New Jersey
 N.J. Stat. Ann. § 2C-58-20 to §2C-58-58

Who May Petition


LEO, and "good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm."
spouse, domestic partner), partner in a civil union couple ), or former spouse, former domestic partner, or former partner in a civil union couple, or any other person who is a present household member or was at any time a household member; a person with whom the respondent has a child in common, or with whom the respondent anticipates having a child in common if one of the parties is pregnant; or a current or former dating partner.

Burden of proof for Emergency Order or Ex Parte Order

Good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

Notice and Opportunity

Hearing within 10 days of filing petition for emergency order

Service

Personal service by LEO, unless court permits substitute service 

What is Prohibited?

Custody or control of, owning, purchasing, possessing, or receiving a firearm, and applying for a firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun.

Relinquish Firearms

Order requires surrender of firearms and ammunition, any firearms purchaser identification card, handgun purchase permit, and concealed carry license.

Seizure by LEA

Court which issued the order may issue search warrant if respondent has been lawfully served with the order and has failed to surrender firearms and ammunition.

Burden of Proof at Hearing

Preponderance of the evidence that the respondent poses a significant danger of bodily injury to the respondent's self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm, the court shall issue an extreme risk protective order.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

Statute creates statewide database and requires entry of final orders and violations

Duration of Order after Hearing

Not specified in statute

Warrantless Arrest Permitted in Statute

 

Criminal Penalty

 
Contempt Penalty Criminal Contempt crime in 4th Degree

Print Email