How does an ERPO affect a person’s gun license or firearm permits?

Understanding an Extreme Risk Protection Order (ERPO)

An Extreme Risk Protection Order (ERPO) is a legal tool that allows law enforcement, family members, or other eligible petitioners to request the temporary removal of a person’s firearms if they are deemed to pose a significant risk to themselves or others. These orders, also known as "red flag laws," vary by state but generally follow similar legal principles. Once issued, an ERPO can have a direct impact on an individual’s firearm ownership, including their gun license and permits.

Immediate Suspension or Revocation of Firearm Licenses and Permits

When a court grants an ERPO against an individual, one of the first consequences is the immediate suspension or revocation of any firearm-related licenses or permits they hold. The subject of the ERPO is typically required to surrender their firearm permit, concealed carry license, or any other official authorization that allows them to purchase, own, or carry a gun. In most jurisdictions, law enforcement agencies enforce this requirement by notifying the licensing authority, which then formally revokes or suspends the permit.

Mandatory Firearm Surrender and Prohibition on Future Purchases

In addition to losing their permits, the individual must surrender all firearms they currently own to law enforcement or a designated New Jersey Extreme Risk Protection Order third party, such as a licensed gun dealer. The court may set a strict deadline for compliance, often within 24 to 48 hours of the order being issued. Failure to comply can result in criminal charges. Furthermore, an ERPO prohibits the person from purchasing, receiving, or possessing any new firearms while the order is in effect.

Duration of an ERPO and Its Impact on Licensing

The length of an ERPO varies based on whether it is a temporary or final order. A temporary ERPO may last for a few weeks until a full hearing is held, while a final ERPO can last for several months to a year, depending on state laws. During this period, the individual remains prohibited from obtaining a firearm license or permit. In some states, even after an ERPO expires, the person must reapply for a new license, which may involve a background check and additional scrutiny.

Potential Long-Term Consequences and Restoration of Rights

Even after an ERPO is lifted, restoring firearm rights is not always automatic. The person may need to petition the court to reinstate their gun license and prove they no longer pose a risk. Additionally, some jurisdictions may impose waiting periods or require mental health evaluations before reinstating firearm rights. A past ERPO may also impact future applications, as some licensing authorities consider an applicant’s history before granting new permits.

A Serious but Temporary Restriction

An ERPO immediately restricts an individual’s ability to own or carry firearms, affecting their gun licenses and permits for the duration of the order. While these measures are intended to prevent harm, they also come with significant legal and procedural requirements for reinstatement. Understanding these consequences is essential for anyone subject to an ERPO or involved in the legal process surrounding firearm safety.