ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1217

STATE OF NEW JERSEY

DATED:  FEBRUARY 28, 2018

      The Assembly Judiciary Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 1217.

      The Assembly Committee Substitute for Assembly Bill No. 1217, entitled the “Extreme Risk Protective Order Act of 2018,” establishes a process and procedures for obtaining a protective order against persons who pose a significant danger of bodily injury to themselves or others by possessing or purchasing a firearm.  The order would prohibit the subject of the order from possessing or purchasing a firearm or ammunition and from holding a firearms purchaser identification card, permit to purchase a handgun, and permit to carry a firearm. 

Temporary Extreme Risk Protective Order

      The committee substitute specifically authorizes a family or household member or a police officer to file a petition in the Superior Court for a temporary extreme risk protective order, in accordance with the Rules of Court, alleging that a specific person poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  The petition is to include an affidavit including the number, types, physical description, and locations of any firearms and ammunition the petitioner believes are controlled or possessed by the respondent.

      The committee substitute directs that the petition is to be heard by the Superior Court in an expedited manner.  The court is to issue the protective order if it finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  The court would not charge a fee to file the petition.

      In deciding whether to issue the temporary protective order, the court would consider: whether the person has a history of threats or acts of violence directed toward self or others; a history of use, attempted use, or threatened use of physical force against another; a recent violation of a restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991” or a protective order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015”; a conviction of a violent disorderly persons or petty disorderly persons offense, stalking offense, domestic violence offense, or an offense involving cruelty to animals; and a history of drug or alcohol abuse.  The committee substitute also authorizes the court to consider other factors related to whether the respondent poses an increased risk of violence, including, but not limited to, whether the person has a history of violating a restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991” or a protective order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015”; prior arrests for a violent disorderly persons or petty disorderly persons offense, stalking, or domestic violence offense; and recent acquisitions of a firearm, ammunition, or other deadly weapon. 

      A temporary extreme risk protective order prohibits the subject of the order from having custody or control of, owning, purchasing, possessing, or receiving firearms or ammunition.  It also prohibits the person from securing or holding a firearms purchaser identification card, a permit to purchase a handgun, or a permit to carry a handgun while the order is in effect.  Under the order, the subject would be required to surrender firearms and ammunition, as well as the identification card or permits, which would be immediately revoked. 

Extreme Risk Protective Order

      The temporary extreme risk protective order is to remain in effect until the court considers whether a one-year extreme risk protective order should be issued.  A hearing for an extreme risk protective order would be held within 10 days of the filing of a petition for a temporary order. At the hearing, the court is to consider the same factors considered for a temporary order.  The one-year order is to be issued if the court finds by a preponderance of the evidence at the hearing that the respondent poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm. 

Extension of Extreme Risk Protective Order

      The one-year order may be extended for another year if requested by the family or household member or law enforcement officer any time within three months of the expiration of the current protective order and upon notice to the respondent and a hearing.  The court is required to make the same findings, by a preponderance of the evidence, as required for granting the initial one-year order. 

Surrender Provisions

A person against whom a temporary extreme risk protective order or extreme risk protective order is issued is required to surrender to the local law enforcement agency or to surrender or sell to a federally licensed dealer all firearms and ammunition in the person’s custody or control, or which the person owns or possesses, and to surrender to law enforcement any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun the person holds. The person can petition for the return of the firearms or ammunition within 30 days before the order expires with certain exceptions.  The person also may sell the firearms or ammunition to a licensed dealer.  A law enforcement agency holding a surrendered firearm or ammunition a year after the order expires is authorized to destroy the firearm or ammunition in accordance with agency policies. 

Petition to Terminate Extreme Risk Protective Order

      The subject of an order has one opportunity to have an order terminated.  The subject is required to prove at a hearing, by a preponderance of the evidence, that the person no longer poses a significant danger of causing bodily injury to self or another by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

Domestic Violence Central Registry

      The committee substitute further requires the Administrative Office of the Courts to include in the Domestic Violence Central Registry all persons who have had extreme risk protective orders entered against them, and all persons who have been charged with a violation of an extreme risk protective order.  These records are to be kept confidential and released only to authorized entities which also are required to keep confidential the information and are prohibited from disseminating it for any reason other than as authorized by law. 

      Amendatory Sections

      N.J.S.A.2C:29-9 is amended to provide that a person subject to an extreme risk protective order who violates the order commits a crime of the fourth degree.  Fourth degree crimes are punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  

      N.J.S.A.2C:39-7 is amended to provide that the subject of an extreme risk protective order who purchases, acquires, owns, possesses, or controls a firearm or ammunition commits a crime of the third degree. Third degree crimes are punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. 

      N.J.S.A.2C:58-3 is amended to provide that the subject of an order also is disqualified from obtaining a firearms purchaser identification card or permit to purchase a handgun. 

Effective Date

      The committee substitute takes effect on the first day of the seventh month next following enactment and authorizes the Attorney General and the Administrative Director of the Courts to take anticipatory action.