Hackensack, NJ – New Jersey criminal defense lawyer Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/nj-2c_58-4_6-places-where-carrying-firearm-or-destructive-device-is-prohibited/) is raising awareness about the significant legal risks individuals face when carrying firearms in restricted areas, even with a valid permit. Under New Jersey statute N.J.S.A. 2C:58-4.6, certain locations are designated as “sensitive places” where carrying a handgun or destructive device is prohibited. The law applies to both residents and visitors, making it critical for anyone carrying a firearm in New Jersey to understand where they are legally allowed to go.
The New Jersey criminal defense lawyer explains that violations of this law can result in serious consequences, including felony charges. “Even if a person has a valid permit, the law treats entry into certain locations with a firearm as a third-degree crime,” said Adam M. Lustberg. “The result can be a prison sentence of three to five years, heavy fines, and a criminal record that affects everything from employment to future firearm rights.”
The statute is designed to minimize risk in environments where the presence of a firearm is considered especially dangerous. As a New Jersey criminal defense lawyer, Lustberg has seen how quickly a routine day can lead to legal trouble when someone unintentionally enters a restricted area. These sensitive places include schools, government buildings, mass transit hubs, entertainment venues, and hospitals, locations that are often part of everyday routines.
Adam M. Lustberg emphasizes that simply being near one of these sites can be enough to trigger an arrest if the firearm is not stored properly. “We’ve seen cases where someone parks near a courthouse or stadium and steps away from their vehicle for a few minutes; those few moments can lead to a third-degree charge if they’re still carrying,” he said.
N.J.S.A. 2C:58-4.6 outlines more than a dozen categories of restricted locations. Among the most commonly encountered are public and private schools, universities, licensed daycare centers, polling places, public parks, courthouses, and transit systems such as the NJ Transit Bergen County Line. Even large event venues like MetLife Stadium, the Meadowlands Racetrack, and the American Dream complex are off-limits for firearm carry, regardless of permit status.
New Jersey’s rules also extend to private property, but in a more limited way. A provision in the 2022 law attempted to ban firearms on all private property unless express consent was given. However, this part of the law was blocked by the U.S. Court of Appeals for the Third Circuit. As a result, private property open to the public is not automatically off-limits, but owners still have the right to post signs or give verbal notice prohibiting firearms. Refusal to comply can lead to trespassing charges under N.J.S.A. 2C:18-3.
According to Adam M. Lustberg, “The sensitive-place law isn’t just about where you go, it’s also about how the firearm is stored and handled. If you’re near one of these locations, you need to be aware of New Jersey’s strict vehicle-storage rules and avoid even brief entry into restricted zones.”
A violation of N.J.S.A. 2C:58-4.6 is typically charged as a third-degree indictable offense. This charge carries serious penalties, including up to five years in prison and fines of up to $15,000. The State only needs to prove two things: possession of the firearm and presence in a prohibited location. Prosecutors often rely on surveillance footage, officer testimony, and digital evidence to build their case.
Adam M. Lustberg has defended clients facing these exact scenarios and stresses the importance of legal guidance from the beginning. “Your words and actions during a stop are evidence,” Lustberg advises. “Staying calm, refusing consent to searches, and asking for an attorney can help protect your rights from the start.”
The law includes narrow exceptions, such as brief presence on public sidewalks adjacent to restricted areas and locked-vehicle storage when parking near a sensitive place. However, these exceptions are narrowly interpreted. “A small mistake, like walking too far from your car, can eliminate the protection these exceptions offer,” Lustberg warned.
For those charged, available legal strategies include motions to suppress evidence from unlawful stops or searches, applications for pretrial intervention (PTI) for first-time offenders, and requests for Graves Act waivers that can reduce mandatory prison terms. The Graves Act, which imposes mandatory minimums for firearm offenses, often shapes plea negotiations and trial outcomes in these cases.
New Jersey criminal defense lawyer Adam M. Lustberg urges permit holders to stay informed about their responsibilities under state law. His firm, Lustberg Law Offices, LLC, has handled numerous firearm-related cases in Bergen County and throughout the state. “Every case turns on the details, where the stop happened, how the gun was stored, whether consent was given,” Lustberg said. “We tailor our defense to those facts to protect the client’s future.”
Gun charges under N.J.S.A. 2C:58-4.6 are typically prosecuted in the Criminal Division at the Bergen County Justice Center in Hackensack or in municipal courts such as Paramus, Teaneck, and Fort Lee, depending on the location of the incident.
The legal process in New Jersey can be intimidating, but with clear guidance and a focused defense, many cases can be resolved favorably. Adam M. Lustberg encourages anyone facing firearm-related charges to seek legal advice immediately.
If someone has been charged under New Jersey’s sensitive-place firearm law, it’s important to act quickly. A single mistake can lead to long-term consequences, but legal defenses may be available depending on the facts.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey-based criminal defense firm led by attorney Adam M. Lustberg. The firm defends clients facing a wide range of charges, with a focus on protecting constitutional rights and achieving favorable case outcomes. The office represents clients in both state and municipal courts throughout New Jersey.
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