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 crime attorney at Lustberg Law Offices, LLC can step in, protect your rights, and work for your freedom. Call (201) 880-5311 today to set up a consultation.
Firearms possession charges fall under various categories, and, depending on the crime, you may be facing one or several charges. These include:
- Unlawful possession of a weapon: You had a firearm but no carry permit.
- Unlawful possession of an illegal weapon: The gun itself is banned in the state.
- Certain persons not to have weapons: The law bars you from owning a firearm, yet you had one.
- Possessing a weapon for unlawful purposes: Police believe you intended to use the gun to commit a crime.
- Possessing a firearm during a CDS or bias crime: A gun was found while you were allegedly dealing drugs or intimidating someone.
Depending on the type of weapon and specific offense, each carries its own spectrum of penalties. Furthermore, penalties increase if your offense falls under the Graves Act.
If you are facing charges of illegal firearm possession, it is important to seek the help of an experienced New Jersey gun possession lawyer. Having a skilled attorney may be able to help you understand what your rights are and help you protect your freedom.
Understanding the Degrees of a New Jersey Gun Crime
New Jersey classifies most gun possession cases as indictable offenses, and each degree carries its own sentencing guidelines.
First-degree charges are reserved for the most serious conduct. If convicted, you face 10 to 20 years in prison and up to $200,000 in fines under the sentencing guidelines. In the firearms context, first-degree exposure is usually limited to being a leader of a firearms-trafficking network or other strict-liability trafficking scenarios in which an illegally trafficked gun causes death or serious injury.
Second-degree gun crimes include carrying a handgun without a permit, possessing an assault firearm, being a “certain person” unlawfully in possession of a weapon, or having a firearm with the purpose to use it during another violent felony. This charge carries a 5 to 10 year term and potential fines reaching $150,000. The Graves Act also sets a mandatory minimum of 42 months before parole eligibility, so early release is off the table unless a judge grants a rare waiver.
Third-degree offenses typically involve the unlawful possession of a rifle or shotgun without the required Firearms Purchaser Identification Card, defaced firearms, or sawed-off shotguns. Sentences range from 3 to 5 years, with fines up to $15,000. Although prison is possible, judges have more discretion at this level to consider probation or Pre-Trial Intervention for first-time offenders.
Fourth-degree gun crimes cover lower-level conduct such as simple possession of a large-capacity magazine, possessing an imitation firearm for an unlawful purpose, or certain air-gun violations like a pellet gun fitted with a suppressor. You still risk 18 months behind bars and a $10,000 fine. Even a plea to this “lesser” degree can leave you with a felony record that blocks jobs, housing, and firearm ownership.
A New Jersey gun possession attorney can question the search, negotiate with prosecutors, and argue for alternative sentencing that keeps you working and supporting your family. Reaching out early gives your defense team the most time to build a strategy that protects your future.
New Jersey Gun Crime Lawyer
Adam M. Lustberg
Attorney Adam M. Lustberg is a seasoned New Jersey criminal defense lawyer with a strong focus on gun crime cases and weapons offenses. With over 14 years of courtroom experience, he has defended clients against a wide spectrum of charges, from unlawful possession of firearms to aggravated assault with a deadly weapon. His legal journey began at Seton Hall University School of Law, where he quickly developed a passion for criminal justice through internships and clinical work at the Essex County Public Defender’s Office. Since becoming licensed in both New Jersey and New York in 2004, Mr. Lustberg has built a reputation for meticulous trial preparation, tenacious advocacy, and achieving favorable outcomes even in high-stakes cases.
Mr. Lustberg has successfully represented individuals in Municipal and Superior Courts across the state, including those charged with gun-related offenses under New Jersey’s strict weapons laws. Recognized for his excellence in criminal defense, he has earned a perfect 10.0 Avvo rating and has been repeatedly honored by SuperLawyers and The National Trial Lawyers. His deep understanding of the criminal justice system, combined with his strategic approach and personalized client attention, makes him a trusted ally when facing serious firearm charges in New Jersey.
Unlawful Possession
If you get caught with a firearm and no paperwork, the rules hit hard and change with the type of gun you have. Carrying a rifle or shotgun without a firearms ID card could land you in prison for 3 to 5 years and cost you up to $15,000 in fines. A handgun brings even steeper consequences. Possessing one without a carry permit is a second-degree crime that can mean 5 to 10 years behind bars and fines reaching $150,000. Because the Graves Act kicks in for handguns, the judge must impose a mandatory minimum sentence, so early release is off the table.
Unlawful Possession of an Illegal Weapon
Some firearms are unlawful to possess in New Jersey under any circumstances. Possession of an assault firearm or a machine gun is a second-degree offense, punishable by 5 to 10 years in prison and a fine of up to $150,000. Separately, possession of a sawed-off shotgun is a third-degree offense, which carries a penalty of 3 to 5 years in prison and a fine of up to $15,000. Finally, possession of a defaced firearm is a fourth-degree offense, with a sentence of up to 18 months and a maximum fine of $10,000.
Certain Persons Conviction
If you are someone who has a prior conviction and is not allowed to possess a firearm, being found with one can result in 5 to 10 years in prison, with parole ineligibility for a minimum of 5 years.
Possession of a Firearm for an Unlawful Purpose
Possession of a firearm for an unlawful purpose is also a second-degree crime punishable by 5 to 10 years in prison and up to $150,000. It also falls under the Graves Act.
What is Considered a Weapon in New Jersey?
In New Jersey, the definition of a ‘weapon’ extends beyond conventional firearms and knives. According to the law, any object that is readily capable of lethal use or inflicting serious bodily injury may be considered a weapon. This broad definition can include an array of items, even surprisingly, a person’s fists.
