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 semi-automatic rifle. NJ gun crime lawyer Adam M. Lustberg of Lustberg Law Offices, LLC is offering guidance on how community gun charges work, what prosecutors must prove, the penalties involved, and the defenses available to those accused.
Understanding Community Gun Charges
A community gun charge arises under N.J.S.A. 2C:39-4(a)(2), which applies when a semi-automatic rifle 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. According to Lustberg, because the charge is tied to group activity, multiple individuals can face identical charges for the same semi-automatic rifle.
Lustberg notes 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 semi-automatic rifle was present, had the ability to exercise control over it, and intended to do so.
Penalties and Defenses
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.
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 semi-automatic rifle 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.
Original reporting: KTBS 3 (Shreveport) — read the source article.
