Almost 200 People Have Had Their Guns Take Via NJ’s New Red Flag Law

I’ve said before that I am not fully against red flag laws as long as they protect Constitutional rights, such as due process, are not abused, and offer penalties for those who frivolously attempt to take people’s 2nd Amendment rights away. But, that’s not the way most Red Flag laws are structured

Nearly 200 people have had their guns seized in N.J. under new ‘red flag’ law

Nearly 200 people in New Jersey have had their guns seized under a “red flag” law that went effect last year, according to data obtained by NJ Advance Media.

The Extreme Risk Protective Order Act, which went into effect Sept. 1, allows a law enforcement officer, family or household member to submit a petition to state Superior Court showing why a judge should issue an order to keep guns away from someone who potentially poses a danger of causing bodily injury to themselves or to others.

So far, 186 temporary extreme risk protective orders have been granted as of Jan. 22, according to the New Jersey Administrative Office of the Courts, meaning more than one person a day has had their guns taken away — at least temporarily — in New Jersey since the law went into effect. In 25 cases, a petition was made but the temporary order was denied by a judge, according to court data.

There have been a total of 88 final orders granted since the law went into effect, according to the Administrative Office of the Courts. Judges have denied 29 final orders, according to the courts.

Should some people have their weapons taken away?

The law is at the center of a proposed class action federal lawsuit filed by a South Jersey man who had his firearm seized by authorities after he had “threatened, advocated and celebrated the killing of Jewish people” on an online forum.

David Greco filed the lawsuit in October, alleging his due process rights, along with other gun owners in New Jersey, had been violated, as they are not given a chance to be heard in court before a temporary order is issued and police confiscate the firearms.

Should Greco have his weapons taken away? Sure seems like it. But, he was not afforded Due Process.

But the lawsuit alleges that because the order is contingent on “good cause” and not the legal standard of “probable cause,” executing a search warrant is unconstitutional.

So, they’ve changed the legal standard to a much, much, much lower one in order to take people’s legally acquired and Constitutional property.

But, let’s go back: 50% of the final orders have been denied. So, does that mean the other 50% were frivolously filed? That there was no real preponderance of evidence to take away people’s property without due process and any real threat? How many Citizens had to spend lots and lots of money on lawyers, and how many couldn’t afford a good attorney to defend themselves in a “guilty till proven innocent” court preceding? This is all an end run around the Constitution.

Save $10 on purchases of $49.99 & up on our Fruit Bouquets at 1800flowers.com. Promo Code: FRUIT49
If you liked my post, feel free to subscribe to my rss feeds.

Both comments and trackbacks are currently closed

7 Responses to “Almost 200 People Have Had Their Guns Take Via NJ’s New Red Flag Law”

  1. Bkhuna says:

    Ruger should leave NJ.

  2. formwiz says:

    Another reason why Trump was in Wildwood.

    PS Anybody else notice there are a couple of bio-warfare labs right by Wuhan?

    That couldn’t have anything to do with our newest epidemic scare.

    Could it?

    • Chumpchange says:

      formwiz

      Yeah this is a conspiracy theory going around. I have not really addressed it because of the fact this virus does not seem to be weaponized nor particularly lethal.

      One only has to look at Fuking Africa where ANOTHER GD Eboloa outbreak is running wild and what do we hear all day everyday.

      ORANGE MAN BAD> Another BOMBSHELL, This is the end for TRUMP.

      I mean when I look at the MSM and watch CNN, Msnbc and Cbs etc I can truly understand why Elwood thinks Trump is guilty. The way he is acting today is exactly the way the rest of them are acting right now about the fact Trump is going to get off because their is no evidence.

      Hell half of the senate probably hates Trump but this was a sham and the MSM has lied for CLICK BAIT AND RATINGS for so long now that they are in shock Trump is going to be acquited.

      The same thing as we all know happened to them in 2016. They just knew that it was going to be a 50 state landslide for HRC. NO one would dare vote for Trump and when they did.

      The left was Blindsided. Literally in shock from which they have never recovered.

      Today its All Trump all the time and meanwhile Ebola and nCov are killing people all over the world and they dont give a shit and I would bet 99 percent of the people dont even know what Ebola is.

  3. captainfish says:

    Shows you how the 1st amendment on freedom of speech is now obsolete.

  4. Chumpchange says:

    These insane gun grabbing laws are probably another reason why Trump had almost 180,000 people apply for tickets to his rally. Even 25 percent of the democrats are like holy shit has our party lost its mind or what.

    Makes sense to me now why the turnout in NJ was so astounding and yeah I skimmed this article a few times and suddenly I had a lightbulb moment here. Gun grabbing and Trump setting insane records for turnout to a rally in a blue state.

    Yeah virginia and NJ might very well be Red again very soon.

Bad Behavior has blocked 6498 access attempts in the last 7 days.

%d bloggers like this: