New Jersey gun crime defense lawyer Adam M. Lustberg (https://www.lustberglaw.com/blog/who-is-prohibited-from-buying-a-weapon-in-new-jersey/) provides vital insight into the legal barriers to firearm ownership in his latest article, “Who is Prohibited from Buying a Weapon in New Jersey?” The article, published by Lustberg Law Offices, LLC, outlines the stringent legal framework that governs firearm eligibility across the state. With gun laws in New Jersey continuing to evolve, Adam M. Lustberg offers a detailed explanation of who cannot legally acquire weapons under both state and federal regulations.
In the article, the New Jersey gun crime defense lawyer highlights the foundational age limits set by state law. Anyone under 18 is barred from applying for any firearm license, and for handguns, the age threshold increases to 21 unless the weapon is needed for employment purposes. He also references the federal standards overseen by the Bureau of Alcohol, Tobacco, Firearms and Explosives, which create a national baseline, while emphasizing that New Jersey's legal standards are often far stricter.
The article by the New Jersey gun crime defense lawyer points to N.J.S. § 2C:58-3, which outlines several conditions that disqualify individuals from obtaining firearm permits. These include prior convictions for crimes or disorderly persons offenses, domestic violence charges, and even mental health or addiction issues. As Adam M. Lustberg explains, “New Jersey law doesn’t classify crimes as felonies. Felonies are generally any offense that can result in a one-year sentence or longer. It doesn’t matter if you have been sentenced to a one-year or longer sentence. What matters is that you are eligible for this sentence”.
Lustberg’s article delves into other circumstances that prohibit weapon ownership, including confinement for mental disorders, substance abuse, and existing restraining orders. He also describes how New Jersey's firearm purchase system operates, requiring applicants to go through the Firearms Applicant Registration System and to submit detailed documentation, including fingerprint records and character references.
Further, Adam M. Lustberg discusses how the New Jersey Red Flag Law, known as the Extreme Risk Protective Order Act of 2018, expands firearm restrictions. Courts can issue temporary or permanent orders to remove firearms from individuals who may pose a danger to themselves or others, even if they haven’t been previously convicted of a disqualifying offense. This law enables family members, household members, or law enforcement officers to act preemptively by filing a petition supported by evidence, prompting a court review that can lead to the seizure of firearms.
The article also explains the possibility of restoring gun rights after disqualification. Under certain conditions, individuals may petition the Superior Court to regain their rights, especially if they can demonstrate rehabilitation or improved mental health status.
New Jersey’s firearm laws do not just parallel federal guidelines—they extend them. Adam M. Lustberg emphasizes how state law includes additional layers of restrictions, especially concerning individuals with histories involving drugs, domestic violence, or mental health commitments. The laws even address specific weapons and ammunition types, underscoring the state’s commitment to reducing gun violence through legal deterrents.
Mandatory sentencing statutes like the Graves Act further complicate firearm-related charges. The law mandates minimum prison terms without parole for offenses such as unlawful possession of a handgun. Adam M. Lustberg explains that even a first-time offender may be subject to up to three years without parole, with second offenses carrying harsher penalties. Other weapons, including machine guns and certain knives, also fall under these strict legal provisions.
The article concludes with a reminder that carrying a handgun without a valid permit constitutes a second-degree crime in New Jersey, potentially resulting in a decade-long prison sentence. More minor offenses, such as the illegal possession of stun guns or brass knuckles, can also result in serious legal consequences depending on intent and context.
Adam M. Lustberg and the team at Lustberg Law Offices, LLC, continue to represent individuals across New Jersey facing firearm-related legal challenges. Their legal defense aims to minimize the impact of charges on the lives of their clients while upholding the stringent standards of New Jersey law.
For individuals concerned about firearm eligibility or facing weapon possession charges, understanding state-specific rules is key. Consulting with a qualified attorney is a necessary step for those navigating New Jersey’s legal system surrounding gun laws.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey-based criminal defense firm led by attorney Adam M. Lustberg. The firm handles a wide range of criminal matters, including gun and weapons charges. Through dedicated legal representation and an in-depth knowledge of state laws, the firm serves clients facing serious allegations and strives to protect their legal rights under New Jersey’s judicial system.
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