Explicitly listed as weapons in New Jersey are Billy Clubs, Blackjacks, and Bludgeons, all blunt objects designed for combat. Brass or Metal Knuckles, which enhance the force of a punch, are likewise included. Cestuses, an ancient armament consisting of leather bands studded with metal filings or razor blades embedded in wood, also make the list.
Bladed weapons such as Daggers, Dirks, Gravity Knives, and Stilettos are considered weapons due to their potential to cause severe harm. Switchblade Knives, with their spring-loaded blades, are specifically mentioned due to their concealed and sudden lethality.
Firearms, as expected, are on the list due to their inherent lethal potential. Stun Guns, although designed to incapacitate rather than kill, are classified as weapons because they can cause serious bodily harm.
Finally, even some less conventional items are considered weapons in New Jersey, including Sand Clubs and Slingshots. These items, while perhaps seen as rudimentary or even toys in some contexts, can indeed inflict significant harm.
Are Stun Guns Legal in New Jersey?
In New Jersey, stun guns are legal, but there are specific laws governing their use and possession. The laws were updated in 2017, allowing individuals aged 18 and older to purchase, possess, and use stun guns and Tasers. No permit or license is required for adults to own or carry one, although the devices are still banned in sensitive places such as schools, courthouses, and secured airport areas, and they remain illegal for minors under 18.
Stun guns are considered self-defense tools and should be used responsibly. Misuse or carrying a stun gun in prohibited locations can result in fines or other legal actions. Always stay informed about the laws, as they can change.
It’s recommended for potential owners to consult with a knowledgeable New Jersey gun possession attorney to fully understand the requirements and restrictions. This can help in making informed decisions and maintaining adherence to state laws. Contact Lustberg Law Offices, LLC to schedule a consultation.
New Jersey Graves Act
The state of New Jersey takes weapons offenses very seriously, and there have been numerous cases where innocent individuals have been incarcerated due to the state’s strict gun laws. These laws are encompassed in a section of the law known as the Graves Act, which imposes severe penalties on individuals convicted of possessing certain weapons. The Graves Act is defined within the New Jersey Criminal Code, specifically referenced as N.J.S.A. 2C:43-6.
According to the Graves Act, individuals who are discovered with a firearm or commit specific crimes while possessing a firearm are subject to mandatory minimum prison sentences. Consequently, those convicted of a Graves Act offense must serve a minimum of one-third to one-half of their sentence, or a minimum of 42 months (whichever is longer), before they become eligible for parole.
The Graves Act covers various prohibited weapons that carry substantial penalties, including:
- Handguns
- Rifles
- Machine guns
- Shotguns
- Sawed-off shotguns
- Defaced firearms
Specific offenses that fall under the Graves Act include:
- Unlawful possession (without a permit, license, or registration) of machine guns, handguns, rifles, or shotguns, classified as a second-degree offense.
- Possessing a sawed-off shotgun is categorized as a third-degree offense. Owning a defaced firearm, classified as a fourth-degree offense.
- Possessing a firearm during the commission of an offense involving controlled dangerous substances (CDS) is classified as a second-degree offense.
- Possessing a firearm as a prohibited person, classified as a second-degree offense.
Additionally, according to the Graves Act, engaging in activities such as manufacturing, transporting, or disposing of machine guns, sawed-off shotguns, or assault firearms is classified as a third-degree offense. Similarly, defacing firearms is also considered a third-degree offense.
If you have specific questions about the Graves Act or need further information, it is recommended to consult with a New Jersey Graves Act lawyer. At Lustberg Law Offices, LLC, our lawyers can provide you with the guidance and representation you need if you are facing charges or have concerns related to the Graves Act. Contact us today to schedule a free consultation.
| Offense Type | Description | Legal Classification |
|---|---|---|
| Unlawful Possession of Firearms | Machine guns, handguns, rifles, or shotguns without permit/license | Second-Degree Offense |
| Possession of a Sawed-Off Shotgun | Shotgun with an illegally shortened barrel | Third-Degree Offense |
| Possession of a Defaced Firearm | Firearm with removed or altered serial number | Fourth-Degree Offense |
| Firearm Possession During a CDS Offense | Possessing a firearm while committing a drug-related offense | Second-Degree Offense |
| Possession by a Prohibited Person | Firearm possession by someone legally barred from owning one | Second-Degree Offense |
Possession of a Firearm During the Commission of a CDS or Bias Offense
Possession of a firearm during the commission of these offenses is considered a second-degree offense. Furthermore, if there is an additional conviction for possession of a firearm for an unlawful purpose, prison time must be served consecutively.
What Does The State Need to Prove in Order to Charge Someone With Possession Of a Weapon for an Unlawful Purpose?
In order to convict a person of possession with an unlawful purpose charge, the State must prove that the defendant possessed the weapon with the intent to use it illegally and that it was intended to be used unlawfully against another person or property. The N.J.S.A. 2C:39-1 defines the types of weapons that may be unlawfully possessed, including handguns, rifles, shotguns, imitation firearms, explosives, and more.
The type of weapon used determines the degree of an unlawful purpose offense. The type of weapon involved in the charge will also determine the sentence for the accused, whether they will face a mandatory minimum sentence or whether a presumption of incarceration will apply to their case. To comply with the law, the accused may have to face prison time along with additional requirements as mandated by the Graves Act.
If you are facing charges of illegal firearm possession, it is important to seek the legal representation of an experienced New Jersey criminal defense lawyer right away. An experienced lawyer may be able to help you protect your rights and your freedom.
While firearms possession is treated harshly in New Jersey, there may be several defense options available to you if you have been charged with possession. At Lustberg Law Offices, LLC, we provide diligent legal defense for individuals who have been charged with gun possession in New Jersey. Call us at (201) 880-5311 or contact us online to discuss your charges.
