What is NJ 2C:39-3 Prohibited Weapons and Devices? - Adam M. Lustberg

From Lustberg Law Offices, LLC - What is NJ 2C:39-3 Prohibited Weapons and Devices? explains the New Jersey statute N.J.S.A. 2C:39-3 and what it means for individuals facing weapons charges. This episode breaks down how New Jersey law defines prohibited weapons and devices, including destructive devices, sawed-off shotguns, silencers, defaced firearms, hollow-point ammunition, large capacity magazines, and ghost guns. Listeners will gain a clear understanding of how these laws apply and why the penalties can be severe under the state’s criminal code.

The discussion highlights the difference between third-degree and fourth-degree weapons offenses under N.J.S.A. 2C:39-3. The episode explains how destructive devices, bump stocks, trigger cranks, covert firearms, and unserialized firearms can lead to serious charges carrying years in New Jersey State Prison and significant fines. It also covers other prohibited items such as switchblades, gravity knives, brass knuckles, ballistic knives, and armor-piercing ammunition, while outlining the sentencing structure that prosecutors pursue in Bergen County Superior Court.

Listeners will also hear about how the Graves Act, N.J.S.A. 2C:43-6, impacts weapons prosecutions in New Jersey. The episode explores how mandatory minimum sentences and parole ineligibility can affect defendants charged in places like Hackensack, Fort Lee, and across Bergen County. It also discusses key exemptions in the law for law enforcement, the Armed Forces, the National Guard, licensed collectors holding a Collector of Curios and Relics License from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and certain security professionals.

Finally, the episode looks at how criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC approaches defending clients accused of weapons offenses. Drawing on experience from the Essex County Public Defender's Office, Seton Hall University School of Law, and recognition from organizations such as the American Bar Association, New Jersey State Bar Association, Bergen County Bar Association, Hudson County Bar Association, and Association of Criminal Defense Lawyers of New Jersey, the conversation examines strategies used to challenge evidence, pursue Pre-Trial Intervention, seek Graves waivers, and defend cases in Bergen County Superior Court.

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