Under the Extreme Risk Protective Order Act, which went into effect Sept. 1, 48 orders have been issued to seize guns from people in New Jersey which has been coined as ‘Red Flag’ laws.
The law, which is similar to “red flag” laws used in other states, has been implemented in Ocean County more than twice as often as any other county, according to the data.
The Ocean County Prosecutor’s Office, gun rights advocates and attorneys representing gun owners said it is unclear why Ocean County tops the list.
“I was surprised when I looked at the numbers myself,” said Ocean County Prosecutor Bradley D. Billhimer. “I don’t have a direct answer for you.”
Billhimer said his office has not issued any special mandates outside of the Attorney General’s statewide directive regarding the implementation of the law.
“It is hard to understand why,” said Albert Rescinio, an attorney who has filed a federal lawsuit challenging the constitutionality of the law. “Nothing immediately sticks out at me.”
The law 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.
A temporary extreme risk protective order, also known as a TERPO, is issued by a judge if there is “good cause” to remove the guns. A search warrant can then be executed to retrieve the person’s firearms, ammunition and firearms identification card.
The individual is entitled to a hearing within 10 days before a judge. The order can become finalized if the preponderance of the evidence shows the person presents a danger to themselves or others.
If a final order, also known as a FERPO, is granted by a judge, it lasts indefinitely, but the person can also seek to have the order terminated at any time after the order goes into effect.
As of Feb. 4, there have been 198 TERPOs granted and 100 FERPOs granted, according to the New Jersey courts.
Here is the breakdown of where the temporary (TERPOs) and final orders (FERPOs) have been granted across the state by county.
Atlantic
Temporary orders granted: 1
Final orders granted: 1
Bergen
Temporary orders granted: 15
Final orders granted: 10
Burlington
Temporary orders granted: 8
Final orders granted: 3
Camden
Temporary orders granted: 4
Final orders granted: 1
Cape May
Temporary orders granted: 6
Final orders granted: 2
Cumberland
Temporary orders granted: 2
Final orders granted: 1
Essex
Temporary orders granted: 9
Final orders granted: 4
Gloucester
Temporary orders granted: 11
Final orders granted: 9
Hudson
Temporary orders granted: 2
Final orders granted: 0
Hunterdon
Temporary orders granted: 5
Final orders granted: 4
Mercer
Temporary orders granted: 4
Final orders granted: 2
Middlesex
Temporary orders granted: 13
Final orders granted: 6
Monmouth
Temporary orders granted: 14
Final orders granted: 3
Morris
Temporary orders granted: 8
Final orders granted: 4
Ocean
Temporary orders granted: 48
Final orders granted: 25
Passaic
Temporary orders granted: 22
Final orders granted: 11
Salem
Temporary orders granted: 1
Final orders granted: 1
Somerset
Temporary orders granted: 3
Final orders granted: 1
Sussex
Temporary orders granted: 12
Final orders granted: 6
Union
Temporary orders granted: 2
Final orders granted: 2
Warren
Temporary orders granted: 8
Final orders granted: 4
Total
Temporary orders granted: 198
Final orders granted: 100
