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Gun Control Advocates Are Pushing for Changes in New Jersey

Posted by Joseph D. Lento | Aug 16, 2022 | 0 Comments

Big changes could soon be coming to New Jersey's gun laws. A particular senate bill introduced by gun rights advocate Senator Ed Durr in early May could have a big impact on how gun violence and the threat of gun violence is handled in domestic settings. Senator Durr wants to loosen the state's current gun control restrictions, and if his bill passes, you should know what the consequences may be for you and your family.

How S-2490 Can Affect Gun Ownership

Senator Ed Durr introduced a package of bills in early May, aimed at loosening New Jersey's gun restrictions. One bill in particular, S-2490, could affect gun owners and families substantially. S-2490 would repeal the “Extreme Risk Protective Order Act of 2018.” This act allows New Jersey Courts to issue protective orders specifically for gun violence or Extreme Risk Protective Orders (ERPOs). These orders can be filed against individuals who pose a significant risk of injury to themselves and others by owning or possessing a firearm.

In New Jersey, a family or household member, as well as a law enforcement officer, can request ERPOs. Once issued, it prevents the person the order is against (the respondent) from possessing or purchasing a firearm or ammunition. It also prevents them from holding a firearms identification card or permit. The law specifies who is considered a “family and household member” who may seek an ERPO against someone:

  • Current or former spouse
  • Current or former domestic partner
  • Current or former civil union partner
  • Current or former household member
  • Current or former dating partner
  • A person who shares a child with the respondent or anticipates a child if one of the parties is pregnant

What Happens If S-2490 Passes

If Senator Durr's bill passes and eventually ends up successfully repealing the Extreme Risk Protective Order Act of 2018, seeking an ERPO will no longer be possible. Although the state of New Jersey does have other protective orders that family or household members can seek against one another if they feel they're under threat of violence or abuse, these other orders don't address gun ownership as head-on as the ERPO.

Individuals can seek a restraining order in New Jersey, which may also prohibit the respondent from possessing or purchasing a gun. Restraining orders also aren't as limited as ERPOs concerning who may file for one. However, an ERPO helps to address an immediate and present danger of bodily injury to self and others, whereas a restraining order protects the life, health, and wellbeing of someone in danger of domestic violence.

An Experienced Family Law Attorney Can Help

With gun control laws changing so often, it's hard to know what your options are or what applies to you. Attorney Joseph D. Lento and his team of family law attorneys at the Lento Law Firm can help you make sense of it and answer all your questions about restraining orders or ERPOs. Contact the Lento Law Firm by calling 888-535-3686 to discuss your situation.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey, Pennsylvania, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.

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