Attorney Takes Legal Stand Against State’s Red-Flag Firearm Law

A New Jersey attorney challenges the state’s red-flag law after an unannounced seizure of his firearms, igniting a fierce debate over Second Amendment rights and public safety.

At a Glance

David Burg, a Freehold attorney, is suing New Jersey over its “Extreme Risk Protection Order” (ERPO) law.
The lawsuit, filed on October 25, 2024, claims the law violates constitutional due process and gun rights.
Burg’s firearms were seized after he displayed a pistol during a traffic confrontation.
The case challenges the balance between Second Amendment rights and public safety measures.
This lawsuit could impact similar red-flag laws across the nation.

Attorney Takes on New Jersey’s Red-Flag Law

David Burg, a 67-year-old attorney from Freehold, New Jersey, has filed a federal lawsuit challenging the state’s Extreme Risk Protective Order (ERPO) Act, commonly known as a “red-flag” law. The case, Burg v. Platkin, was filed in the U.S. District Court for New Jersey on October 25, 2024, following an incident where Burg’s firearms were seized after he displayed his pistol during a confrontation with another driver.

The lawsuit contends that New Jersey’s ERPO law, which allows authorities to confiscate firearms from individuals deemed a threat, infringes on constitutional rights, particularly the right to self-defense outside the home. Burg argues that the law violates both the Second Amendment and due process protections.

Lawyer Sues Over New Jersey's Red Flag Law, Other Measureshttps://t.co/s7JD6v5MB2

— Bearing Arms (@BearingArmsCom) October 29, 2024

Ex Parte Orders and Due Process Concerns

A key point of contention in Burg’s lawsuit is the use of “ex parte” orders under the ERPO law. These orders enable authorities to seize firearms without prior notice to the owner or allowing them to present their side of the story. This practice has raised significant due process concerns among gun rights advocates.

“New Jersey is piling on its suppression of the fundamental right to keep and bear arms using every possible means” – David Burg

Critics argue that this approach could lead to abuse, with firearms being confiscated based on limited evidence or even hearsay. The complaint emphasizes Burg’s background as a law-abiding attorney, suggesting that any New Jersey gun owner could face similar risks under the current law.

State Defense and Public Safety Concerns

New Jersey Attorney General Matthew J. Platkin defends the ERPO law as a crucial public safety tool. He maintains that the law is applied only when courts identify a “significant risk” to public safety. This stance highlights the ongoing tension between individual rights and collective security measures.

“New Jersey’s Extreme Risk Protection Order Act, which Governor Murphy signed into law in 2018, offers a critical tool that law enforcement has been using for years to protect the public from the individuals a state court has specifically found to pose a significant risk of danger” – Attorney General Matthew J. Platkin

However, studies, including those by the Rand Corporation, have indicated that red-flag laws may not significantly reduce gun violence or suicide rates. This finding adds another layer of complexity to the debate over the effectiveness and necessity of such laws.

Broader Implications and Future Outlook

Burg’s lawsuit extends beyond the ERPO law, challenging New Jersey’s restrictions on possessing guns in sensitive places, including vehicles. The case also questions the state’s limits on where firearms can be purchased and carried, arguing that these restrictions do not meet the “justifiable need” requirement for bearing arms outside specific locations.

The outcome of this case could have far-reaching implications for gun rights and public safety policies across the United States. With numerous lawsuits challenging red-flag laws in various states, there’s a possibility that the issue may eventually reach the Supreme Court. If the highest court were to deem these laws unconstitutional, it would fundamentally alter the landscape of gun regulation in America.

As this legal battle unfolds, it will undoubtedly continue to fuel the ongoing national debate over the balance between Second Amendment rights and public safety measures. The case of Burg v. Platkin serves as a focal point for these discussions, potentially shaping the future of gun legislation in New Jersey and beyond.