HACKENSACK, NJ - New Jersey law imposes strict criminal penalties on individuals found in possession of certain weapons and devices, including destructive devices, sawed-off shotguns, silencers, and hollow-point ammunition. Bergen County gun crime attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-is-nj-2c-39_3-prohibited-weapons-and-devices/) explains the prohibited items under N.J.S.A. 2C:39-3, the penalties for violations, and the legal defenses available to those facing these charges.
According to Bergen County gun crime attorney Adam M. Lustberg, N.J.S.A. 2C:39-3 categorizes prohibited weapons into third-degree and fourth-degree offenses based on their potential danger to public safety. Third-degree crimes include destructive devices, sawed-off shotguns, bump stocks, and unserialized firearms, carrying prison sentences of three to five years and fines up to $15,000. "Destructive devices and sawed-off shotguns are treated as the most serious prohibited weapons under this statute," explains Lustberg.
Bergen County gun crime attorney Adam M. Lustberg emphasizes that fourth-degree violations encompass silencers, defaced firearms, certain knives, including switchblades and gravity knives, hollow-point ammunition, stun guns, and large capacity ammunition magazines. These offenses carry up to 18 months in prison and fines of up to $10,000. The statute requires that individuals possess items such as switchblades or brass knuckles "without any explainable lawful purpose" to be convicted.
Attorney Lustberg notes that the Graves Act significantly impacts sentencing in weapons cases by imposing mandatory minimum prison terms for certain firearm offenses. Under N.J.S.A. 2C:43-6, convicted individuals must serve at least one-third to one-half of their sentence before becoming eligible for parole, and judges have limited discretion to waive this requirement. "The Graves Act eliminates judicial discretion in most gun cases," Lustberg adds. "Even first-time offenders face years in prison before parole eligibility without a Graves waiver from the prosecutor."
The firm handles cases throughout Bergen County Superior Court in Hackensack and courts across New Jersey. Lustberg observes that the statute includes several exceptions for individuals whose jobs or circumstances justify possessing otherwise prohibited weapons, including law enforcement officers, military personnel, licensed collectors of firearms, and certain professionals. Civilians may keep hollow-point ammunition at their dwelling or other land they own, and licensed collectors may possess armor-piercing ammunition if they hold a valid Collector of Curios and Relics License from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
"To convict under N.J.S.A. 2C:39-3, prosecutors must prove three elements beyond a reasonable doubt," Lustberg points out. The prosecution must establish that the item is a prohibited weapon or device, that the defendant possessed it either actually or constructively, and that the defendant acted knowingly. For weapons requiring "any explainable lawful purpose," prosecutors must prove the individual lacked any legitimate reason for possession.
Lustberg advises that experienced defense attorneys can challenge these charges through multiple strategies, including filing motions to suppress evidence obtained through unlawful searches and seizures, challenging constructive possession claims, proving lack of knowledge, establishing statutory exemptions, and negotiating alternatives like Pre-Trial Intervention or Graves Act waivers. "Defenses to 2C:39-3 charges include challenging the legality of the search, disputing possession, and proving lack of knowledge," he states. "An experienced attorney can identify which defenses apply to your case."
A conviction under this statute creates a permanent criminal record with consequences extending far beyond prison time and fines, affecting employment opportunities, housing applications, firearm rights, immigration status for non-citizens, professional licenses, and education opportunities. For those facing charges under N.J.S.A. 2C:39-3, contacting an experienced gun crime attorney may help protect constitutional rights and minimize the long-term impact of these serious allegations.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated to criminal defense with a focus on weapons charges and gun crimes. Led by attorney Adam M. Lustberg, the firm represents clients throughout Bergen County and New Jersey at Bergen County Superior Court and other courts statewide. For consultations, call (201) 880-5311.
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