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Gun crimes in New Jersey carry some of the harshest penalties in the country. Strict firearm laws regulate who can own a gun, how it can be carried, and where it can be used. Charges related to illegal possession, unlawful use, or firearm-related offenses often lead to felony convictions, mandatory prison time, and steep fines. Even individuals who unknowingly violate these laws or believe they are acting within their rights can face serious legal consequences. A strong defense is critical in fighting these charges, whether they involve unlawful possession, carrying a firearm without a permit, or using a weapon in connection with another offense.
If you have been charged with a gun crime in New Jersey, seeking immediate legal representation from a New Jersey gun crime lawyer is essential. Lustberg Law Offices, LLC provides skilled defense for individuals facing firearm-related charges, working to reduce penalties or fight for case dismissal. With experience handling complex gun laws and mandatory sentencing requirements, attorney Adam M. Lustberg, a trusted New Jersey criminal lawyer, can build a strong defense strategy for your case.
Contact Lustberg Law Offices, LLC at (201) 880-5311 for a consultation and get the legal help you need.
New Jersey is known for having some of the strictest gun laws in the United States, making it a leader in gun violence prevention. The state has one of the lowest rates of firearm deaths and firearm ownership, a testament to the effectiveness of its stringent regulations. New Jersey has long been proactive in addressing gun violence through comprehensive laws, including robust background checks and permit requirements for all firearm purchases. These regulations not only aim to control gun ownership but also to ensure that individuals with violent criminal backgrounds or mental health issues do not have access to firearms.
In addition to its strict purchase requirements, New Jersey recently strengthened its concealed carry permitting system, making it even more difficult to carry a firearm in public. The state also introduced some of the most rigorous restrictions on ghost guns, which are firearms that can be assembled at home without serial numbers. This focus on regulating firearm ownership and usage reflects New Jersey’s commitment to reducing gun violence, but it also means that anyone facing charges related to firearms in the state must understand and adhere to these complex laws to avoid serious consequences.
If you are facing gun charges in New Jersey, it’s crucial to have experienced legal representation.
Contact Lustber Law Offices, LLC, at (201) 880-5311 for a consultation with a skilled New Jersey Gun Crime Lawyer who can help protect your rights and build a strong defense.
New Jersey has one of the most stringent firearm licensing processes in the country, which requires individuals to obtain specific permits before purchasing or carrying a firearm. Given these strict requirements, many applicants face delays or denials due to errors in paperwork or past legal issues.
To legally purchase or carry a firearm in New Jersey, you must first obtain the appropriate permits. These include:
As of February 1, 2023, new residents bringing firearms into New Jersey must apply for an FPIC or register their handguns within 60 days of establishing residency. The application process is detailed and requires careful attention to various forms and requirements, including:
While the law mandates that applications be processed within 30 days (or 45 days for non-residents), delays are common. Incomplete or incorrect applications can result in rejections or prolonged processing times. Some applicants may even face issues due to minor past offenses, which can affect eligibility.
| Eligibility Criteria | Description |
|---|---|
| Age Requirements | Must be 18+ for firearms, 21+ for handguns (unless required for employment). |
| Background Check | Must pass a background check to obtain necessary permits. |
| Permits Required | Necessary permits must be obtained prior to purchase. |
| Domestic Violence | Prohibited if convicted of domestic violence, subject to a restraining order, or violated a restraining order. |
| Violent Crimes | Prohibited if convicted, attempted, or conspired to commit specific violent crimes. |
| Mental Health | Prohibited if involuntarily committed for mental health treatment. |
| Drug-related Offenses | Prohibited if convicted of using, possessing, or selling controlled substances (exceptions for misdemeanors). |
| Terror Watch List | Prohibited if listed as a national security risk by federal authorities. |
New Jersey has strict eligibility requirements for individuals seeking to purchase or possess firearms. To legally purchase a gun, a person must meet specific age requirements, pass a background check, and obtain the necessary permits. Anyone under the age of 18 is prohibited from applying for any type of firearms license. Individuals under the age of 21 cannot apply for a handgun permit unless their employment requires them to carry one.
New Jersey law also prohibits certain individuals from purchasing or possessing firearms, even if they meet the age requirements. These include:
Because New Jersey gun laws are among the strictest in the country, any violation of these regulations can result in serious criminal charges. If you or a loved one are facing a firearm-related charge or have been denied the right to purchase a gun, it is essential to seek legal guidance.
