New Jersey Gun Crime Lawyer
The state of New Jersey has some of the most stringent gun laws in the nation. Being charged and convicted of a gun crime in New Jersey can leave an individual facing extensive fines, potential years in prison, and marked for life with a criminal conviction.
If you have been charged with a gun crime in New Jersey, it is critical to get the skilled legal counsel of a New Jersey criminal defense lawyer as soon as possible. At Lustberg Law Offices, criminal lawyer Adam M. Lustberg and our New Jersey gun crime defense lawyers are prepared to guide and aggressively advocate for your rights after a serious gun charge. Don’t face the criminal justice system alone.
Contact us today at (201) 880-5311 to speak with an experienced firearms defense lawyer.
New Jersey gun laws are notoriously complex, involving many variables and complicated statutes. Without a permit or valid registration, you may already be committing a criminal offense by possessing firearms. If you have been previously convicted of a crime, you may not be able to own a gun legally in the state at all.
Being convicted of a gun crime in New Jersey not only means significant time behind bars and hefty fines but a permanent criminal record that can affect every aspect of your future. If you are facing a weapons charge in New Jersey, you need a skilled attorney to ensure your best possible outcome. Getting the assistance of an experienced gun law attorney as soon as possible is critical to providing you with the strongest defense. At Lustberg Law Offices, we can help
New Jersey’s strict gun laws can affect you even if you don’t live here but have crossed the border into the state. Our gun laws require that all individuals be properly permitted, carry the appropriate identification, are of the required age limit, and are not in possession of a prohibited weapon. If you are transporting a gun into or around the state without understanding our laws, you may be committing a serious crime.
An individual may only transport a firearm in New Jersey under specific circumstances:
Furthermore, firearms may only be transported if they are properly secured and stowed unloaded in a closed and fastened case, box, or secured package, or in the trunk of a vehicle and not accessible by any of the vehicle’s occupants.
You may have been breaking the law without even knowing it. If you are facing charges regarding gun transportation, it is important to get the skilled guidance of a gun crimes lawyer so as to understand your options and possible defenses. At Lustberg Law Offices, LLC, criminal defense lawyer Adam M. Lustberg and his team of attorneys can help you navigate the complexities of the justice system.
Call us today at (201) 880-5311 to schedule a free consultation.
In the United States, the Bureau of Alcohol, Tobacco, Firearms, and Explosives sets the federal baseline of who is permitted to purchase or possess a firearm. Beyond those federal laws, each state sets its own laws and guidelines for firearms possession and purchase in that state.
In New Jersey, state firearm laws regulate who can and cannot legally own or purchase a firearm, a gun, a weapon, or ammunition. Anyone wishing to purchase a handgun in New Jersey must obtain a permit to purchase a handgun (one handgun per permit) and a Firearms Purchaser Identification Card, allowing unlimited rifle and shotgun purchases. These must be obtained from either local law enforcement or the New Jersey State Police.
Any individual under the age of 18 is prohibited from applying for any type of firearms license. Anyone under the age of 21 is prohibited from applying for a permit for a handgun unless their employment requires it.
Furthermore, under New Jersey state laws, there are other individuals who are prohibited from owning or possessing a firearm. These include:
If you or a loved one are facing a firearm crime in New Jersey, it is critical to understand what defense options you have available. Defense lawyer Adam M. Lustberg and the experienced attorneys at Lustberg Law Offices offer a free consultation to discuss your charges and options under the law.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Firearms crimes in New Jersey are broken down into specific categories. Depending on the factors and circumstances surrounding the incident, you may face one or multiple charges, including:
If you are in the possession of any firearm that has not been licensed or permitted in New Jersey, you can be charged with the unlawful possession of a weapon under N.J.S.A. 2C:39-5.
N.J.S.A. 2C:39-3 sets out specific firearms and other weapons that are unlawful to possess in the state of New Jersey.
You may be prohibited from owning any firearm or other weapon in New Jersey under N.J.S.A 2C:39-7.
You can be charged under N.J.S.A. 2C:39-4 for the possession of a weapon while planning another crime, even if the crime was not carried out.
You may be charged with possessing a firearm during the commission of a crime as a separate charge if you had it in your possession while committing the crime, whether or not you used it.
Weapons Offenses in New Jersey are serious crimes. Don’t face them alone. Contact attorney Adam M. Lustberg and the aggressive defense attorneys at Lustberg Law Offices to understand how we may be able to help defend you against these serious charges.
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Individuals who carry a firearm or weapon that are permitted in the state of New Jersey are still subject to the appropriate license or permit. Depending on the weapon, not having the proper permit or license for it can be considered either a third-degree or fourth-degree crime.
In New Jersey, some weapons are outright prohibited due to their dangerous nature. There are no permits offered for these and they are unlawful to own and possess, period. These weapons are categorized into groups by danger and these will have an effect on the charge and penalties. They include but are not limited to:
and other weapons.
