What Is a Community Gun Charge in NJ? - Adam M. Lustberg
Episode notes
From Lustberg Law Offices, LLC - What Is a Community Gun Charge in NJ? explains how New Jersey treats community gun allegations under N.J.S.A. 2C:39-4(a)(2) and why these cases can carry severe consequences even when someone never fired or physically held the weapon. The episode explores how prosecutors may rely on constructive possession, requiring proof that a defendant knew a firearm was present and had both the ability and intent to control it.
Listeners will hear how community gun charges are prosecuted across New Jersey, including cases involving shared vehicles, apartments, closets, common areas, and group activity. The discussion covers the difference between actual possession and constructive possession, the role of circumstantial evidence such as fingerprints, DNA analysis, surveillance footage, cell phone data, witness statements, social media evidence, and prior association, as well as the prosecution’s burden to prove knowledge, control, and intent beyond a reasonable doubt.
The episode also breaks down the penalties tied to a second-degree indictable firearm offense, including 5 to 10 years in New Jersey State Prison, fines of up to $150,000, mandatory parole ineligibility, and the impact of the Graves Act under N.J.S.A. 2C:43-6(c). It discusses possible defense strategies such as suppression motions under the Fourth Amendment and Article I, Paragraph 7 of the New Jersey Constitution, Graves Act waiver applications under N.J.S.A. 2C:43-6.2, plea negotiations, and the challenges of Pre-Trial Intervention in second-degree firearm cases.
Featuring Adam M. Lustberg of Lustberg Law Offices, LLC, this episode highlights legal issues affecting individuals in Hackensack, Bergen County, Essex County, Hudson County, and Passaic County. It also covers what to do after an arrest, including remaining silent, refusing consent to searches, preserving evidence, and contacting a defense attorney quickly because detention hearings and pretrial release decisions can move fast under New Jersey’s criminal justice reform system. For help with a community gun charge, Lustberg Law Offices, LLC can be reached at (201) 880-5311 or at 1 University Plaza Dr #212, Hackensack, NJ 07601.
Lustberg Law Offices, LLC
1 University Plaza Dr #212, Hackensack, NJ 07601
(201) 880-5311