New Jersey

Extreme Risk Protective Order (ERPO)

Last updated 02/15/2024 N.J. Stat. Ann. §§ 2C:58-20 - 2C:58-32
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In June 2018, Governor Phil Murphy signed Assembly Bill 1217 creating New Jersey’s Extreme Risk Protective Order, which became effective on September 1, 2019. In August 2019, the New Jersey Office of the Attorney General providing guidelines to law enforcement agencies and prosecutors’ offices on ERPO implementation.1

In New Jersey, an Extreme Risk Protective Order (ERPO) is a civil order that temporarily prohibits individuals from purchasing and possessing firearms and ammunition if the individual poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.2 Family and household members (including a current or former spouse, domestic partner, partner in a civil union couple, dating partner, and a person with a child in common), and law enforcement officers may petition for an ERPO.3

Petitioners may seek a temporary ERPO.4 If a temporary ERPO is issued, the order is in effect for up to 10 days until the hearing for a final ERPO can occur.5 If a temporary ERPO is not issued, then the subject of the petition will be served with a notice for a final ERPO hearing.6 A final ERPO will remain in effect for one year unless terminated through court processes.7

When a temporary or final ERPO is issued, the respondent must surrender firearms, ammunition, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun.8

New Jersey’s ERPO law includes ex parte ERPOs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of relevant evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.9

1 https://www.nj.gov/oag/newsreleases19/pr20190815b.html

2 N.J. Stat. § 2C:58-23

3 N.J. Stat. § 2C:58-21

4 N.J. Stat. § 2C:58-23

5 N.J. Stat. § 2C:58-24

6 N.J. Stat. § 2C:58-24

7 N.J. Stat. § 2C:58-25

8 N.J. Stat. § 2C:58-26

9 N.J. Stat. § 2C:58-25

New Jersey's Extreme Risk Protective Order

Effective: September 1, 2019

Order Type Max Duration Burden of Proof Factors to Consider Who can petition for ERPO

EX Parte Order

(Emergency order, if applicable)

10

days

Good cause

  • threat or act of violence towards self or others;
  • history of violence;
  • reckless use and/or display of firearms;
  • evidence of mental health disorder;
  • violations of domestic violence and/or sexual assault orders;
  • prior arrests for violence;
  • cruelty to animals; substance and/or alcohol abuse;
  • recent acquisition of firearms or deadly weapons
  • law enforcement;
  • family members;
  • household members (people with a child in common; domestic and dating partners)

Final Order

(emergency order, if applicable)

Until terminated by the court

Preponderance of the evidence

Factors to Consider
  • threat or act of violence towards self or others;
  • history of violence;
  • reckless use and/or display of firearms;
  • evidence of mental health disorder;
  • violations of domestic violence and/or sexual assault orders;
  • prior arrests for violence;
  • cruelty to animals; substance and/or alcohol abuse;
  • recent acquisition of firearms or deadly weapons
Who can petition for ERPO
  • law enforcement;
  • family members;
  • household members (people with a child in common; domestic and dating partners)

Explore the following resource to learn more about New Jersey’s ERPO law:

New Jersey Courts - ERPO

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