There are exceptions, however, for law enforcement officers, members of the armed forces, or firearm dealers and manufacturers, or those with a specific lawful purpose.
There are specific individuals in the state of New Jersey who cannot have legal possession of any weapons at all. This includes individuals who have been previously convicted of crimes such as:
Charges and penalties can vary depending on why the individual cannot carry a weapon, what weapon they are found with, and in what circumstances they have been found in possession of the weapon.
Under New Jersey law, an individual cannot possess a gun or any weapon with the intention of committing a crime. This charge can range from a second-degree crime to a fourth-degree crime depending on the type of weapon used.
Finally, it is unlawful to possess any weapon with the intent to use it while committing a crime, whether or not the weapon was used.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
A weapon or firearms conviction in the state of New Jersey will carry harsh penalties. If you are convicted of a weapons charge the penalties will vary depending on the weapon, the crime, and other factors and circumstances surrounding the incident.
In New Jersey, there are four degrees of firearms offenses. These include:
In addition, pursuant to New Jersey’s “Graves Act,” nearly all firearms convictions carry mandatory state prison sentences with mandatory periods of parole ineligibility. Unless your attorney is able to secure a “waiver” of those mandatory minimum terms of imprisonment, the sentencing Judge simply must sentence you to state prison with a mandatory period of parole ineligibility. Attorney Adam M. Lustberg has secured those waivers on his clients’ behalf in countless cases and, if necessary and appropriate, he will do the same for you.
If you are facing a firearms charge, it is critical that you get the help of an experienced defense attorney as soon as possible. At Lustberg Law Offices, defense attorney Adam M. Lustberg and our team of attorneys work as aggressive advocates for you, helping you to avoid conviction or minimize its consequences. The state of New Jersey takes gun crimes extremely seriously and you need serious legal defense if you have been charged with a gun or weapons crime.
Contact us today at (201) 880-5311 to schedule a free initial consultation.
In New Jersey, the Grave’s Act governs sentencing following convictions for certain weapons charges. For those who have been charged with committing a crime while in the possession of a firearm or with the unlawful possession of a firearm, the Graves Act sets out mandatory minimum prison terms and when eligibility for parole is available.
Relief from a mandatory minimum sentence may be possible through a “Graves Waiver” or, in some cases, through a pre-trial intervention or probation. While these remedies can be complicated to obtain, the skilled attorneys at Lustberg Law Offices will explore all potential defense options, including those concerning Grave’s Act offenses.
New Jersey and other states have enacted what is known as “red flag” laws. These laws expand law enforcement’s ability to remove a gun from an individual who is considered dangerous to themselves or others.
Under our red flag laws, the court can issue a temporary order for gun owners to surrender their firearms and their ammunition if:
Someone has petitioned the court with evidence that the gun owner has threatened violence or poses a threat to others or him or herself.
The court feels there is enough evidence and orders temporary confiscation of the firearm.
The court will then evaluate further evidence and decide whether to release the guns back to the owner or grant a protective order against them.
If you have had a gun confiscated under New Jersey’s Red Flag law, an experienced New Jersey gun crimes attorney can advocate for your rights to have the emergency order lifted. Contact the legal defense team at Lustberg Law Offices to understand how we may be able to help.
If you are convicted of a gun crime in New Jersey, you will have a criminal record that may remain with you for the rest of your life. In addition to a permanent criminal record, imprisonment, and any other statutory penalties that you may be facing, a gun crime conviction will mean that you may also face long-term personal consequences, including:
Before you make any decisions that may affect your freedom and the rest of your life, it is important to discuss your case with a skilled legal professional to understand your rights and your options. Experienced New Jersey gun lawyer Adam M. Lustberg and our team of skilled attorneys at Lustberg Law Offices offer a free consultation to discuss your case and answer any of your questions.
New Jersey gun laws require that a person should be registered to be able to legally carry a handgun in public. New Jersey Statute 2C:58-4 states that anyone who wants to bring a firearm in public must apply for a permit with the New Jersey Superior Court. This process can be complicated and involve appearing at the court to fill out and file the application. People will be required to show that they know how to safely handle a gun and have a justifiable need to possess a handgun in public.
It can be difficult to prove this in court. A New Jersey gun lawyer can assist anyone who has previously applied for a firearm purchaser ID but was denied, or someone who wants to apply for a permit for handgun carry.
Attorney Adam M. Lustberg is an experienced gun lawyer who may be able to assist you and provide legal advice whether you are planning to apply for a firearm purchaser ID, or if you are facing serious gun crime charges. We will put our years of experience to use and help you explore your options toward a favorable outcome. Call us today to schedule a free consultation.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
At Lustberg Law Offices, gun crime attorney Adam M. Lustberg and our team of skilled attorneys have over seventeen years of experience defending individuals who have been charged with serious gun and weapons crimes in New Jersey. We provide aggressive legal defense and work closely with prosecutors and the courts to help minimize the impact of such a charge on your life. With our skilled team of New Jersey lawyers on your side, you can face your charges knowing you have the best legal defense possible.