HACKENSACK, NJ – Individuals facing firearm regulatory charges in New Jersey may be unaware of the serious criminal penalties that accompany violations involving false statements on applications, unlawful transfers, and dealer compliance failures. New Jersey gun crime attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/nj-2c_39-10-violation-of-the-regulatory-provisions-relating-to-firearms/) explains the key provisions, penalties, and available defenses under N.J.S.A. 2C:39-10 for those facing investigation or arrest.
According to New Jersey gun crime attorney Adam M. Lustberg, N.J.S.A. 2C:39-10 targets misconduct in firearm documentation, ownership eligibility, and lawful transfers rather than the unlawful use of a weapon. The statute encompasses conduct ranging from disorderly persons offenses to second-degree crimes, and several subsections carry mandatory minimum terms of incarceration under New Jersey’s Graves Act. “Many people don’t realize that providing false information on a firearm application, even if they consider it a minor omission, can result in a third-degree criminal charge,” Lustberg explains.
New Jersey gun crime attorney Adam M. Lustberg notes that the most serious offense under the statute is transferring a firearm to an individual under 18, which constitutes a second-degree crime carrying five to ten years in prison and a mandatory minimum period of parole ineligibility under the Graves Act. Transferring a handgun to someone under 21 is a third-degree crime carrying up to five years in prison, while providing false registration information for an assault firearm is a fourth-degree offense.
Attorney Lustberg emphasizes that collateral consequences extend well beyond any sentence imposed by the court. A conviction for an indictable offense under 2C:39-10 generally disqualifies an individual from obtaining a firearms purchaser identification card, a handgun purchase permit, or a carry permit in New Jersey. Under federal law, a conviction for a crime punishable by more than one year of imprisonment also creates a separate firearms disability under 18 U.S.C. § 922(g)(1). “The firearm restrictions that follow a conviction are often permanent and can outlast the criminal penalties by decades,” Lustberg notes.
Lustberg advises that several legal defenses may apply depending on the facts. Because most charges under 2C:39-10 require proof that a defendant acted “knowingly,” an honest mistake, such as forgetting an old out-of-state charge or misreading an application question, may negate criminal intent entirely. Statutory exceptions also play a significant role; for example, a minor who handles a firearm during supervised hunting or target shooting under N.J.S.A. 2C:58-6.1 may fall within a legally recognized exemption, and a handgun transfer to an individual under 21 who is authorized to possess the weapon for official duties under N.J.S.A. 2C:39-6 may not constitute a criminal offense.
The firm represents clients facing firearms charges throughout Bergen County, Northern New Jersey, and the surrounding area, including matters arising in county superior courts as well as municipal courts across the region. Lustberg Law Offices, LLC handles cases at all stages, from arraignment through trial.
“Pre-Trial Intervention is a meaningful option for eligible first-time offenders, particularly those charged under subsection (c) for false application statements,” advises Lustberg. “Successful completion of the program can result in a full dismissal of the charges and no criminal conviction on the record.” PTI is available under N.J.S.A. 2C:43-12 and may be particularly appropriate when the offense did not involve violence, and the defendant has no prior criminal history.
For individuals facing charges under N.J.S.A. 2C:39-10, acting promptly is essential given the significant prison exposure and lasting collateral consequences a conviction can bring. Contacting an experienced gun crime attorney may help protect firearm rights, identify applicable defenses, and explore alternatives to prosecution before the case advances.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm focused exclusively on representing individuals under investigation or charged with crimes throughout New Jersey. Led by attorney Adam M. Lustberg, a Supreme Court of New Jersey-certified criminal trial attorney, the firm handles serious felony charges, including firearms offenses, aggravated assault, and related matters across Bergen County and Northern New Jersey. For consultations, call (201) 880-5311.
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