Bergen County Attorney Outlines Defense Strategies for Firearm Charges in New Jersey

Adam M. Lustberg explains how to challenge illegal searches, lack of intent, and pursue Graves Act waivers to avoid mandatory minimum sentences.

Published on Feb. 23, 2026

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Adam M. Lustberg, a Bergen County gun crime defense attorney, outlines effective strategies for individuals facing firearm charges in New Jersey, one of the strictest states for gun laws. Lustberg discusses challenging illegal searches, demonstrating lack of knowledge or intent, and pursuing Graves Act waivers to potentially avoid or reduce mandatory minimum prison sentences.

Why it matters

New Jersey's Graves Act imposes harsh mandatory minimum sentences for many gun-related offenses, making effective legal representation critical for those facing such charges. Lustberg's insights highlight how constitutional protections, intent, and special legal provisions can be leveraged to achieve better outcomes.

The details

Lustberg explains that the most effective defense often involves challenging the legality of the search that led to the firearm's discovery, as law enforcement must have probable cause or a valid warrant to conduct searches under the Fourth Amendment. He also notes that lack of knowledge can be a viable defense if a gun is found in a shared vehicle, residence, or container without clear evidence connecting the defendant to the weapon. Additionally, Lustberg highlights that Graves Act waivers provide opportunities to avoid or reduce mandatory minimum sentences under specific circumstances, such as having no prior firearm convictions and demonstrating that the mandatory minimum does not serve the interests of justice.

  • The 2014 New Jersey Attorney General's Graves Act Clarification instructs prosecutors to give particular attention to otherwise law-abiding out-of-state gun owners who legally owned firearms elsewhere and lacked criminal intent.

The players

Adam M. Lustberg

A Bergen County gun crime defense attorney and the founder of Lustberg Law Offices, LLC, who specializes in defending individuals facing firearm charges in New Jersey.

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What they’re saying

“If police violated constitutional rights during the search, any evidence they obtained can be suppressed, meaning it cannot be used in court.”

— Adam M. Lustberg, Bergen County gun crime defense attorney (abnewswire.com)

“Many firearms are discovered during traffic stops, but police must follow strict legal procedures. If they fail to do so, the evidence can be excluded from the case.”

— Adam M. Lustberg, Bergen County gun crime defense attorney (abnewswire.com)

“If granted, a waiver can allow the court to impose probation or reduce the parole-ineligibility term to one year.”

— Adam M. Lustberg, Bergen County gun crime defense attorney (abnewswire.com)

What’s next

Early intervention is critical in firearm cases, as challenging the initial traffic stop, examining dashcam footage and police reports, and identifying constitutional violations can lead to suppressed evidence and dismissed charges.

The takeaway

With New Jersey's strict gun laws and mandatory minimum sentences, individuals facing firearm charges must seek experienced legal representation to navigate the complex legal landscape and explore all available defense strategies, including challenging illegal searches, demonstrating lack of intent, and pursuing Graves Act waivers.