What is the penalty for illegal gun possession in NJ?

It is illegal to possess a firearm in New Jersey with the intent or purpose of using it against another person or property. This is a second-degree offense and can lead to 5-10 years imprisonment.

Can you get PTI for a gun charge in NJ?

Pre-Trial Intervention is usually only available for third-degree or lower crimes. However, with the right help, you might be able to enroll in the PTI Program if you are charged with illegal handgun ownership or another gun offense.

How much is a gun charge in NJ?

Charges and penalties for basic weapons offenses include 5 to 10 years in prison and a fine of up to $150,000 for a second-degree offense and 3 to 5 years in prison and a fine of up to $15,000 for a third-degree offense.

Is possession of a weapon a felony in NJ?

All weapons-related offenses are indictable and considered felonies. This applies to those who are found with a weapon in circumstances where it is not appropriate.

Can you keep a loaded gun in your house in NJ?

Yes. A person can carry and keep any legal firearm at his/her place of business, residence, premises, or on any other land he or she owns.

Can you gift a gun in NJ?

It is illegal to sell, give away, transfer, assign or dispose of a handgun, or to receive, purchase, or acquire one unless the purchaser or assignee, receiver, or holder has obtained a Permit To Purchase a Handgun or is licensed as a dealer under New Jersey law.

Why should I hire Lustberg Law Offices?

A criminal conviction can have devastating consequences. Not only can criminal charges affect your life, but also those of your family, friends, and partners. Adam M. Lustberg, an NJ criminal defense attorney at Lustberg Law Offices, LLC, understands the impact a criminal conviction can have on your relationships, career prospects, and earning potential. We are here to help. Mr. Lustberg, a New Jersey criminal lawyer of top quality, is known for aggressively representing his clients in courtrooms and has a track record of winning.

How much do I pay for a consultation?

Lustberg Law Offices, LLC offers a free consultation. If you have been served with criminal charges, getting the help of a skilled New Jersey criminal defense attorney is very important. We can help you navigate the complexities of the justice system.

Where is your office located?

Our New Jersey law office is located at One University Plaza Dr Suite 210, Hackensack, NJ 07601. If you'd like to visit us, feel free to do so. We are open 24 hours a day, 7 days a week.

How can I contact Lustberg Law Offices?

If you need the help of a New Jersey criminal defense attorney, you can call us at (201) 880-5311. You can also send us an email at adam@lustberglaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lustberglaw.com/contact-us/

Gun Possession Lawyer

Gun Possession Lawyer Adam M. Lustberg - Firearm Lawyers at the Lustberg Law Offices, LLC

While the Second Amendment of the United States Constitutional provides general protection for guns and weapons owners in the United States and establishes a baseline, gun laws regulating possession, ownership, and compliance are imposed by the states.

New Jersey has strict laws that regulate gun rights, who may own or possess weapons, what is required to own guns or possess weapons, what type of firearms are permitted, and under what activities and conditions they may be used. Failure to comply with these strict laws (including New Jersey’s Graves Act) can leave an individual with serious criminal charges and possible prison time. If you have been accused or charged with a gun-related crime in New Jersey, you may be facing serious penalties that can affect the rest of your life. You will need the skill of an experienced New Jersey gun possession lawyer on your side.

Facing criminal prosecution in New Jersey is daunting and you will be facing a prosecutor who is actively working to convict you. The quality of your defense will be critical to your future. Adam M. Lustberg, a top-rated criminal defense attorney, has dedicated his career to the aggressive defense of those charged with crimes in New Jersey, so as to help ensure the best possible outcome. Whether that outcome is a dismissal or a plea deal to reduced charges, we are committed to your best possible legal defense when you are facing serious criminal charges.

Contact us today at (201) 880-5311 to schedule a no-cost consultation with a gun possession defense lawyer. We are here to help – 24 hours a day, 7 days a week.

Schedule a Free Consultation

New Jersey Gun Lawyer Adam M. Lustberg Explains Specific Firearm Possession Offenses

Weapons or firearms offenses fall under specific categories. Depending on the circumstances of the crime, you may be charged with one or multiple charges.

Unlawful possession of weapons

You may be charged with the unlawful possession of a weapon if you have been found with a weapon and you do not possess a permit to carry that weapon.

Unlawful possession of an illegal weapon

You may be charged with the unlawful possession of an illegal weapon if you have been found possessing specific firearms or weapons that are unlawful to possess in New Jersey

Certain persons not to have weapons

You may be charged with certain persons not having a weapon if you are a person who is prohibited from owning or possessing a firearm or other weapon because of a previous conviction.

Possessing a weapon for unlawful purposes

You may be charged with possessing a weapon for an unlawful purpose if you are found possessing a firearm or other weapon and you intend to use it in an unlawful manner.

