Explore The NRA Universe Of Websites

APPEARS IN News

Extreme Risk Protection Order Use: Lack of Process Leads to Abuse

Monday, February 3, 2020

Extreme Risk Protection Order Use: Lack of Process Leads to Abuse

New Jersey’s Extreme Risk Protection Order Act went into effect last September and NJ Advance Media has published an analysis of Orders issued since. The number of final orders issued may surprise readers: final orders account for less than half of the number of permanent orders issued. 

As of January 22nd, 186 temporary orders have been issued. NJ Advance media notes that number equals more than one such order per day. Judges denied 25 petitions for temporary orders. Once a temporary order is issued, the subject’s firearms are seized and a hearing is held within a set period of time to determine if a final order is issued. The subject of the ERPO has, at this hearing, their first opportunity to speak on his or her own behalf and to provide a defense.

Judges in New Jersey issued 88 final orders between September 1st and January 22nd, and denied 29 final orders. Eighty-eight final orders issued following 186 temporary orders. The status of the remaining cases was not clear.

But New Jersey is not alone in its ardent pursuit of Extreme Risk Protection Orders. From March 2018 through November 2019, the state of Florida granted 3,190 Temporary Ex Parte Risk Protection Orders (TRPO) after 2,833 TRPO hearings following 3,112 TRPO petitions filed. The data was provided by the Florida Courts.

To make that a little easier to read, the state of Florida issued more Temporary Ex Parte Risk Protection Orders than there were petitions for such orders filed or hearings for such orders held. That is an average of almost five ex parte orders issued per day in Florida over that time period. Florida’s population is about 2.4 times larger than New Jersey’s.

At the county level, Pinellas County in Florida issued 445 orders granting a TRPO but only held 341 TRPO hearings in the same time period. There were 448 petitions for a TRPO filed in that county. Manatee County, Florida, saw 57 TRPOs issued but just 31 hearings (and 59 petitions). Okaloosa County held 9 TRPO hearings but issued 23 Temporary Ex Parte Risk Protection Orders. In Sumter County, it was 31 orders and just two hearings.

This does not necessarily mean that law enforcement or the judiciary in either state is acting nefariously. The concern with red flag laws, or ERPOs, is that they will become a common practice, a lever used against anyone with whom one disagrees – or that they will become a commonly used tool in other judicial proceedings.

This is all more evidence for why NRA has repeatedly opposed laws that deprive law-abiding Americans of their civil rights without due process of law.

Gun control advocates have chosen Extreme Risk Protection Orders as a goal. Anti-gunners will happily sacrifice due process, which itself is often an afterthought in their anti-gun agenda – as is requiring treatment for those who need help.  The NRA is working across the country to ensure that due process rights are protected, that people can access the help they need, and that anti-gunners do not use ERPOs as a stepping stone to achieving their goal of an American population without the means to defend itself.

TRENDING NOW
NY AG James Sends Threatening Letter to Ammunition Sellers

News  

Monday, November 21, 2022

NY AG James Sends Threatening Letter to Ammunition Sellers

In a move that surprised absolutely nobody, anti-gun New York Attorney General Letitia James (D) announced last week that she would expand her assault on the Second Amendment by targeting ammunition sellers. AG James claimed, ...

Emboldened, Opportunistic Biden Continues to Promote Gun Bans

News  

Monday, November 21, 2022

Emboldened, Opportunistic Biden Continues to Promote Gun Bans

Whatever else can be said of Joe Biden as a politician, he has been consistent and unwavering on at least one point: he wants to take your guns. Make no mistake: Left to his own ...

Déjà vu: Biden Taps Operation Chokepoint Veteran to Again Lead FDIC

News  

Monday, November 21, 2022

Déjà vu: Biden Taps Operation Chokepoint Veteran to Again Lead FDIC

Of all the scandals of the anti-gun Obama/Biden administration, Operation Chokepoint was perhaps the most insidious. NRA-ILA covered the story at the time, explaining how federal regulators – including the Department of Justice and the ...

Maryland: Montgomery County Passes Carry Restrictions

Wednesday, November 16, 2022

Maryland: Montgomery County Passes Carry Restrictions

Maryland’s most anti-gun county has continued its tantrum, lashing out against lawful carry in the only way it thinks it can. Yesterday, the Montgomery County Council voted unanimously to pass Bill 21-22E, to remove the exemption ...

California DOJ Awarded Participation Trophy for Losing Bruen Brief

News  

Monday, November 21, 2022

California DOJ Awarded Participation Trophy for Losing Bruen Brief

Those of earlier generations used to chuckle when small children were presented trophies merely for participating in organized sports. When this practice began, few could have predicted that this effete custom would someday extend to ...

Oregon Gun Control Ballot Measure Passes, Barely; Iowans Overwhelmingly Approve RKBA Amendment

News  

Monday, November 14, 2022

Oregon Gun Control Ballot Measure Passes, Barely; Iowans Overwhelmingly Approve RKBA Amendment

Two firearm-related ballot measures – one bad, one good – were voted on in last week’s midterm elections. Both passed.

CPRC: FBI Wrong – Armed Citizens Stopped at Least 34% of “Active Shooter” Attacks

News  

Monday, October 17, 2022

CPRC: FBI Wrong – Armed Citizens Stopped at Least 34% of “Active Shooter” Attacks

Recent polling indicates that an increasing number of Americans view the Federal Bureau of Investigation (FBI) with distrust and disfavor. The results of a national survey conducted in August by Rasmussen Reports found that a majority of voters asked ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

Brace Yourself: Biden Administration Reinterprets “Firearm,” Prepares Crackdown

News  

Monday, August 29, 2022

Brace Yourself: Biden Administration Reinterprets “Firearm,” Prepares Crackdown

When we say “brace yourself,” we’re not kidding. The pistol brace rule is coming as well. But first, a different sort of crackdown was unleashed on the nation this week, as an ATF rule published ...

More Than Two Dozen Gun Control Measures Prefiled for 2023 Session of the Texas Legislature

Monday, November 14, 2022

More Than Two Dozen Gun Control Measures Prefiled for 2023 Session of the Texas Legislature

Although the 2023 Regular Session of the Texas Legislature does not convene until January 10, gun control advocates have wasted no time declaring war on your Second Amendment rights in the Lone Star State and making ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.