Home Forums Hunting & Shooting Hunter's Campfire New Jersey 'Red Flag' law starts Sunday

Just a heads up to anyone in New Jersey who isn't aware:

https://americanmilitarynews.com/20...-confiscated-via-new-red-flag-law-in-nj/

Some will find the taking of their self-defense capability a real hard pill to swallow and may act out. So the liberals can then yell, "See, we told you!".

Red flags are very, very bad for America.

So every millennial with an Instagram account now has a red flag.

No they don’t. But if you call them in they could. Oops sorry for thinking like a Democrat. I’ll say two hail Marie’s . Ed k

Mad girlfriends and wives will soon realize the power and leverage in this. No judge in his right mind would refuse to uphold a red flag confiscation, much like emergency protective / domestic violence orders.

There WILL be institutional abuse of red flag laws, just a matter of time.

Another great gun law in New Jersey, almost as ridiculous as the law that states you can only go from your house to your hunting location or range with no deviations or stops. This means you can't stop for gas, food, take a piss or pick a friend up. Unbelievable!

In order to end a final order, the original petitioner or the person who had to surrender their firearms can submit a new form to terminate the order. A hearing is then scheduled to evaluate the request before a judge. If the person who surrendered their firearms is making the request without the support of the original petitioner for their removal, they bear the burden of proof to show they are no longer a risk to themselves or others."

In other words you are guilty until proven innocent!

Questions:

1. Does the gun owner get to try to counter the allegations BEFORE they confiscate the guns (or does the gun owner even know about the "due proess/"

2. Are the LEOs required to keep the guns in good condition, no throwing them in a pl=ile, letting them get rusty, etc.?

Anyone know?

Just gotta love that "common sense gun control".

Don't look now but "infringement" of your rights is coming!

VERY, VERY, VERY, VERY bad for America... And they need to be litigated out of existence at the SCOTUS PRONTO!!

And time is getting damned SHORT!

Freedom-loving gun owners are going to be more than a hell of a lot butthurt if someone not so politely asks for their guns, after pushing their door in with a battering ram. America is headed down a dark road.

Here is the process. It is pretty much like a protective order and they are pretty much the same, with some minor differences, everywhere.

There will be an affidavit made that the person is an imminent danger. A petition for an ex parte order will be prepared based upon the affidavit. That will usually be hand delivered to the judge like a search warrant would be. The judge will consider the petition and the affidavit and if granted, issue the temporary order and set a hearing within 14 days. The order will be served and presumably the firearms confiscated. Then at the hearing the merits of the case will be heard with the accused given the chance to call witnesses, present evidence, impeach evidence and cross examine witnesses. After that hearing a decision will be made by the judge to grant a red flag order or not. If he decides not to, the matter is over and the firearms are returned. If he grants it, then it will be in effect for a year or so from what I’ve seen in most places during which time from what I’ve seen the firearms will be stored or given to family members. At the end of that year, it will expire and the firearms returned. The state or the complainant can petition to have it extended one more time for another year with the person affected given the chance to contest that and have another hearing. Only one extension can be granted and will be considered.

I doubt that we'll see many red flag petitions denied until such time (if ever) as these laws are challenged & get a SCOTUS decision on constitutionality.

MM

Depends on the jurisdiction. Judges have opportunities to count votes every time they take the bench.

The East Coast & the Left Coast states, along with any other highly or mostly blue states will be where most accusations come, & in those states, few will be denied.

Likely a little better scenario in highly red states.

MM

Wham, you just got elected Judge. Doesn't matter what jurisdiction. A case comes before you: Citizen X's guns have been red-flagged. At the hearing, Witness for the govt. is Citizen X's girlfriend. She testifies that Citizen X has been threatening to shoot up a McDonald's, threatening to shoot her, threatening to shoot her family and then kill himself. Says he sits there all night long cleaning an AR over and over, mumbling about how everyone is out to get him but he is gonna make all of them pay.

Citizen X testifies in his defense: girlfriend is mad because he won't take her on vacation and he has threatened to leave her, but nothing else. He says all of her testimony is BS. He admits to owning a confiscated AR and a thousand rounds of ammo. Says he got a good deal on bulk ammo and he likes to go to the range.

Alright Judge, what you gonna do? This is a simplistic scenario but I think we all know what the Judge is gonna do: err on the side of caution. The side of caution is confiscation. Always will be...

fixt

Wham, you just got elected judge. You live in a jurisdiction where fifty percent of the males have an AR, seventy five percent of households have some kind of firearm and 2,000 rounds is just enough for a couple afternoons at the river. Deer season is coming soon and you know that the state rifle association will want the stats of all the red flags you’ve granted. There are no social media posts backing her assertions. No evidence of drug use. And a clean criminal record and no mental health issues.

You don’t want an opponent in the next election who says that you aren’t concerned enough with second amendment rights. Now what do you do?

If I think there is a remote chance that the guy may go on a shooting spree, I look for evidence to support that. And then I confiscate, basing my decision on, and carefully citing, whatever evidence I can hang my hat on to support confiscation. And when the gun lobby starts fussing I tell them Sorry, but I gotta go by the evidence, and the evidence was __________. Cause I am a Judge and am sworn to apply the law to the evidence and if you want a different outcome you need to fuss at the legislature and not me, and blah blah blah.

Happens every single day with domestic violence petitions (many of which can temporarily ban possession of firearms if granted) in every jurisdiction in the US.