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NJ Extreme Risk Objective

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In the past, many in law enforcement have experienced the frustration caused by not having procedures in place that allow an officer to initiate a streamlined process for removing a firearm from an individual who poses a threat to themselves or the public

I would like to see some NJ statistics where police wanted to remove firearms and impound a FID, they were unable to, and a firearms related crime was subsequently committed.  I bet the stats will be so low, an actuary would barely notice any impact.

Cops should be able to take guns away from nut jobs and people with anger management issues, but there needs to be due process.  Cops already have the tools they need to do this, probable cause comes to mind.  Just because does not fly.   ERPO is just a back door that skips constitutional protections.

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2 hours ago, SJG said:

It is what it is. Training is better than no training.

Lol, three weeks before enactment from a law passed in 2018!  Which begs to ask, was there training for the other half dozen or so "probable cause" directives listed in that article ? The list keeps growing on ways to go around due process., so typical of a growing tyrannical socialist govt.

 

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My concern is that it is not about saving lives. Its about broadening the net of confiscation without due process. If we start seeing confiscations over trivial or unsubstantiated situations, this will be the red flag of this pursuit. Aside from this, how many people are going to have stuff confiscated because the person making the decision simply never wants it to come back on them that they decided not to confiscate and then something happened. So a process like this if it is absent a criteria to qualify for confiscation is inherently going to be one sided.

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Another law that does nothing to stop crime but we know its all about confiscation not crime.  So now they will make the police the gestapo and disarm citizens. what if you have an argument with someone or someone doesn't like you tor they are anti 2A they can report you as a danger and you will lose your guns? If you are not a member of NJ2A's or the NRA join as soon as you read this. 

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13 minutes ago, Shane45 said:

My concern is that it is not about saving lives. Its about broadening the net of confiscation without due process. If we start seeing confiscations over trivial or unsubstantiated situations, this will be the red flag of this pursuit. Aside from this, how many people are going to have stuff confiscated because the person making the decision simply never wants it to come back on them that they decided not to confiscate and then something happened. So a process like this if it is absent a criteria to qualify for confiscation is inherently going to be one sided.

I don't agree with taking guns first, asking questions second... 

The fortunate part is that a judge has to rule of the confiscation first, then they have to uphold it after for permanent removal... 

THEN their ruling has to withstand various higher court appeals. You may think they would CYA and error on the side of caution... but they also have to worry about cases being overturned and states/counties getting the shit sued over civil rights violations if there is little proof to support confiscation.

 

Give it another year or two and these Red flag laws will create such an incredible mess in the justice system they are going to be forced to fix it. If these people had the foresight now, they would be very careful in who they take guns from. 

 

Just look at CA, they probably already have a class action lawsuit in the brewing over their ammo laws. 

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15 hours ago, deerpark said:

Does the victim (an individual formerly protected by the Second and Fourth Amendments), have any due process?

https://www.nj.gov/oag/newsreleases19/Extreme-Risk_Directive.pdf?fbclid=IwAR3Vj-6R_5D6cIF9uqpOJOt_wJaO2XYzCFWJDGF5ArWxnQgRRXv2IP4lGLM

 

Depends on how much time, money and fortitude you got. We're in a state that hates guns and gun owners, a judicial system that will rubber stamp the seizure and a court system that is stacked pretty deep that does not favor the 2A.

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1 hour ago, siderman said:

Depends on how much time, money and fortitude you got. We're in a state that hates guns and gun owners, a judicial system that will rubber stamp the seizure and a court system that is stacked pretty deep that does not favor the 2A.

So, as far as we know, theres no provision in this "law" for "due" process, even after the fact?

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