In a high-stakes lawsuit, attorney and former congressional candidate David Burg is challenging New Jersey’s “Extreme Risk Protection Order” (ERPO) law, commonly known as a “Red Flag” law, which allows authorities to seize firearms from individuals deemed to be a threat. Burg, joined by the Association of New Jersey Rifle & Pistol Clubs, argues that the state’s laws are infringing on constitutional gun rights, particularly the right to self-defense outside the home.
The case is Burg v. Platkin, D.N.J., No. 1:24-cv-10076, a complaint filed on 10/25/24.
Burg’s case started with a confrontation during his drive to an Independence Day event in July. According to court documents, another driver aggressively tailgated and threatened him. Feeling trapped and threatened, Burg displayed his pistol to discourage the driver from further aggression, an act Burg describes as lawful self-defense. However, after the other driver reported him to the police, a New Jersey county prosecutor issued a “temporary extreme risk protection order,” leading to Burg’s firearms being seized by state authorities.
Burg’s lawsuit, filed on October 25 in the U.S. District Court for New Jersey, contends that the ERPO law, along with the state’s strict regulations on firearm locations, violate the Second Amendment. His attorney criticized the state’s reliance on “ex parte” orders, which allow gun seizures without the gun owner’s prior knowledge or a chance to present their side. He argues that these laws fundamentally deny due process, allowing authorities to confiscate firearms based on limited evidence, potentially even on hearsay.
The legal stakes are high for New Jersey gun owners. In recent years, the U.S. Supreme Court has underscored the right to carry firearms outside the home in cases like New York State Rifle & Pistol Association v. Bruen (2022). However, the court also upheld firearm restrictions in cases involving threats to public safety, as seen in U.S. v. Rahimi earlier this year, suggesting a balancing act between Second Amendment rights and public safety.
Related Comments by NJ’s Gun Lawyer Evan Nappen.
Attorney General Matthew J. Platkin, defending the ERPO law, maintains it’s a vital tool for public safety, emphasizing that it’s only applied when courts identify a “significant risk” to others.
But gun rights advocates like Burg argue that these laws open the door to widespread abuse. They fear that law-abiding citizens could have their firearms seized with little chance to challenge the order, particularly if a single accusation is all that’s required to trigger the process.
The complaint highlights Burg’s background as a law-abiding attorney and constitutional advocate, emphasizing that if a licensed gun owner with no criminal history can face such a penalty, any New Jersey gun owner could face similar risks. Supporters argue this case is pivotal in the national debate over “Red Flag” laws, and its outcome could influence other states that have adopted similar gun seizure laws.
Burg’s case brings to light growing concerns among gun rights advocates over ERPO laws, often criticized for bypassing constitutional protections. As Burg seeks to overturn New Jersey’s “Red Flag” law, many are watching closely, believing the lawsuit could set a precedent for defending gun rights against government overreach.