Possessing a firearm during the commission of a CDS crime

You may be charged with possessing a firearm during the commission of a crime if you were found possessing a firearm while committing a CDS crime.

Depending on the situation, you may be facing multiple charges. The State of New Jersey takes gun-related charges very seriously and you may be facing significant penalties. At Lustberg Law Offices, our experienced gun defense lawyers will aggressively defend you while maximizing your chances for a favorable outcome.

If you are facing charges of possession of a gun or weapon in New Jersey, you are in danger of losing your freedom. It is important to speak to an experienced defense attorney right away. A skilled defense attorney may be able to help you protect your rights and your freedom. Contact us today to schedule a free consultation with a criminal defense lawyer about your case.

Attorney Adam M. Lustberg Explains Under What Conditions Can You Possess a Gun in New Jersey

Anyone intending to legally purchase or possess a firearm in the state of New Jersey must first apply for a Firearms Purchaser Identification Card that allows them to purchase and obtain rifles and shotguns without a separate permit and to obtain a handgun with a purchase permit.

With a Firearms Purchaser Identification Card, or FPIC, you are entitled to possess a firearm at home or in a place of business that you own as well as transport a firearm from place to place provided it is locked in a container, bullets are removed from the magazine, and both are separated from the gun during transport. New Jersey requires an FPIC card and a carry permit for those who want to carry a handgun.

If you have been found possessing firearms and do not have the required FPIC or permit, you can be charged with unlawful possession of weapons. You will need the help of a skilled gun law attorney in your corner. At Lustberg Law Offices, we can help with your case.

To schedule a consultation with an experienced criminal defense attorney about your gun possession charges, contact Lustberg Law Offices at (201) 880-5311 today.

We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.

Who Cannot Get a Firearms Purchaser Identification Card or Permit?

Some individuals are prohibited from even seeking an FPIC or permit. Under NJ Rev Stat § 2C:58-3 (2019), no permits or FPICs will be issued to anyone who:

Has been previously convicted of a crime
Has been previously convicted of a domestic violence disorderly person offense
Is considered dependent on drugs
Is considered alcohol dependent
Is confined for a mental disorder
Has previously been confined for a mental disorder, alcohol abuse, or suffers from a physical disorder that may make it unsafe to handle a gun without proof that they no longer suffer from the disability or disease
Refuses to waive statutory or other rights of confidentiality relating to any institutional confinement
Falsified information on the application
Is under the age of 18 for an FPIC
Is under the age of 21 for a permit
Is under a restraining order prohibiting possession of a firearm

Has had a firearm seized in a domestic violence offense, and the firearm was not returned
Had been adjudicated as a juvenile, that, if they had been an adult, would be a criminal offense involving a weapon listed in NJ Rev Stat § 2C:43-7.2d
Has been named on the consolidated Terrorist Watchlist administered by the FBI
Is subject to any court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition concerning a judicial officer

Furthermore, no FPIC or permit will be issued to anyone if it is not in the interest of the public health, safety, or welfare of the community.

If you are found in possession of a handgun without an FPIC and carry permit, you may be charged with unlawful possession of a handgun, resulting in significant penalties including mandatory incarceration in New Jersey State Prison.

At Lustberg Law Offices, our team of skilled New Jersey gun possession attorneys can ensure that you get the best legal defense possible. To schedule a consultation with an experienced lawyer for criminal defense, call Lustberg Law Offices today.

Learn Also About

Possessing a Weapon for Unlawful Purposes

Anyone who possesses a firearm or other weapon with the intention of committing a crime can face charges that range in severity from a fourth-degree crime to a second-degree crime, depending on the weapon and whether or not the weapon was used.

Furthermore, it is unlawful to possess any weapon with the intent to use it while committing a crime.

New Jersey Gun Law Attorney Discusses Unlawful Possession of a Weapon

In New Jersey, weapons laws cover a broad range of weapons. NJ Rev Stat § 2C:39-5 governs the unlawful possession of a weapon, with various sections governing different types of firearms and weapons.

Section (a) governs the possession of machine guns or any weapon that is adaptable for use as a machine gun. This is a second-degree offense.
Section (b) governs the possession of handguns. Anyone who is in possession of a handgun without a permit can be convicted of possession. It is a third-degree offense if the gun is an air gun, spring gun, pistol, or another weapon where the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter with enough force to injure someone. All other possessions of handguns are second-degree crimes.
Section (c) governs the possession of rifles and shotguns without the proper FPIC card, which is a third-degree offense. In addition, anyone who has a loaded shotgun or rifle is guilty of a third-degree crime.
Section (d) governs other weapons “not manifestly appropriate for lawful uses.” This is a fourth-degree crime.
Section (e) governs any firearms or other weapons in educational institutions. Anyone found in possession of a firearm on the grounds of a school, college, university, or other educational institution without the authority to do so may be found guilty of a third-degree crime even if they have an FPIC or permit. This includes any weapons or components that can readily be assembled into any weapon not appropriate for lawful use. This is a fourth-degree offense. Section (e) further governs anyone in possession of imitation firearms found on the grounds of an educational institution or in a disorderly fashion on a school bus.
Section (f) governs the possession of an assault firearm unless it is appropriately licensed and registered. This is a second-degree offense.