Lustberg Law Offices, LLC provides dedicated criminal defense for gun and weapon-related offenses in New Jersey.
Contact us today at (201) 880-5311 to schedule a free consultation and explore your legal options.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
The Graves Act is a critical component of New Jersey’s legal framework designed to address and deter gun-related offenses. It establishes mandatory minimum sentences for a variety of firearm-related crimes, emphasizing the state’s commitment to reducing gun violence. Given its severity, it is crucial for anyone facing charges under the Graves Act to understand the nature of the offenses it covers and the potentially life-altering consequences of a conviction.
The Graves Act, codified under N.J.S.A. 2C:43-6, addresses a range of criminal offenses involving firearms, such as handguns, rifles, shotguns, assault weapons, machine guns, and defaced firearms.
Key offenses under the Graves Act include:
These offenses carry severe penalties, and many individuals unknowingly commit Graves Act violations due to a lack of understanding of the strict regulations governing firearm possession and use in New Jersey.
The Graves Act imposes mandatory minimum sentences for those convicted of firearm offenses, with no possibility of parole during a significant portion of the sentence. For example, sentences typically start at five years in prison with a 42-month period of parole ineligibility. The length of this parole ineligibility increases depending on the severity of the crime and the defendant’s criminal history. Even first-time offenders can be subjected to these harsh sentences. The Graves Act’s strict penalty structure limits the prosecution’s flexibility in offering plea deals, as the mandatory minimums restrict what can be offered unless a waiver is granted. As a result, defendants facing Graves Act charges are often forced into lengthy prison terms unless their legal team can successfully negotiate or challenge the application of the law.
New Jersey has strict laws surrounding the possession and use of firearms and other weapons, with various charges in place for individuals who violate these regulations. The state’s approach to gun crimes is tough, emphasizing the need for experienced legal defense when facing such serious allegations.
Under N.J.S.A. 2C:39-5, possessing any unlicensed or unpermitted weapon or firearm in New Jersey is a criminal offense. Even if a weapon is otherwise permitted by law, failing to obtain the appropriate permit or license can result in a third-degree or fourth-degree crime, depending on the type of weapon and the circumstances surrounding its possession.
According to N.J.S.A. 2C:39-7, certain individuals are completely barred from legally possessing firearms or other weapons. This includes those with prior convictions for serious crimes such as aggravated assault, arson, robbery, homicide, and domestic violence-related offenses. The penalties for violating this law depend on the person’s criminal history and the type of weapon found.
N.J.S.A. 2C:39-4 makes it illegal to possess any weapon with the intent to commit another crime, whether or not the crime is actually carried out. This applies to a wide range of items that could be used to inflict harm, including baseball bats, hammers, knives, and firearms. The charges for this offense range from a fourth-degree to a second-degree crime, depending on the weapon involved.
Under N.J.S.A. 2C:39-3, certain firearms and weapons are outright banned in New Jersey due to their dangerous nature. Prohibited items include sawed-off shotguns, silencers, defaced firearms, and switchblade knives. Possession of these prohibited weapons can result in third-degree or fourth-degree charges.
If a firearm is found in your possession while committing another crime, you may face an additional charge, regardless of whether the firearm was used. This charge can apply even if the firearm was not used during the crime, further elevating the severity of the charges faced.
Gun-related offenses in New Jersey are treated with utmost seriousness, and facing such charges without the proper legal guidance can result in severe penalties. If you are facing gun crime charges, it is essential to seek experienced legal counsel to protect your rights and build a strong defense.
Contact Lustberg Law Offices, LLC, at (201) 880-5311 today to discuss your case with an experienced New Jersey gun crime lawyer.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
In New Jersey, Red Flag Laws, officially known as Extreme Risk Protective Orders (ERPOs), provide a legal mechanism to prevent firearm-related tragedies by temporarily removing firearms from individuals who may pose a danger to themselves or others. Implemented in September 2019, this law allows family members, household members, or law enforcement officers to petition the court to temporarily seize firearms from individuals who exhibit warning signs of violence, suicidal tendencies, or other risks associated with firearm possession.
