HACKENSACK, NJ – Individuals facing a community gun charge in New Jersey confront one of the most serious firearms offenses under state law, with potential consequences that include mandatory prison time even for those who never handled the weapon. NJ gun crime lawyer Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/community-gun-charge-new-jersey/) is offering guidance on how community gun charges work, what prosecutors must prove, the penalties involved, and the defenses available to those accused.
According to Lustberg, a community gun charge arises under N.J.S.A. 2C:39-4(a)(2), which applies when a firearm is possessed, received, or transferred as a “community gun”, a weapon shared among an association of two or more people who engage in criminal activity or use it unlawfully. NJ gun crime lawyer Adam M. Lustberg notes that because the charge is tied to group activity, multiple individuals can face identical charges for the same firearm. “Many people are surprised to learn they can be charged even if they never pulled the trigger or were caught holding the weapon,” explains Lustberg.
NJ gun crime lawyer Adam M. Lustberg points out that most community gun prosecutions rely on the legal concept of constructive possession rather than physical control. To establish constructive possession, the State must prove beyond a reasonable doubt that the defendant knew the firearm was present, had the ability to exercise control over it, and intended to do so. New Jersey law does not treat mere proximity to a weapon as sufficient, requiring instead evidence tying the accused to knowing and intentional control.
A community gun charge under N.J.S.A. 2C:39-4(a)(2) is a second-degree crime, carrying an ordinary sentencing range of five to ten years in New Jersey State Prison. Lustberg explains that the statute requires a parole ineligibility period of one-half of the sentence imposed or three years, whichever is greater, and that New Jersey’s Graves Act may also apply, fixing a mandatory minimum between one-third and one-half of the sentence or 42 months. Fines can reach up to $150,000.
“Community gun cases should be treated as Graves Act cases unless there is a specific reason the Graves Act does not apply,” Lustberg emphasizes. A Graves Act waiver may be possible for some first-time offenders, but the prosecutor must move for it, and the assignment judge or designee decides whether to grant a reduced mandatory minimum or probation. For second-degree offenses, the court must still consider New Jersey’s presumption of incarceration.
Attorney Lustberg explains that because defendants are rarely caught holding the weapon, prosecutors build these cases through circumstantial evidence such as physical proximity, fingerprint and DNA analysis, surveillance footage, cell phone data, witness statements, and social media. “A strong defense targets each piece of evidence individually to weaken the overall narrative,” he notes. “No single item of circumstantial evidence is conclusive, and each element can be challenged for reliability, relevance, and admissibility.”
Lustberg observes that defending against a community gun charge typically means attacking one or more elements of constructive possession. One of the most effective defenses is a motion to suppress the firearm itself. Under the Fourth Amendment and Article I, Paragraph 7 of the New Jersey Constitution, law enforcement must have a valid legal basis to conduct a search. If police discovered the weapon through an unlawful traffic stop, an illegal warrantless search, or a search exceeding the scope of a warrant, the firearm may be excluded — and if the gun is suppressed, the prosecution typically has no case.
Other potential defenses include lack of knowledge that the weapon was present, the absence of ability or intent to control it, misidentification, and insufficient circumstantial evidence. Attorney Lustberg advises that dismissal or downgrade may be possible through suppression motions, Graves Act waiver applications under N.J.S.A. 2C:43-6.2, or plea negotiations to a lesser charge such as unlawful possession under N.J.S.A. 2C:39-5. Pre-Trial Intervention is difficult and often unrealistic in second-degree firearm cases, so eligibility should be reviewed on a case-by-case basis.
Lustberg Law Offices, LLC handles gun charges throughout Bergen County, Essex County, Hudson County, and Passaic County. Lustberg advises that the steps taken immediately after an arrest can significantly affect a case, including declining to answer questions without counsel, refusing to consent to searches, contacting a defense attorney promptly, and preserving any evidence that supports a defense. Under New Jersey’s criminal justice reform system, the court must generally make a pretrial release decision within 48 hours, making early intervention critical.
For those facing a community gun offense in New Jersey, contacting an experienced criminal defense attorney may help protect important deadlines, preserve negotiation options, and safeguard constitutional rights from the earliest stage of a case.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm focused exclusively on criminal defense, led by attorney Adam M. Lustberg. The firm represents individuals charged with firearms offenses and other serious crimes throughout Bergen, Essex, Hudson, and Passaic Counties, handling cases from initial consultation through trial. The office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601. For consultations, call (201) 880-5311.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=-Z3xcJweAmA
GMB: https://www.google.com/maps?cid=17248268094099978177
Email and website
Email: alustberg@lustberglaw.com
Website: https://www.lustberglaw.com/
Media Contact
Company Name: Lustberg Law Offices, LLC
Contact Person: Adam M. Lustberg
Email: Send Email
Phone: (201) 880-5311
Address:1 University Plaza Dr #212
City: Hackensack
State: New Jersey 07601
Country: United States
Website: https://www.lustberglaw.com/