Hackensack, NJ red flag lawyer Adam M. Lustberg releases a new article (https://www.lustberglaw.com/red-flag-lawyer/) explaining the Red Flag Law in New Jersey. The lawyer mentions that under the Second Amendment, individuals in the United States are given the right to bear arms. However, the court has ways to remove guns from known dangerous individuals especially if they pose danger to themselves or others.
“Given the recent attention on gun violence and widespread calls for further protection from dangerous individuals, many states have implemented what is called “red flag laws” empowering law enforcement agencies to more easily confiscate firearms from those who have been deemed “dangerous.” As of September 1, 2019, New Jersey put into effect red flag laws of its own,” says the Hackensack, NJ red flag lawyer.
The lawyer explains that the red flag law has been met with controversies. Many civil rights and gun advocacy groups have seen these laws as a potential violation of due process rights by not allowing the subject of a protective order to argue their case. These orders may be used to protect innocent individuals but those who are the subject of these orders of protection find that the law has been used against them unfairly.
Attorney Adam M. Lustberg mentions that red flag laws are put into place to confiscate firearms from potentially high-risk individuals and protect others from violent acts before they happen. Emergency orders of protection are developed to enable the court to confiscate or prevent the use of a firearm from an individual who poses an imminent threat of harming themselves or others.
In the article, attorney Lustber says that household members, family members, law enforcement groups, or other parties may be able to petition the court to confiscate firearms from someone they believe is a threat under the Extreme Risk Protective Order Act. This order may prevent someone from possessing or purchasing a firearm or ammunition if there is sufficient evidence that they may be a danger.
According to the red flag lawyer, “Firearms may be immediately confiscated under an ERPO, requiring the subject to petition the court for its termination and present his or her own evidence. But the court takes these matters very seriously and can be reluctant to return firearms to an individual if they feel there is any validity to the dangers expressed in the petition.”
Lastly, attorney Adam emphasizes the importance of having a skilled lawyer if someone is a subject of the red flag law. Having an experienced criminal defense lawyer may be able to help the client protect their rights as well as their freedom.
About Lustberg Law Offices, LLC
Lustberg Law Offices, LLC works with criminal cases in New Jersey or New York. It has earned a reputation for delivering results for clients. Attorney Adam M. Lustberg understands the difficulties that can arise when someone is facing serious criminal charges. He will answer questions and work with the client to help them understand what's going on and the next steps in their case. Call them today to schedule an appointment.
For more information about Lustberg Law Offices, LLC, contact the company here:
Lustberg Law Offices, LLC
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One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States