Penalties for basic weapons possession convictions, not including any secondary charges, including

Second-degree offenses can be punished by 5 to 10 years in prison with fines up to $150,000
Third-degree offenses can be punished by 3 to 5 years in prison with fines up to $15,000
Fourth-degree offenses can be punished by up to 18 months in prison with fines up to $10,000

Being charged with a gun-related crime can be complicated and tough. It can also be very stressful. This is why it is important to seek the help of an experienced gun possession lawyer. A skilled lawyer will be able to help the defendant understand their rights and what steps they need to take next.

At Lustberg Law Offices, LLC, gun possession lawyer Adam M. Lustberg and his team of defense attorneys are ready to help.

To schedule a consultation, contact us at (201) 880-5311.

Gun or Weapon Possession as a Secondary Charge

In many cases, a gun possession charge in New Jersey will be secondary to another criminal charge, resulting in more serious penalties. If a weapon or firearm is used in the commission of another crime, prison time and fines will be more substantial.

Common Defenses Against Weapons Charges

The approach that defense attorneys take in cases involving weapons charges can differ based on specific circumstances. Due to the gravity of these charges, defense lawyers must explore all possible options to contest them.

One possible defense is to challenge the legality of the search and seizure that led to the discovery of the weapon. If the police found the weapon in a home or vehicle without a valid search warrant, the charges could be dismissed if the search is deemed to have violated the Fourth Amendment to the United States Constitution or the New Jersey Constitution.

Additionally, there are many exemptions to laws regulating firearms possession. For instance, a person may not require a permit to possess a firearm in their own home. The exemptions related to firearms charges can be intricate and necessitate a thorough examination of the particular facts of each case.

It is important to keep in mind that the burden of proving that the defendant violated the law lies with the prosecutors and they must do so beyond a reasonable doubt. To detect weaknesses in the prosecutor’s case, defense attorneys may dedicate many hours to studying police reports, body-worn camera footage, dashcam footage, and witness statements.

Lastly, the New Jersey Attorney General has provided guidelines to County Prosecutors concerning admission into the Pre-Trial Intervention Program for people accused of firearms offenses. For instance, individuals who are not residents of New Jersey but have a permit to carry a firearm in another state may qualify for a diversionary program, despite the permit being of limited use in New Jersey.

At Lustberg Law Offices, our team of firearm possession lawyers may be able to help you fight for your rights. The possession of any weapon in New Jersey without legal authorization is treated seriously. In order to safeguard your freedom, it is essential to have the representation of a competent attorney who can formulate a strong defense strategy for your case. To connect with a skilled criminal defense lawyer in New Jersey, reach out to our law firm today.

The Importance of Hiring an Attorney to Defend Your Gun Charges

The severity of the penalties associated with a conviction for a gun crime in New Jersey underscores the importance of retaining a skilled and experienced criminal defense attorney to represent you. Lustberg Law Offices has experience defending clients against serious criminal charges, including firearms and weapons offenses, and may be able to assist you in this regard.

One possible strategy employed by our attorneys is to argue that the prosecutor cannot establish your guilt beyond a reasonable doubt, thereby leading to the reduction or dismissal of gun charges. In cases where the evidence is particularly strong and the matter proceeds to trial, our attorneys have frequently succeeded in securing reduced charges and avoiding prison sentences for clients charged with gun offenses.

Who is Prohibited From Possessing a Gun in New Jersey?

In New Jersey, there are specific individuals who are prohibited from possessing a firearm or ammunition. These include:

Someone who has been convicted of certain crimes or attempts or conspires to commit those crimes;
Someone who has been committed to a hospital or institution for a mental health disorder;
Someone who has been convicted of the unlawful use, possession, or sale of a controlled substance;
Someone who has been convicted of a domestic violence offense;
Someone who is the subject of a domestic violence restraining order prohibiting possession of a firearm;
Someone who has been convicted of similar crimes in any other jurisdiction in the United States or another country;
Someone who is the subject of an order of protection concerning a judicial officer;

If you are a person who is prohibited from owning or possessing a firearm or other weapon and you have been found in possession of a gun, you may be charged as a certain persons not to have weapons offense.

When you are facing a gun possession charge, it is critical that you get the help of an experienced New Jersey criminal defense attorney as soon as possible. At Lustberg Law Offices, we vigorously defend your rights to help avoid conviction or minimize its consequences if at all possible.

