What Happens If You Get Caught With a Ghost Gun? - Adam M. Lustberg

From Lustberg Law Offices, LLC - What Happens If You Get Caught With a Ghost Gun? explores the serious legal consequences of possessing or manufacturing unserialized firearms under New Jersey law. The episode breaks down how N.J.S.A. 2C:39-3(n) and N.J.S.A. 2C:39-9 are applied, explaining why prosecutors in Hackensack and throughout Bergen County aggressively pursue these charges. Adam M. Lustberg provides insight into how ghost guns—often built from kits or using 3D printing technology—are treated differently from traditional firearms.

Listeners will gain a clear understanding of what qualifies as a ghost gun under New Jersey statutes and how these weapons differ from serialized firearms regulated by federally licensed manufacturers. The discussion highlights how individuals may unknowingly violate strict laws by assembling firearms from parts or downloading digital blueprints. The episode also explains the role of identification requirements like Firearms Purchaser Identification Cards and how ghost guns bypass these safeguards entirely.

The podcast dives into the penalties associated with ghost gun offenses, including the distinction between third-degree and second-degree crimes and how sentencing can range from 3 to 10 years in prison. It also examines how the Graves Act under N.J.S.A. 2C:43-6(c) may impact related charges, along with the influence of Senate Bill No. 2846 in strengthening penalties. Federal developments, including ATF regulations and a United States Supreme Court ruling, are discussed to show how national enforcement intersects with New Jersey law, especially with the rise of Polymer80 firearm kits.

Finally, Adam M. Lustberg shares how prior convictions under N.J.S.A. 2C:39-7 can significantly affect sentencing and outlines possible defense strategies, including challenging unlawful searches and disputing firearm classifications. Drawing on experience from Seton Hall University School of Law and work with the Essex County Public Defender's Office, he explains the long-term consequences of a conviction, from employment barriers to loss of civil rights. This episode offers valuable guidance for anyone facing charges in Bergen County, Hudson County, Passaic County, or anywhere in New Jersey.

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