We recently published an article about a New Jersey gun owner who was arrested and had all his guns confiscated under a Temporary Extreme Risk Protection Order created under very questionable terms using the States’ ‘Red Flag’ laws…
And the internet exploded.
At least that small corner of the internet on Reddit, Facebook, gun forums and other little niche locations dedicated to discussing Second Amendment rights, guns, and all that good stuff. The story is of course still developing, and many people weighing in on the story claim to either know of Kyle or had even seen his postings in some of these groups. Posters lobbed charged opinions like hand grenades, from every viewpoint, some emotionally-laden and hostile, and others quite thoughtful and objective.
Some people pointed out that he did indeed have “New Jersey illegal” contraband. Others pointed out that 40 miles to the west these items are legal. Some pointed out he is just an enthusiast, and has no criminal record. Others were shocked that one person could own so many firearms, and that it must mean something nefarious.
Part of the story includes information Kyle posted on his own social media accounts showing him holding or displaying firearms (sometimes in questionable circumstances). These social media postings were in fact contributory toward the case built by the Totowa police which resulted in the search warrant (which is built-in to the TERPO), confiscation of firearms, and arrest of Kyle and his father.
So we’ll pause here and state the obvious:
How do you avoid getting served with a TERPO? – DON’T POST STUPID SHIT ON THE INTERNET!
We could end the article right here. Kyle’s case was very much a “he shot himself in the foot” situation of bad judgment (yes, we purposefully used that analogy). What is the likelihood that Kyle would have come under the scrutiny of any law enforcement agency if he effectively had a zero-gun presence on the internet? We’ll say, substantially close to zero.
We’ve lived in New Jersey a long time. We’ll assert that most New Jersey gun owners are felons.
Does that sound surprising?
We don’t mean that they elected to break the law on purpose, but rather that because of New Jersey’s complex, ever-changing (and frankly unfair) legal system with regard to firearms ownership, people cross the line daily from legal gun owner to felon without even realizing it. (And yes, New Jersey wants it this way.)
- Wander into a post office really quickly to drop something off while carrying?
- Forget to secure your ammunition separately from your firearms on the way to the range?
- Have a 15-round mag in the back of the safe you forgot about when New Jersey arbitrarily changed the law in the late 20-some-teens?
It happens all the time, and those are the best of case scenarios.
What about those who skirt the law just a leeeeeeetle bit?
- Keep a couple “full capacity” mags for those training days in Pennsylvania?
- Have you built a rifle that you just didn’t feel like pinning and welding the muzzle brake on? (oops)
Guess what? Unless you broadcast this on the internet, with photos, on a social media channel linked to YOUR NAME… you are unlikely to ever come under the scrutiny of the state.
So let us restate our hypothesis:
At this point in time, if you use a modicum of good judgment, a fist-ful of common sense, and a dash of discretion… you’re almost certain to not become a victim of New Jersey’s “red flag” laws.
Kyle’s story will continue to unfold, the internet will continue to dispute intentions and motives (of both Kyle and the police department), people will argue about the validity of the various possession laws, etc. But one thing remains indisputable…
If you don’t post stupid shit to the internet, where the world can see it, you’ll likely be fine until the laws change or you can move to a free state.
