Hackensack, NJ - Navigating a charge under N.J.S.A. 2C:39-4.1 can be intimidating, particularly given the statute’s strict penalties for anyone found in possession of a weapon during a drug offense. New Jersey gun crime lawyer Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/nj-2c_39-4_1-possession-of-a-weapon-during-drug-offense/), is shedding light on what this law entails.
The law is widely regarded as one of New Jersey’s most serious second-degree criminal charges. It doesn’t require that the firearm or weapon be used or displayed; possession during a qualifying drug crime is enough. Adam M. Lustberg explains that understanding how the statute operates is essential to forming a proper legal defense. "Even a firearm locked in a glove compartment can trigger a second-degree charge if prosecutors believe it was accessible during a drug offense," Lustberg notes.
Because these cases are generally handled in Superior Court, defendants need immediate legal representation. New Jersey gun crime lawyer, Adam M. Lustberg, plays a critical role in explaining the legal definitions, examining the circumstances of the arrest, and helping clients respond appropriately. Lustberg warns that many investigations begin in monitored areas, such as near Newark Penn Station or Secaucus Junction, where law enforcement often targets alleged patterns of drug distribution.
N.J.S.A. 2C:39-4.1 was designed to be broad, allowing prosecutors to bring charges involving not only firearms but any weapon deemed connected to a drug crime. Adam M. Lustberg highlights that this includes knives, bats, brass knuckles, and objects like crowbars, if the State believes they were possessed under suspicious or unlawful circumstances. The statute includes three subsections, (a), (b), and (c), each targeting a different type of weapon possession, but all classified as second-degree crimes with five - ten years of prison time.
Subsection (a), the most frequently charged, applies to possession of a firearm during a drug crime. The State does not need to prove the weapon was loaded or operational. Constructive possession, the concept that someone had control over a weapon without physically holding it, becomes central to these cases. As Lustberg explains, “The prosecution can rely on constructive possession to tie a firearm to a defendant, even if that person was nowhere near the gun at the time of arrest.”
Much of the legal interpretation around constructive possession comes from the New Jersey Supreme Court’s ruling in State v. Spivey, which holds that proximity and accessibility can be enough to prove possession. This ruling expanded the reach of the statute, allowing prosecutors to claim a defendant had control over a firearm found in an apartment or vehicle, as long as it was reasonably accessible during the alleged drug activity. Prosecutors often cite the Spivey Doctrine when attempting to link firearms and narcotics in distribution cases.
However, Adam M. Lustberg emphasizes that the law does not apply to personal use drug offenses. The charge under 2C:39-4.1 is what defense attorneys call a “parasitic offense,” meaning it must be connected to a qualifying, or “predicate,” drug crime such as drug trafficking, manufacturing, or distribution. These include offenses under N.J.S.A. 2C:35-3 (leader of a narcotics network), 2C:35-4 (operating a drug production facility), and 2C:35-5 (distribution or possession with intent to distribute). If the underlying offense cannot be proven, the weapon charge cannot stand.
Challenging the predicate offense is one of several defense strategies Lustberg considers when representing clients. Others include contesting the legality of a search, undermining the prosecution's possession theory, or seeking a Graves Act waiver. “A strong defense often starts with questioning how the evidence was obtained,” says Lustberg. “If a search was conducted without probable cause or violated constitutional protections, the entire case can collapse.”
In multi-unit buildings, parked vehicles, or large transit areas, shared spaces make it harder for prosecutors to prove beyond a reasonable doubt who controlled a weapon. Lustberg notes that the State must establish intentional, knowing possession, not mere proximity, and when multiple people have access to the area, the prosecution’s burden increases.
While the stakes are high, Lustberg notes that viable defenses often exist. Suppressing improperly obtained evidence can lead to dismissal. Showing the drugs were for personal use, not distribution, can eliminate the predicate offense and invalidate the weapons charge. Demonstrating that the weapon was not connected to the drug activity, even under the Spivey Doctrine, may also defeat the case.
Defendants charged under N.J.S.A. 2C:39-4.1 are often caught off guard by how quickly these cases develop. Lustberg notes that charges may arise from ordinary circumstances, like a firearm kept at home or a weapon stored in a car, that become legally significant when drugs are present. The statute’s broad language and reliance on constructive possession make prompt legal guidance important.
Those accused of possessing a weapon during a drug crime face a tough legal battle, but with the right representation, the charges can be challenged and rights protected. Adam M. Lustberg’s approach examines every detail, from the legality of the search to whether the State can lawfully link the weapon to a qualifying drug offense.
To fight a charge under this statute, timing is critical. A thorough defense can reveal errors in the State’s case or lead to favorable plea negotiations. Understanding the specific legal hurdles is an important part of responding to a charge under N.J.S.A. 2C:39-4.1.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey-based criminal defense law firm led by attorney Adam M. Lustberg. The firm handles criminal charges in state and federal court, including drug and weapon-related offenses. Located in Hackensack, Lustberg Law Offices, LLC serves clients throughout North Jersey to protect the rights of individuals facing serious legal accusations.
Email: alustberg@lustberglaw.com
Media Contact
Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/
