From In the Matter of L.M.P., decided Tuesday by N.J. intermediate appellate judges Ronald Susswein, Mark Chase, and Lorraine Augostini:
Petitioner L.M.P. and her husband E.S. are a married couple residing in Bayonne. On July 9, 2024, Bayonne police officers arrived at the couple's home to inform them of the untimely death of their only son. L.M.P. and E.S. became distraught upon hearing this tragic news.
E.S. made several pertinent statements to police during the interaction. According to reporting Officer Krzeminski, E.S. told the officers that there was a "gun upstairs," stated that his wife would shoot herself, asked Officer Krzeminski to take out his firearm and shoot him, and asked the officer to remove the gun from the residence because he was going to "eat the gun." E.S. was taken to Bayonne Medical Center for a psychological evaluation. L.M.P. remained quiet throughout the encounter with police and later testified that she "went into severe shock."
During the police visit to the home, L.M.P. voluntarily surrendered the firearm, which was brought to Bayonne Police Headquarters. A Petition for Temporary Extreme Risk Protective Order (TERPO) was filed on behalf of the Bayonne Police Department against L.M.P. The petition alleged that L.M.P. posed an immediate and present danger of causing bodily injury to herself or others and asked the court to grant a TERPO to prohibit her from owning, possessing, or acquiring firearms. The trial court granted the TERPO on the same day.
A FERPO hearing was held [two months later]…. L.M.P. … testified at the [Final Extreme Risk Protective Order (FERPO)] hearing. The following is the totality of her testimony:
So, the only thing I would like to say is that it was a very unfortunate day for my husband and I. And I went into severe shock from the second they gave us the news. I didn't say anything. I didn't threaten anybody. I have no mental health issues. I could tell you that I have worked at my place of employment for over ten years. I've been in the same line of business for over [twenty-five] years. I've been an upstanding citizen. So, the gun that was pulled from me is owned by me and registered by me. So, that's all I have to say.