Call us at (201) 880-5311 to schedule a consultation.

Schedule a Free Consultation

We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.

A Person’s Rights in a Gun Possession Arrest

When a suspect is taken into custody by the police, there are certain rights that they are entitled to, which must be respected. One of these rights is the Miranda warning, which is commonly referred to as the right to remain silent. The police must inform the suspect, in various possible wordings, that they have the right to remain silent, that anything they say can be used against them in court, and that they have the right to have an attorney present during any questioning.

If the Miranda warning is not given, the suspect’s attorney can request that any statements made be disregarded by the court. However, it is important for the suspect to assert their right to remain silent if questioned. If they choose to provide information voluntarily, it can be used against them in court. In most cases, the police need the suspect’s consent or a search warrant to conduct a search of their person, house, or vehicle.

There are exceptions to this requirement. For example, if the suspect is arrested, the police may search them for weapons or illegal or stolen items. In certain emergencies, the police may search a home without a warrant, and they may search a car if they have a reasonable belief that it contains evidence or stolen items. However, the police must adhere to strict rules in such cases, and any evidence obtained through breaking these rules may be excluded from court. It is not uncommon for the police to fall short of these high standards, and it is crucial to have a lawyer who will hold them accountable if they do so.

At Lustberg Law Offices, gun attorney Adam M. Lustberg and his team of weapon possession lawyers have years of experience in helping clients protect their rights.

To schedule a consultation, contact us today at (201) 880-5311.

Other Acts Concerning Gun Offenses in New Jersey

In addition to basic gun possession charges, New Jersey has implemented the Graves Act and the No Early Release Act that apply to convictions for firearms charges and crimes of violence involving firearms. Gun Law Attorney Adam M. Lustberg Explain The Graves Act.

The Graves Act requires minimum mandatory jail time and a limitation on parole for most gun offenses. The Graves Act applies to the following:

The No Early Release Act

The No Early Release Act, or NERA, requires that those who have been sentenced for certain violent crimes serve 85 percent of their term before they become eligible for parole. It further requires parole supervision for the first five years after release for any first-degree crimes and three years for any second-degree crimes. These will apply to any first or second-degree offenses, whether they involved the use of a weapon or not.

Client Reviews

"If I could give Lustberg law offices more than 5 stars I would. Adam M. Lustberg is by far the best criminal defense attorney I have ever met. He is the most knowledgeable, professional, and highly respected in the area. Mr. Lustberg will go above and beyond to make sure he gets you the best possible outcome for your situation. Adam M. Lustberg fought long and hard for my mother and instead of her serving what could’ve been a 5-10 year sentence in jail, she got the minimum sentence of 364 days which is now downgraded to 6 months. Thank you Lustberg law offices for all your hard work! Everyone makes mistakes and Lustberg law offices are on your side."

- Nina Suslovich -

"I couldn’t have asked for a better lawyer, and quite frankly I was actually very surprised he was able to handle my case in the way it was done. I highly recommend Adam to anyone who needs a gentleman in his profession."

- Kaitlin DeMarino -

"Luckily ive only had to use mr.lustbergs services once but i will forever say he is the best lawyer in the world! He’s always available to answer any questions i have and is always happy to help even months after having all my charges dismissed. I’d give more then 5 stars if i could."

- patty kim -

"I must say Out of all my experiences with Lawyers, doing business with Adam was the best. After first meeting Adam and informing him of my Situation, he reassured me that if there was a way out of it he would find a way. I was hesitant and decided to go to Trial. Adam handled my Trial as a true professional and Made sure every aspect was covered, and decided to go about my trial with the best angle Neccessary. I was acquitted on my Charge and 7 other charges were dismissed.. Best experience and feeling ever..THAnks For my Freedom ADAM!!!"

- JEREMIAH SCHNELL -

"I highly recommended Adam M. Lustberg! Adam is extremely knowledgeable and professional. He clearly knows everything there is to know about criminal law. He is a great communicator, and he gave my case his full attention. If you are searching for a criminal defense attorney, you can stop your search right here. Adam is the very best."

- Dan Winters -

"I have a long history with the Lustberg Law Firm. Adam is highly experienced, a great communicator who will not keep an eye on the time when you are talking to him. He actually listens to the client and goes out of his way to understand your particular goal. Adam always replied to my emails, texts and phone calls. A professional in every respect. I recommend the Lustberg Law firm without any reservations."

Client Reviews

Getting the Help of an Experienced New Jersey Gun Possession Lawyer

At Lustberg Law Offices, Adam M. Lustberg and his team of gun possession attorneys provide vigorous criminal defense for those who have been charged with gun possession in New Jersey. Gun possession charges are serious and can have a significant effect on your future. Let us help.

Call us at (201) 880-5311 or contact us online to schedule a free initial consultation to discuss your case.

Schedule a Free Consultation Now