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Weapons Offenses

Lustberg Law

What Does NJ 2C:39-4.1a Say About Guns and Drug Crimes?

N.J.S.A. 2C:39-4.1(a) makes it a second-degree crime to knowingly possess a firearm while committing, attempting to commit, or conspiring to commit certain drug offenses. The State must prove knowing possession and a connection between the firearm and the predicate offense. A conviction carries a prison term of five to ten

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Lustberg Law

What Diversion Programs Are Available for NJ Gun Charges?

New Jersey offers several diversion paths that may help a person charged with a firearm or weapons offense avoid a conviction, but each program has limits. PTI is for indictable charges in Superior Court, while the Veterans Diversion Program is for eligible servicemembers facing certain nonviolent offenses. Conditional Dismissal is

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Weapons Offenses

How to Beat a Gun Charge in NJ

Defending against a gun charge in New Jersey requires challenging how law enforcement obtained evidence and understanding available legal strategies. Common defenses include proving illegal search and seizure, demonstrating lack of knowledge or intent, qualifying for statutory exemptions, or negotiating for reduced charges. New Jersey has some of the strictest

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Weapons Offenses

Who is Prohibited from Buying a Weapon in New Jersey?

New Jersey law disqualifies applicants for multiple reasons, including (among others): being under 18 (Firearms Purchaser Identification Card/FPIC) or under 21 (Permit to Purchase a Handgun); having been convicted of any crime or a disorderly persons offense involving domestic violence; being subject to certain domestic violence restraining orders that prohibit

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Lustberg Law

NJ 2C:58-4.6: Places Where Firearms Are Prohibited

New Jersey takes gun carry seriously. Even with a valid permit, you can’t bring a handgun everywhere you go. Specific locations have been designated as off-limits because the law treats them as prohibited locations for gun carry. State law seeks to reduce the chance of harm in crowded or vulnerable

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Weapons Offenses

What is a Straw Purchase in New Jersey?

A straw purchase occurs when an individual buys a firearm on behalf of another person who is either unwilling or unable to buy the firearm themselves. This transaction is illegal under both federal law and New Jersey state law. The person who buys the weapon is known as the “straw

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Lustberg Law

Are Large-Capacity Magazines and Bump Stocks Illegal in NJ?

New Jersey takes a firm stance on gun laws, and accessories like large-capacity magazines and bump stocks are no exception. These items are banned under state law, and being caught with one, even if you didn’t realize it was prohibited, can lead to serious criminal charges. For many people, the

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Lustberg Law

Are BB Guns Legal in New Jersey?

New Jersey’s stringent gun laws position it among the states with the most rigorous firearm regulations in the country. Gone are the days when owning a BB gun and shooting in the backyard were a common pastime. In New Jersey, pellet guns and BB guns are classified as firearms, which

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Lustberg Law

NJ Banned Firearms List

New Jersey is known for having some of the strictest gun laws in the United States, designed to protect public safety and reduce gun violence. Among these regulations is a comprehensive list of banned firearms, often referred to as assault weapons. Understanding which firearms are prohibited is essential for all

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Lustberg Law

What are the Penalties for Illegal Firearm Possession in New Jersey?

New Jersey treats gun laws seriously. Consequently, it’s no surprise that penalties for possession can be equally serious. One illegal firearm conviction can bring at least five years in prison along with heavy fines. If officers have charged you with illegal gun possession, act fast. A skilled New Jersey gun

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