Under the New Jersey Red Flag Law, the court may issue an emergency or temporary order for a gun owner to surrender their firearms, ammunition, and permits if sufficient evidence is presented showing that the individual has:
If a judge determines there is enough credible evidence, law enforcement can immediately confiscate the firearms and prevent the individual from purchasing new firearms pending a full court hearing. During this hearing, the court will evaluate further evidence and decide whether to return the firearms to the owner or grant a final ERPO, which can last up to one year with the possibility of extension if the risk remains.
For individuals who have had their firearms confiscated under New Jersey’s Red Flag Law, legal representation is essential. Lustberg Law Offices, LLC can advocate for your rights and help challenge the emergency order in court.
Contact us today at (201) 880-5311 to discuss your legal options with an experienced New Jersey gun crime attorney.
Being convicted of a firearm or weapon-related crime in New Jersey comes with severe penalties, which can vary based on the specifics of the crime, the type of weapon involved, and the individual’s criminal history. Gun offenses in New Jersey are categorized by degrees, each carrying specific sentencing ranges and fines.
In addition to these standard penalties, New Jersey’s Graves Act plays a significant role in sentencing for many gun-related crimes. Due to the harsh penalties imposed under the Graves Act and the various degrees of gun crimes, individuals facing such charges need a skilled attorney to protect their rights. In some cases, legal representation can help secure a Graves Act waiver, which may reduce the mandatory minimum sentence or make the defendant eligible for parole sooner. This waiver can significantly impact the outcome of a case, and experienced attorney Adam M. Lustberg has successfully helped many clients obtain these waivers.
If you or someone you know has been charged with a firearm-related offense in New Jersey, contact Lustberg Law Offices, LLC, today at (201) 880-5311. With a focus on defending against gun charges, our team can guide you through the legal process and work to secure a favorable outcome.
Facing a gun crime charge in New Jersey can have severe consequences, including mandatory prison sentences and significant fines. However, a strong legal defense can challenge the prosecution’s case and potentially lead to reduced charges or even case dismissal. The right defense strategy depends on the circumstances of the case, the evidence presented, and the applicable firearm laws. Below are some common defense strategies used in gun crime cases.
The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement obtained a firearm without probable cause, a warrant, or under improper procedures, the evidence may be deemed inadmissible in court. A defense attorney can file a motion to suppress the firearm, which could weaken or dismiss the prosecution’s case.
Many firearm offenses require proof that the accused knowingly possessed the weapon or intended to use it unlawfully. If a person was unaware of the firearm’s presence—such as borrowing a vehicle that contained a gun without their knowledge—this could serve as a valid defense.
In some cases, the defendant may have legally possessed the firearm but was mistakenly charged due to a misinterpretation of New Jersey’s strict gun laws. Proving that the firearm was properly registered, stored, and transported within the state’s legal requirements can help fight the charges.
If a firearm was used in a legally justifiable act of self-defense, this can serve as a defense. While New Jersey has strict limitations on self-defense claims, demonstrating that the accused reasonably believed they were in imminent danger and had no alternative but to use force may be a viable argument.
Prosecutors must present strong and admissible evidence to prove a firearm charge beyond a reasonable doubt. A skilled attorney can scrutinize forensic reports, witness statements, police procedures, and other evidence to identify inconsistencies or weaknesses that can be used to challenge the case.
Given the strict penalties associated with gun crimes in New Jersey, securing experienced legal representation is critical. If you are facing a firearms charge, Lustberg Law Offices, LLC can evaluate your case, explore available defense strategies, and fight for the best possible outcome.
Contact us today at (201) 880-5311 to schedule a consultation with an experienced New Jersey gun crime attorney.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
Gun crime charges in New Jersey come with severe penalties, including mandatory prison time, heavy fines, and a permanent criminal record. Whether you are facing charges for unlawful possession, carrying without a permit, or another firearm-related offense, having a strong legal defense is essential. The stringent and complicated nature of New Jersey’s gun laws means that even a minor mistake can lead to serious consequences.
At Lustberg Law Offices, LLC, we are dedicated to protecting the rights of individuals facing gun-related charges. New Jersey gun crime lawyer Adam M. Lustberg understands the intricacies of firearm laws and knows how to build a strong defense strategy.
If you or a loved one is facing a gun charge, don’t wait—contact Lustberg Law Offices, LLC at (201) 880-5311 for a consultation and take the first step toward defending your future.
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