NEWARK, N.J. — A federal judge has rejected an attempt by a Lakewood man to revive parts of a lawsuit connected to New Jersey’s “red flag” gun law and the seizure of his firearms.
Shimon Shenker had asked the court to reconsider an earlier ruling that dismissed several of his claims against the Ocean County Prosecutor’s Office. The judge refused, saying Shenker did not present any new evidence or legal arguments strong enough to change the original decision.
The lawsuit centers around New Jersey’s Extreme Risk Protective Order law, commonly called the ERPO or “red flag” law. The law allows courts to temporarily remove guns from people considered a danger to themselves or others.
Earlier this year, the judge ruled that the Ocean County Prosecutor’s Office could not be sued for certain claims because government agencies like county prosecutors are protected by sovereign immunity, a legal doctrine that shields state entities from some lawsuits.
Shenker argued the court got it wrong and claimed he should still be able to seek the return of his property and pursue damages. He also argued the court misinterpreted parts of New Jersey’s ERPO law and state attorney general directives related to gun seizures.
The judge disagreed and said Shenker was mostly repeating arguments the court had already considered and rejected.
In the decision, the court explained that motions for reconsideration are rarely granted and are only supposed to be used when there is a major legal mistake, new evidence, or a significant change in the law.
The judge found none of those circumstances applied in this case.
The ruling does not end the entire lawsuit, but it does keep the Ocean County Prosecutor’s Office dismissed from several parts of the case.
The dispute is part of a growing number of legal battles nationwide over red flag laws, gun rights, and due process protections involving firearm seizures.
