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Red Flag Law

South Jersey Red Flag Law Attorneys

Knowledgeable Criminal Defense Lawyers Protect The Rights Of Clients In Camden County, Burlington County, and Gloucester County, New Jersey Under New Jersey’s Red Flag Laws

The increase in gun violence across the United States has given rise to some states adopting stricter gun laws in an effort to keep Americans safe. In New Jersey, the “red flag” law is designed to deter gun violence by providing both law enforcement and the courts with additional legal measures.

Red flag laws are relatively new in New Jersey and gun owners understandably have questions about how these laws work, their rights as gun owners, and what happens if you are subject to an order under the red flag law. South Jersey red flag law attorneys at Aydelotte & Scardella Law LLC have 18 years of combined criminal defense experience and in-depth knowledge of New Jersey’s gun laws. Our skilled team protects the rights of those who have been charged with a weapons offense in New Jersey, and we offer a free initial consultation with our team.

Understanding New Jersey’s Red Flag Laws

In September 2019, an Extreme Risk Protective Order Act took effect in New Jersey. This law — also known as a red flag law or gun violence protective order — is temporary and is based on an assessment of risk. The preemptive protective order allows members of an individual’s family, their household members, or a law enforcement officer to petition a judge to temporarily remove firearms from an individual who is believed to pose an imminent danger to themselves or others or to temporarily prevent that individual from buying ammunition or a gun.

Under New Jersey’s red flag law, the government is allowed to temporarily confiscate your firearm if one of the following applies:

  • It is determined that you pose a threat to other people
  • It is determined that you pose a threat to yourself

The temporary extreme risk protective order applies even if the individual legally owns the gun and even if they have no criminal record. You do not need to commit a crime for this order to apply. 

Under New Jersey’s red flag law, the court may have the authority to confiscate a firearm when someone petitions the court with testimony or evidence that sufficiently demonstrates the basis for confiscating the firearm. The basis may include evidence of threats of violence from the gun owner against others or themselves. A judge evaluates the evidence that is presented and if the judge determines that the gun owner may be at risk of harming another person or themselves, the judge then issues an emergency order.

Once the judge issues an emergency order, the following may occur:

  • Law enforcement officers may confiscate the gun 
  • Law enforcement may prevent the individual from purchasing a new gun

Emergency orders under New Jersey’s red flag laws are temporary. Once the order is issued and carried out, then the judge will hold a hearing ten days later to hear more details regarding the case. It is at this hearing where an argument against the emergency order may be made. An experienced red flag law attorney will present evidence and advocate on your behalf to have the emergency order lifted. Skilled gun offense lawyers at Aydelotte & Scardella Law LLC offer a free initial consultation to those charged under New Jersey’s red flag laws — schedule your free consultation with our office today.

Skilled Red Flag Law Attorneys Aggressively Defend Those Facing Suspension of Firearms Access In Camden County, Burlington County, and Gloucester County, New Jersey 

Learning that your weapon will temporarily be taken away under an extreme protective measure can be shocking and upsetting. But rather than spending your time and energy pointing fingers and accusing those that filed the petition with the court, it is better to concentrate your energy on making sure the confiscation is only temporary.

The way to fight the order that you pose a risk to yourself or others is by presenting a strategic defense of the charge. And for that, we’ve got you covered. The South Jersey red flag law attorneys at Aydelotte & Scardella Law LLC share more than 18 years of practical experience defending the weapons charges brought against our clients and protecting their right to gun ownership under the United States Constitution.

Aydelotte & Scardella Law LLC offers a free initial case evaluation — we will review the evidence against you, inform you of your rights under the law, and discuss the best strategy for developing a winning defense. Contact our office to schedule your free consultation.

Frequently Asked Questions About Red Flag Laws In South Jersey

FAQ: I was charged with a violation of New Jersey’s red flag laws. Do I need an attorney to handle the charge?

While you are not required to have legal counsel to represent you in a red flag law charge, it is in your best interest to hire a qualified attorney. To argue against a red flag law violation, the respondent must prove that they do not pose a danger to themselves or others and that the initial order was not warranted. While this may sound straightforward, it is not uncommon for an unsuspecting respondent to utter something that negatively impacts their situation. A skilled criminal defense attorney who is experienced in handling these matters can effectively negotiate with the prosecutor and advocate on your behalf with the judge to reach the most favorable outcome in your situation.

FAQ: Can anyone file a petition under New Jersey’s red flag laws?

No. Under New Jersey’s Extreme Risk Protective Order Act, only family members, household members, or a law enforcement officer can file a petition to remove a firearm from another person who they believe poses an imminent danger to themselves or others.

FAQ: I have no criminal record. Can my gun still be taken away under New Jersey’s red flag laws?

Yes. An Extreme Risk Protective Order can be served to any individual that the court considers high risk for firearm violence, regardless of whether the individual has a criminal record.

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  • 20 Years of Experience
    When your freedom is at stake, experience matters. At Aydelotte & Scardella, LLC, we have nearly 20 years of experience defending clients just like you. We’re proud to have been recognized by South Jersey Magazine as a Top Lawyer in Criminal Defense, “Rising Star” lawyers by Super Lawyers Magazine, “Awesome Attorney” by South Jersey Magazine in 2018 and by the Mercer County Bar Association for our legal abilities and commitment to legal education.
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