New Jersey Gun Crime Lawyer
Experienced New Jersey Gun Crime Lawyer Adam M. Lustberg – Criminal Defense And Firearms Attorneys at Lustberg Law Offices, LLC
New Jersey is infamous for having some of the most rigorous gun laws across the country. The implications of gun or weapons charges in this state can be severe, including hefty fines, potentially long prison sentences, and a lifelong criminal record.
If you have been charged with gun or weapons crimes 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, gun and weapons crimes attorney 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. We may be able to use our legal experience and knowledge of the justice system to achieve the best possible outcome in your gun charges case. Don’t face the criminal justice system alone.
Reach out to us today at (201) 880-5311 to consult with an experienced firearms defense lawyer.
Gun laws in New Jersey are renowned for their complexity, encompassing a multitude of variables and intricate statutes. Without a valid permit or registration, you may inadvertently be committing a criminal offense just by possessing firearms. Furthermore, if you have a previous conviction for weapons crimes, you might be entirely ineligible to legally own a gun in the state.
Convictions for gun or weapon crimes in New Jersey carry severe implications. These include not only substantial prison time and hefty fines, but also a permanent criminal record that can significantly affect all aspects of your life in the future.
If you find yourself facing a weapons charge in New Jersey, it’s imperative to have a skilled attorney to ensure the best possible outcome for your case. Swiftly securing the services of an experienced gun law attorney is crucial for establishing the most robust possible defense.
At Lustberg Law Offices, our weapons and gun crime attorneys offer customized legal strategies and dedicated assistance. We conduct an exhaustive investigation of the case facts, aiming to provide a comprehensive defense strategy. To discuss your case with an experienced New Jersey gun crimes lawyer, contact our law firm today.
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 within 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 or weapon 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 weapons and gun crimes attorneys can help you navigate the complexities of the justice system.
Call us today at (201) 880-5311 to schedule a free consultation.
|Eligibility Criteria and Restrictions for Purchasing Firearms in New Jersey||Details|
|Age Restrictions||Under 18: Ineligible for all firearms licenses.|
Under 21: Ineligible for handgun permits unless job-related.
|Domestic Violence Convictions||Convictions or restraining orders for domestic violence disqualify applicants.|
|Violent Crimes Convictions||Convictions for certain violent crimes or attempts disqualify individuals.|
|Mental Health Commitment||Commitment for mental health treatment, in NJ or elsewhere, leads to disqualification.|
|Drug Convictions||Convictions for illegal controlled substance use, except misdemeanors, disqualify applicants.|
|Terror Watch List||Inclusion on a terror watch list results in disqualification.|
|Permits Required||Handgun: Permit to purchase a handgun.|
Long guns: Firearms Purchaser Identification Card.
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.
If you or a loved one are facing a weapon or firearm crime in New Jersey, it is critical to understand what defense options you have available. Weapons charges defense lawyer Adam M. Lustberg and the experienced criminal defense attorneys at Lustberg Law Offices offer a free consultation to discuss your charges and options under the law.
New Jersey categorizes weapon charges into specific classifications.
Depending on the circumstances and factors linked with the incident, you may be faced with one or more charges, as detailed below:
According to N.J.S.A. 2C:39-5, if you hold any unlicensed or unpermitted weapons or guns in New Jersey, you could be accused of unlawful possession of a weapon.
Even if your weapons or guns are permitted under New Jersey laws, you are still required to hold the appropriate license or permit. Failure to comply, depending on the type of weapon or gun, could be classified as a third-degree or fourth-degree crime.
N.J.S.A 2C:39-7 outlines particular individuals in New Jersey who are completely barred from legally possessing any weapons or firearms.
This group includes people who have prior convictions for crimes such as:
The charges and penalties can vary based on the reasons for the weapon prohibition, the type of weapon found, and the circumstances under which the weapon was possessed. Penalties under “Certain Persons Not to Have Weapons” can also be influenced by the person’s criminal history, which further emphasizes the importance of engaging a proficient New Jersey defense attorney. Our adept attorneys at Lustberg Law Offices, LLC. stand ready to assist. Contact us today for a consultation.
Under N.J.S.A. 2C:39-4, it is illegal to possess weapons with the intention of committing another crime, regardless of whether the crime was actually executed. The term “weapons” encompasses any item capable of inflicting death or severe bodily harm. Even everyday objects like baseball bats or hammers can be classified as weapons if intended to harm another person, commit a crime, or for other illicit purposes.
