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Legal Information: New Jersey

Restraining Orders

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Laws current as of January 8, 2024

What happens to the respondent's firearms once an extreme risk protective order is issued?

When a temporary or final extreme risk protective order is issued, the judge will order the respondent to surrender all firearms and ammunition to the local law enforcement agency. If the petition for the temporary extreme risk protective order states that the respondent owns or possesses any firearms or ammunition, the judge is supposed to issue a search warrant that will be delivered by law enforcement officer upon serving the order. The officer will request that all firearms and ammunition immediately be surrendered. Even if the firearms are not listed in the petition, the judge has the option to issue a search warrant if the judge believes that the respondent has not surrendered all firearms and ammunition.1 

Once an order is terminated, the respondent can file a petition for the return of any surrendered firearms, which will be returned within 30 days. At least 10 days before returning the firearms, the local law enforcement agency must notify the family or household member who filed the petition that the firearms or ammunition will be returned to the owner.

1 N.J. Stat. § 2C:58-26(a), (b), (c)
2 N.J. Stat. § 2C:58-26(d)