Latest / BSPE Legal Marketing Podcast / Firearm Possession in a Vehicle in New Jersey - Adam M. Lustberg

Transcript

Firearm Possession in a Vehicle in New Jersey - Adam M. Lustberg · BSPE Legal Marketing Podcast

• 0:00
  Firearm Possession in a Vehicle in New Jersey Finding a gun in your car does not automatically make you guilty of unlawful weapon possession under New Jersey law, and understanding why that distinction matters could change everything about your case.
• 0:13
  Narrator: Under N.J.S.A. 2C:39-5, prosecutors must prove beyond a reasonable doubt that you knowingly possessed or controlled the firearm recovered from the vehicle.
• 0:22
  Narrator: New Jersey law recognizes two forms of possession — actual possession, where the gun was physically on your body, and constructive possession, where the State argues you knew about the weapon and could exercise control over it.
• 0:34
  Narrator: Constructive possession cases often arise when a firearm is discovered in a glove box, under a seat, inside a center console, or in the trunk of a car you were riding in.
• 0:43
  Narrator: Because constructive possession relies on circumstantial evidence rather than direct physical contact, these charges are frequently more open to challenge than they first appear.
• 0:52
  Narrator: New Jersey courts weigh the totality of circumstances, including how close the gun was to your seat, whether it was visible, who owned the vehicle, and whether any statements or forensic evidence link you to the firearm.
• 1:04
  Narrator: N.J.S.A. 2C:39-2 creates a rebuttable presumption that a firearm found in a vehicle is possessed by all occupants, though this presumption does not apply when the gun is found on one specific person or, in some situations, in the trunk.
• 1:18
  Narrator: Police frequently arrest everyone in the car and allow prosecutors to sort out individual culpability later, which means passengers can face the same charges as the driver even when they had no knowledge of the weapon.
• 1:29
  Narrator: The penalties tied to these charges are severe — unlawful possession of a handgun without a permit to carry is a second-degree crime carrying five to ten years in prison and fines up to one hundred fifty thousand dollars.
• 1:41
  Narrator: Rifles and shotguns possessed without a Firearms Purchaser Identification Card carry third-degree exposure, while assault firearms and machine guns fall into the second-degree range alongside handguns.
• 1:53
  Narrator: Beyond prison time and fines, a conviction can damage your employment prospects, professional licenses, and immigration status for years to come.
• 2:01
  Narrator: Challenging the legality of the traffic stop or vehicle search is often a powerful defense strategy, because evidence obtained through an unlawful search may be suppressed entirely under the Fourth Amendment.
• 2:12
  Narrator: Lustberg Law Offices, LLC defends people charged after vehicle stops across Bergen County and throughout New Jersey, carefully reviewing every detail of the stop, search, and evidence to assess whether the State can truly prove its case.
• 2:25
  Narrator: Adam M Lustberg is the attorney at this law firm who examines whether police followed proper procedures, whether the statutory presumption applies, and whether the prosecution can establish the knowledge and control required for a conviction.
• 2:38
  Narrator: If you or someone you know is facing a firearm possession charge after a vehicle stop, contact a lawyer who understands how these cases are built and how they can be challenged before your future is placed at risk.
• 2:49
  Narrator: Call Lustberg Law Offices, LLC at 201, 880, 5311, located at 1 University Plaza Dr #212, Hackensack, NJ 07601, United States, to discuss your charge and legal options with an attorney today.