Penalties for “Possessing a Weapon for Unlawful Purposes” can range from a fourth-degree to a second-degree charge, depending on the type of weapon involved.
N.J.S.A. 2C:39-3 prohibits the possession of specific firearms and other weapons in New Jersey. Some weapons are outrightly banned due to their hazardous nature, with no permits available. These weapons are grouped according to their threat level, and possession of certain categories could impact the charges faced.
These prohibited weapons may include, but are not limited to:
However, exceptions exist for law enforcement officers, armed forces members, firearm dealers and manufacturers, or those with a specific lawful purpose.
Penalties for possession under the “Prohibited Weapons and Devices” law can range from a third-degree to a fourth-degree indictable offense.
If you were in possession of a firearm while committing a crime, you may face a separate charge for this, regardless of whether the firearm was used or not.
Gun-related offenses in New Jersey are grave matters. Don’t confront them unaided. Reach out to top-rated New Jersey criminal defense attorney Adam M. Lustberg and the dedicated gun and weapons crimes defense attorneys at Lustberg Law Offices to explore how we can help defend you against these serious charges.
New Jersey Criminal Defense Attorney Adam M. Lustberg on Possession of Weapon for Unlawful Purposes
Under the New Jersey criminal statute, it is unlawful for anyone to possess a gun or any weapon with the intent of engaging in criminal activity. Depending on the type of weapon involved, this charge can range between a second-degree and fourth-degree crime.
It is crucial to note that it is unlawful to possess any weapon intending to use it in the commission of a crime, regardless of whether the weapon was actually used.
Being convicted of a firearm or weapon crime in New Jersey carries severe penalties. The repercussions of a weapons charge conviction may vary, depending on the weapon, the crime, and other circumstances surrounding the incident.
In New Jersey, firearm offenses are categorized into four degrees:
Furthermore, under New Jersey’s “Graves Act,” nearly all firearm convictions carry mandatory state prison sentences with obligatory periods of parole ineligibility. Unless your attorney can secure a “waiver” of these mandatory minimum terms, the judge might impose a state prison sentence with a mandatory period of parole ineligibility. Attorney Adam M. Lustberg has successfully secured such waivers in numerous cases, facilitating parole eligibility for his clients.
If you are facing charges related to weapons or gun crimes, it is vital to engage an experienced defense attorney promptly. At Lustberg Law Offices, defense attorney Adam M. Lustberg and our team of gun crimes attorneys zealously advocate for you, striving to prevent conviction or minimize its impact. Considering that New Jersey treats firearm and weapons crimes with utmost seriousness, a robust legal defense is essential if you have been charged with a gun or weapon crime.
Reach out to us today at (201) 880-5311 to schedule a complimentary initial consultation.
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, applicable in New Jersey, outlines the sentencing guidelines for convictions related to specific gun crimes and weapons charges. It imposes mandatory minimum prison terms and determines parole eligibility for individuals convicted of committing a crime while possessing a firearm or found guilty of unlawful firearm possession.
Convictions for the following crimes fall under the jurisdiction of the Graves Act:
It is essential to note that there may be avenues to avoid a mandatory minimum sentence, such as obtaining a “Graves Waiver” or, in certain circumstances, through pre-trial intervention or probation. However, these remedies can be intricate and challenging to secure. The proficient criminal defense attorneys at Lustberg Law Offices are equipped to explore all potential defensive strategies, including those related to Graves Act offenses.
If you are facing charges that fall under the Graves Act, it is critical not to leave your defense to chance, particularly when your liberty is at stake. Contact us today to schedule a consultation, and let our experienced legal team guide you through this challenging time.
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 and poses a risk of injury.
Under the Red Flag Law, the court can issue a temporary order for gun owners to surrender their firearms and their ammunition if:
In this matter, the court may impose the confiscation if it deems that the risk of the firearms owner inflicting injuries on others is enough to warrant the deprivation of that individual’s right to own firearms.
If you have had a gun confiscated under New Jersey’s Red Flag law, an experienced New Jersey gun charges attorney can advocate for your rights to have the emergency order lifted. Contact our qualified New Jersey criminal defense professionals at Lustberg Law Offices to understand how we may be able to help.
If you are convicted of a gun or weapons crime in New Jersey, you may 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 or weapon crimes conviction can 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 defense attorney to understand your rights and your options under the law. Experienced New Jersey gun charges defense lawyer Adam M. Lustberg and our team of skilled criminal defense attorneys at Lustberg Law Offices offer a free consultation to discuss your case and answer any of your questions.
