the gun owner has an opportunity to contest the allegations that they are a threat to themself or others. If they succeed at the hearing, the firearms are returned. If they lose at the hearing, they are precluded from possessing a firearm.