by Evan F. Nappen, Esq.
This proposed law will allow your guns to be easily confiscated based on “grounds” so flimsy, they defy belief. The level of proof is only Probable Cause. Only one side (the plaintiff) is heard by the court. Any person can apply to have guns taken from another person.
The “grounds” cover a multitude of issues, but here are some of the most concerning:
- “…evidence of recent acquisition of firearms or other deadly weapons…” The mere recent purchase of a gun can be considered as “grounds” to seize your guns.
- “…any prior arrest of the person for a crime or offense…” Any “arrest”, not even a conviction, is required. “Offenses” arguably include traffic offenses. Get a speeding ticket and apparently it can be considered as “grounds” to seize your guns.
- “… a recent threat.. directed toward others…” It does not require a criminal threat. Threaten to not shop at a certain store, and it can be considered as “grounds” to seize your guns.
- “… a recent threat.. directed toward yourself…” This also does not require a criminal threat. Threaten to hold your breath, and it can be considered “grounds” to seize your guns.
- “…the history of use, attempted use, or threatened use of physical force by the person against other persons…” Criminal or even unlawful physical force os not required. Playing football, having a history of playing football or threatening to play football, can be considered “grounds” to seize your guns.
The court only has to be satisfied in an ex parte hearing, (Meaning the court only hears one side. The gun owner is not present. Only the person asking for the guns to be taken speaks to the court.) The court must find that the person poses a, “significant risk of personal injury to himself or others by possessing a firearm” based on the one-sided evidence presented.
In New Jersey one can bet that simply having a gun will be considered a “significant risk of personal injury.” The anti-2nd Amendment crowd has argued that for years.
This bill is proof of the threat to our gun rights. We must fight it.
A special session of the Assembly Judiciary Committee for Wednesday is scheduled for February 28 2018 to consider this and the other 6 Anti-2A bills.
Please contact Members of the NJ Assembly Judiciary Committee and tell them to vote no.
Here is their contact information.
*See Below for Email Addresses Only
Assemblywoman Annette Quijano (D20) — Chair
P: (908) 624-0880
Assemblyman Joseph A. Lagana (D38) — Vice Chair
P: (201) 576-9199
Assemblyman Arthur Barclay (D5)
P: (856) 541-1251
Assemblyman Gordon M. Johnson (D37)
P: (201) 530-0469
Assemblywoman Carol A. Murphy (D7)
Assemblyman Michael Patrick Carroll (R25)
P: (973) 539-8113
Assemblyman Erik Peterson (R23)
P: (908) 238-0251
Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com