Examining the Effectiveness of New Jersey’s Extreme Risk Protection Order in Preventing Gun Violence

Introduction

New Jersey’s ERPO law empowers individuals to seek civil court orders that temporarily prohibit someone from purchasing or possessing firearms and ammunition if that person poses a significant danger of bodily injury to themselves or others. Here are the key points:

1. Purpose of ERPO: The ERPO Act aims to prevent gun violence by allowing select individuals (such as family members, household members, and law enforcement officers) to petition for an ERPO against someone who poses a risk.
2. Framework: The ERPO Act is based on the framework and procedure of domestic-violence protection orders. It considers evidence related to various factors, including threats or acts of violence, use of physical force, protective orders, criminal history, substance abuse, and recent firearm acquisition.

ERPO Mechanism

• Petitioners: Family and household members, as well as law enforcement officers, can petition for an ERPO.
• Risk Assessment: The court evaluates evidence related to the respondent’s history, behavior, and risk factors.
• Prohibitions: An ERPO prohibits the respondent from possessing or purchasing firearms, ammunition, and related permits.
• Temporary and Final Orders: The court can issue both temporary (TERPO) and final (FERPO) risk protective orders.

Evidence of Effectiveness

1. Suicide Prevention: ERPOs have shown suggestive evidence of effectiveness in preventing suicides. By temporarily removing firearms from individuals at risk, ERPOs provide a crucial intervention.
2. Mass Violence Prevention: Recent research suggests that ERPOs may also help prevent mass violence, including school shootings. By identifying and disarming potentially dangerous individuals, ERPOs contribute to public safety.

Implementation Challenges

• Awareness: Public education efforts are essential to inform people about ERPOs and how to file them.
• Balancing Rights: ERPOs must balance public safety with due process rights of respondents.

Conclusion

New Jersey Extreme Risk Protection Order law represents a proactive approach to preventing gun violence. While challenges exist, ERPOs play a vital role in safeguarding communities and saving lives.For more details, you can refer to the official New Jersey ERPO directive and the Bloomberg American Health Initiative page on ERPOs in New Jersey.