Kenneth Vercammen & Associates, P.C.
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Sunday, July 18, 2021

IN THE MATTER OF D.L.B. (0119-XTR-2020-000001, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-1035-20)

 IN THE MATTER OF D.L.B. (0119-XTR-2020-000001, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-1035-20)

In this appeal, the State challenges the court's denial of a final extreme risk protective order under the Extreme Risk Protective Order Act of 2018, which empowers a court to remove firearms from a person who "poses a significant danger of bodily injury to . . . self or others" by possessing them. N.J.S.A. 2C:58-24(b). Because the trial court did not admit critical evidence, did not require or ensure the State presented information and evidence upon which it relied in support of its petition, and did not make essential findings of fact, the court reverses and remands for further proceedings.