Call our law firm today at (201) 880-5311 to schedule yours.
New Jersey gun laws require that a person should be registered to be able to legally carry guns or a weapon. 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 involves appearing at the court to fill out and file the application. People will be required to show that they know how to safely handle guns and have a justifiable need to possess a firearm in public.
Establishing this need in court can be challenging. A New Jersey gun charges defense attorney can provide invaluable aid to anyone who has previously applied for a firearm purchaser ID and been denied or someone intending to apply for a handgun carry permit.
Attorney Adam M. Lustberg, a seasoned NJ gun crimes defense lawyer, can offer legal advice and support whether you are planning to apply for a firearm purchaser ID or facing serious gun or weapons crime charges. Leveraging our years of experience, we can help you explore your options toward an effective legal defense, aiming for the most favorable outcome.
Our team of criminal defense attorneys is ready to assist you. We’re dedicated to providing you with the best possible defense and ensuring your rights are protected. Contact Lustberg Law Offices, LLC today to schedule a complimentary initial consultation. Let us guide you through the complexities of New Jersey gun laws and the legal process.
Facing a gun crime charge in New Jersey can be overwhelming, given the complexity of the laws and the severity of the potential penalties. However, with the right defense strategy and a skilled lawyer, it’s possible to challenge these charges effectively.
There exist several potential legal defense strategies that your New Jersey criminal defense attorney might employ to demonstrate your innocence or reduce the severity of the weapons or gun charges or related crimes you are confronting.
The following defense strategies could be employed to increase the chances of your charges being reduced or altogether dismissed:
Defendants are mandated to be informed of their Miranda rights during an arrest. In certain situations, a warrant may also be necessary. If the arresting party failed to comply with the correct procedures as prescribed by New Jersey law, the arrest might be deemed illegal.
According to the Fourth Amendment, law enforcement must obtain a search warrant before conducting a search on private property, including a vehicle. If a search warrant was not present during the search, it could potentially violate the defendant’s rights under the law.
If you can provide an alibi or if the evidence suggests that you could not have committed the charges brought against you, mistaken identity can be invoked as an affirmative defense in your case.
New Jersey law provides certain exemptions for the possession of a firearm. For instance, it is not illegal to possess a firearm in your home without a permit. For additional information about other exemptions under the law, consult a proficient gun charges attorney.
This defense may be applicable if the context in which the weapon was found in your possession is not illegal. For example, possessing a knife in a kitchen with the intention of using it solely for food preparation.
Evidence plays a critical role in defending against gun crime charges. This can range from surveillance footage and witness testimonies to police reports and forensic evidence. A skilled lawyer will scrutinize the evidence presented by the prosecution for any inconsistencies or procedural errors. There may also be opportunities to present alternative evidence that challenges the prosecution’s narrative or supports the defense’s case.
In some cases, the best course of action may be to negotiate a plea bargain or settlement with the prosecution. This usually involves the defendant agreeing to plead guilty to a lesser charge in exchange for a reduced sentence. It’s important to understand that plea bargaining can be a complex process, and the decision to accept a plea deal should be made with the advice of an experienced lawyer who understands the potential consequences and benefits.
Engaging an experienced NJ criminal defense attorney, equipped with the legal knowledge and experience required to craft a tailored legal defense strategy, is crucial. Having a competent attorney to advocate for your rights and safeguard your freedom can aid in mitigating the extensive consequences of a conviction on illegal weapon possession or other gun and weapons crimes.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
At Lustberg Law Offices, top-rated gun crimes and weapons charges attorney Adam M. Lustberg, along with our team of skilled attorneys, have been dedicated to defending individuals charged with serious gun and weapons crimes in New Jersey for over seventeen years. We offer aggressive legal defense and work closely with prosecutors and courts to mitigate the impact of such charges on your life.
With our proficient team of New Jersey lawyers on your side, you can confront your charges armed with the assurance of the best possible legal defense. We are dedicated to protecting your rights and advocating for your best interests, providing you with the confidence and support necessary to navigate this challenging time.
To discover how a skilled New Jersey gun crime lawyer from Lustberg Law Offices, LLC can assist you, contact us today at (201) 880-5311 to schedule a complimentary initial consultation.
We’re ready to help guide you through the complexities of your gun offense charges, dedicated to securing the best possible outcome for you.