NJ 2C:43-6(c) Graves Act Explained - Adam M. Lustberg
Note sull'episodio
From Lustberg Law Offices, LLC - NJ 2C:43-6(c) Graves Act Explained explores how New Jersey’s Graves Act under N.J.S.A. 2C:43-6(c) affects people facing firearm charges, including unlawful handgun possession, possession of a firearm for an unlawful purpose, possession of an assault firearm, possession of a machine gun without a license, and certain robbery, burglary, aggravated assault, controlled-substance, and bias intimidation offenses. The episode explains why the law can require mandatory prison time with no parole eligibility, often 42 months or one-half of the sentence imposed, whichever is greater.
Listeners will hear how Adam M. Lustberg of Lustberg Law Offices, LLC approaches Graves Act cases in Bergen County, Hackensack, and across New Jersey, including waiver applications under N.J.S.A. 2C:43-6.2, Fourth Amendment suppression motions, plea negotiations, indictment strategy, and challenges to whether the accused knowingly possessed a firearm. The discussion also covers how prosecutors influence waiver decisions and how courts review denials under State v. Taylor.
This episode also breaks down key issues for out-of-state gun owners, including why New Jersey does not honor out-of-state carry permits and how the federal Firearm Owners Protection Act, 18 U.S.C. § 926A, may offer limited protection only when strict transport requirements are met. It also explains the legal significance of N.J.S.A. 2C:39-5(b), N.J.S.A. 2C:39-5(c), N.J.S.A. 2C:39-5(a), N.J.S.A. 2C:39-5(f), and N.J.S.A. 2C:39-4(a).
The podcast closes by outlining what happens after a Graves Act arrest in New Jersey, from complaint warrants and pretrial release decisions to grand jury indictment, Superior Court arraignment, discovery, pre-trial motions, waiver requests, plea negotiations, and trial. For anyone facing a Graves Act charge in Bergen County Superior Court or elsewhere in New Jersey, the episode highlights why early legal action can shape the outcome. Call Lustberg Law Offices, LLC at (201) 880-5311 for help with Graves Act defense.
Lustberg Law Offices, LLC
1 University Plaza Dr #212, Hackensack, NJ 07601
(201) 880-5311