Written by Leslie Moran, Gun Violence Prevention Task Force Co-Chair
ERPO is an acronym for Extreme Risk Protection Order. If you have never heard of this new (2019) New Jersey law, do not be surprised or feel uninformed. Many New Jerseyans are unaware of ERPO and how it works in NJ to temporarily restrict someone’s access to guns when they are in crisis. Also called Red Flag laws, this type of court order can be effective in helping to prevent firearm suicides and other gun violence tragedies. But such a law cannot be effective if the public is not informed of its existence. The recent shooting in the Brooklyn subway station is an example of a type of situation that might have been prevented by the red flag law that does indeed exist in NY.
Another case is the mass shooter in the 2018 Parkland school shooting who was known to law enforcement and repeatedly displayed behaviors of concern prior to the shooting. Following the Parkland tragedy, 14 states across the country and Washington DC have passed Extreme Risk laws, resulting in a total of 19 states with these laws. ERPO laws allow a judge to temporarily remove a person’s access to guns when there is evidence that they pose a serious risk. These laws also provide due process protections. The person asking for the order must provide evidence of the risk that the other person poses. That person can challenge the evidence and make their case why an order should not be issued. There are other due process considerations; in discussing these, most useful for our purpose will be a discussion of how NJ law works.
We are likely to think of a family member in crisis when referencing the ERPO law. And we naturally may ask our loved one to seek professional help. If this fails, and we continue to have concerns, what precisely is the one thing you can do? In NJ you must be a family or household member to petition the judge for an ERPO. More specifically the law defines the petitioner as the following: current or former spouse, domestic partner, dating partner, household member, or anyone with a child in common with the person. Law enforcement also has an obligation to educate people about the availability of ERPO petitions. Thus, if an individual expresses to law enforcement that another person poses a danger to self or others by having access to a firearm, the officer will inform the person of the ERPO act and its procedures. Law enforcement can then help the petitioner in filing a Temporary Extreme Risk Protection Order (TERPO). If you do not fall into one of the above categories but are concerned about someone’s risk of harm to self or others, you can still contact law enforcement and ask that they seek an extreme risk protection order.
Our NJ law works as follows. The court will hear a request for an extreme risk protective
order as quickly as possible once it is filed. If the court grants a TERPO, it will notify the person and schedule a hearing within ten days. During this time access to firearms will be restricted. Otherwise, access will not be restricted unless the court issues a final extreme risk protection order after the hearing. These procedures are intended to balance the need for public safety with the due process rights of all involved.
How long does an ERPO last? A final extreme risk protective order remains in effect until the petitioner or person subject to the order asks the court to terminate the order. At that point the court must find that the person no longer poses a risk to themselves or others by possessing firearms.
Important Points
- ERPO is a civil action. The court’s decision does not create a criminal record
- Suicide is tragically common in the US and accounts for two thirds of gun deaths or 22,000 people annually
- Suicide attempts are exceptionally lethal when made with a gun
- The issuing of an ERPO does not depend on a mental health diagnosis; most people who die by suicide with a gun, or harm others with a gun, do not have a diagnosed mental illness
If you know of a congregation or group that would like to have a short presentation about the ERPO law, please contact the Gun Violence Prevention Task Force.
Suicide hotline: 1 (800) 273-8255 1 (800) 273 TALK
https://suicidepreventionlifeline.org/