New Jersey Gun Laws & Firearms Safety Practice Exam

Does New Jersey have a red flag law that allows for the temporary removal of firearms?

1. No

2. Yes, but only if the person is convicted of a crime

3. Yes, through court order based on evidence of a threat

4. Yes, at the discretion of law enforcement

The correct answer is: Yes, through court order based on evidence of a threat

The correct answer is based on New Jersey's implementation of its red flag law, formally known as the "Extreme Risk Protective Order" (ERPO) law. This law allows for the temporary removal of firearms from individuals deemed to pose a risk to themselves or others, based on evidence presented to the court. Under this law, family members, household members, or law enforcement can petition the court for an order if they believe the individual is in crisis or poses a danger. The court reviews the evidence and can issue an order to temporarily restrict access to firearms, with the goal of preventing potential harm. This legal framework emphasizes due process, ensuring that a judge makes the final determination based on the evidence provided, rather than leaving such decisions solely to law enforcement's discretion, which is why the other choices are not accurate descriptions of New Jersey's red flag law.