Lawyer who flashed gun at motorist sues over NJ Red Flag law (1)

A former New Jersey congressional candidate and lawyer whose guns were seized after he flashed his gun at an aggressive driver is suing the state to strike down several gun laws.

David Burg, a business and entertainment attorney, argues that New Jersey’s restrictions violate the Second Amendment. The state-imposed extreme risk protection order – commonly referred to as a “red flag law” – and restrictions on gun ownership in sensitive places such as cars infringe on the right to keep and bear arms, he argues.

“New Jersey is piling on its suppression of the fundamental right to keep and bear arms by any means necessary,” he said in his complaint filed Friday in the U.S. District Court for the District of New Jersey. Also the Association of New Jersey Rifle & Pistol Clubs Inc. joined Burg as a plaintiff.

Burg, who ran against Rep. Chris Smith (R) in the 2022 primary, said the state’s restrictions on where guns can be purchased do not meet the “justifiable necessity” requirement to carry guns outside of specific places. He also alleged that the Red Flag law improperly deprives individuals of firearms and delays their return, especially for gun owners who face corresponding criminal penalties in addition to gun confiscation, and is part of the state’s “blatant refusal” to follow U.S. Supreme Court precedent to follow.

Burg’s lawsuit highlights two important debates about gun law cases: which places are sensitive enough for gun bans, and what due process should be given to gun owners before guns are seized by police.

These questions conflict in Burg’s case. The other driver in the Burg incident reported the weapon to police, and a prosecutor obtained an ex-parte order allowing police to temporarily seize Burg’s weapons.

The U.S. Supreme Court, in its 2022 ruling in New York State Rifle & Pistol Association v. Bruenfound a clear constitutional right to carry weapons outside the home. But earlier this year, in US vs. Rahimithe court upheld the seizure of a man’s firearms in the context of domestic violence because he posed a credible threat to the safety of others.

Burg is represented by Hartman & Winnicki, PC.

Attorney General Matthew J. Platkin (D) said in a statement that he looks forward to defending the state’s gun laws at a time when gun violence is a greater threat than ever.

“New Jersey’s Extreme Risk Protection Order Act, which Governor Murphy signed into law in 2018, provides a critical tool that law enforcement has used for years to protect the public from individuals who a state court has specifically determined to pose a significant risk of harm form,” he said in a statement.

The thing is Burg v. PlatkinDNJ, No. 1:24-cv-10076, complaint filed on 10/25/24.