Transporting Firearms Through NJ: FOPA and Your Rights - Adam M. Lustberg
Note sull'episodio
From Lustberg Law Offices, LLC - Transporting Firearms Through NJ: FOPA and Your Rights explores how the Firearm Owners Protection Act can protect interstate travelers who pass through New Jersey with legally owned firearms, while also explaining why strict compliance with 18 U.S.C. § 926A is essential. This episode discusses the federal safe passage provision, the requirement that firearms be legal at both the point of origin and destination, and the storage rules that require firearms and ammunition to be unloaded, inaccessible, and, in many vehicles, secured in a locked container.
The discussion highlights the serious risks created by New Jersey firearm laws, including N.J.S.A. 2C:39-5, the state’s refusal to recognize out-of-state carry permits from places such as Pennsylvania, Florida, and Texas, and the penalties tied to handgun, rifle, shotgun, and large-capacity magazine charges. Listeners will learn how the Graves Act, N.J.S.A. 2C:43-6(c), can impose mandatory parole-ineligibility terms, why a Firearms Purchaser Identification Card matters for rifles and shotguns, and how post-Bruen carry permit changes did not eliminate New Jersey’s licensing requirements.
The episode also covers how New Jersey courts treat FOPA defenses, why safe passage protection is not automatic, and how evidence such as GPS data, toll records, fuel receipts, travel documentation, and firearm storage photos may support a defense. It explains the importance of a continuous journey, the risks of overnight hotel stays, guidance involving brief stops for fuel, food, restrooms, and emergencies, and how cases may proceed through Superior Court, detention hearings, Graves Act waiver requests, or Pretrial Intervention.
Attorney Adam M. Lustberg of Lustberg Law Offices, LLC brings experience from the Essex County Public Defender’s Office, Seton Hall University School of Law, Seton Hall’s Juvenile Justice Clinic, and criminal defense work across Bergen County, Hudson County, Passaic County, Hackensack, and northern New Jersey. The episode also notes his recognition from Avvo, SuperLawyers Rising Stars, Bergen’s Best Lawyers by (201) Magazine, The National Trial Lawyers Top 100 Trial Lawyers, and memberships in the Bergen County Bar Association, Hudson County Bar Association, New Jersey State Bar Association, and the Association of Criminal Defense Lawyers of New Jersey, while encouraging anyone facing a firearm arrest to contact Lustberg Law Offices, LLC at (201) 880-5311 for a free consultation.
Lustberg Law Offices, LLC
1 University Plaza Dr #212, Hackensack, NJ 07601
(201) 880-5311