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Firearms seized in NJ, against will, without due process.
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HopeSubject3027 is in New Jersey
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I live in the great state of NJ. The police just left my house, having seized my firearms with an ERPO against me. My wife had a mental breakdown about 11 days ago, and she was acting erratic and concerning enough that I decided to call 911. She went to the hospital, and then went to voluntary evaluation. She was there for three days, and then they released her.

7 days later (today), the police showed up to my house and asked me to surrender my firearms. I explained to them that this seems incredibly unlawful, given no actual crime was committed, my wife was not involuntarily committed, and even if there was concern about her, she does not have constructive possession as the firearms are all locked up in a biometric gun safe that only I have access to. They said that should be okay, but theyโ€™re needing to follow up internally.

They came back this evening with an ERPO stating that the court finds that I, the respondent, "will pose/poses an immediate and present danger of causing bodily injury to myself or others by owning, possessing, purchasing, or receiving firearms and/or ammunition."

They tried to reassure me that this is just for immediate safety concern, and only temporary, which I found laughable, since:

  1. The hospital released her, which means they deemed her to not pose a danger to herself and/or others
  2. They allowed the firearms to remain in the house for a FULL WEEK after her release, which arguably is the most sensitive period if someone was in serious distress.

That being said, I was going to just go and present my case, but a friend told me I'm likely to never see my 2nd amendment rights again. So here I am, stripped of my 2nd amendment rights, having committed no crime, with no reasonable suspicion that I am a danger to anyone, or ever in the past for that matter, wondering how this is even possible to do to a law-abiding citizen who has done nothing wrong?

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Profile updated: 3 days ago

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3 weeks ago