Who is Prohibited from Buying a Weapon in New Jersey? - Adam M. Lustberg

From Lustberg Law Offices, LLC - Who is Prohibited from Buying a Weapon in New Jersey? explains who is legally barred from purchasing or possessing firearms in New Jersey, and what happens when permits are denied or charges follow. In this episode-style overview, we walk through the state’s core disqualifiers—age limits (18 for an FPIC and 21 for a Permit to Purchase a Handgun), criminal convictions, disorderly persons offenses tied to domestic violence, restraining orders, mental health commitment history, and disqualifying physical conditions or substance use disorder—plus how medical proof can sometimes restore eligibility.

You’ll hear how New Jersey’s permit framework works in practice, including the Firearms Purchaser Identification Card (FPIC) for rifles and shotguns and a separate Permit to Purchase a Handgun for each handgun. The discussion covers the Firearms Applicant Registration System (FARS), local police or the Superintendent of the New Jersey State Police review process, fingerprinting through IdentoGO, references, and mental health record consent—along with why “30-day” processing talk isn’t the same as automatic approval.

The episode also explains the difference between standard statutory disqualifications and court-ordered firearm restrictions under New Jersey’s Extreme Risk Protective Order Act (ERPO)—the “Red Flag” law—including how family/household members or law enforcement can petition the Superior Court of New Jersey, what an ex parte hearing means, and how temporary orders can become final after a follow-up hearing (often within ten days). We connect the dots to key statutes like N.J.S.A. 2C:58-3 (permit eligibility) and N.J.S.A. 2C:39-7 (“certain persons” restrictions that can bar possession of firearms or even ammunition), including how attempts or conspiracies and drug-related offenses involving controlled dangerous substances can trigger sweeping prohibitions.

Finally, Adam M. Lustberg of Lustberg Law Offices, LLC—a New Jersey criminal defense lawyer serving Hackensack, Bergen County, and statewide—shares the stakes in weapons cases, from unlawful possession and weapons offenses to permit denials and allegations tied to the Graves Act. The conversation touches on his background (Seton Hall University School of Law, Essex County Public Defender’s Office, Seton Hall’s Pro Bono Program, the Juvenile Justice Clinic), professional credentials (certified by the New Jersey Supreme Court as a Criminal Trial Attorney), and involvement with groups like the American Bar Association, New Jersey State Bar Association, Bergen County Bar Association, Hudson County Bar Association, and the Association of Criminal Defense Lawyers of New Jersey—plus how state rules compare with federal prohibitions enforced under federal law and summarized by the ATF.

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