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In January 2018, Governor Phil Murphy signed a package of gun safety bills.

One of those bills was the Extreme Risk Protective Order Act of 2018 (N.J.S.A. 2C:58-20 to -32. The Act's goal is to save lives in New Jersey, including the lives of the respondents and those around them.  

The Act provides procedures through which a family or household member (the petitioner) can apply for an Extreme Risk Protective Order against a person (the respondent) who poses a danger of causing bodily injury to self or others by possessing or purchasing a firearm.

An Extreme Risk Protective Order prohibits the respondent from possessing or purchasing a firearm or ammunition and from holding a firearms purchaser identification card, permit to purchase a handgun, and permit to carry a handgun.   An Extreme Risk Protective Order is a civil court order that is issued by a judge upon consideration of the evidence related to a number of factors, prompted by a petition by a family or household member or law enforcement officer.

Under the Extreme Risk Protective Order Act of 2018, a court would consider evidence presented whether the respondent has a history of threats or acts of violence; has a history of use (including attempted and threatened use) of physical force; is subject to or violated any protective orders; has been arrested, charged, or convicted of any violent indictable crime or disorderly-persons offense, stalking offense, or domestic violence offense; has been charged with crimes of animal cruelty; has a history of substance abuse; or has recently acquired a firearm or ammunition.

A family or household member may file a petition for a Temporary Extreme Risk Protective Order at the superior court, or at a state, county, or municipal law enforcement agency.  The Temporary Extreme Risk Protective Order petition must be filed in the same county where the respondent resides.

For any questions relating to an Extreme Risk Protective Order contact the Secaucus Police Department at (201) 330-2060 or, if it is an emergency, contact 9-1-1.