HACKENSACK, NJ - Possessing an unserialized firearm in New Jersey can lead to serious criminal charges, with possession generally charged as a third-degree crime and manufacturing or assembling such a weapon generally charged as a second-degree crime. Hackensack gun crime attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-happens-if-you-get-caught-with-a-ghost-gun/) outlines how New Jersey law treats these cases and what defendants can expect if they are accused of possessing, manufacturing, or distributing an untraceable firearm.
According to Hackensack gun crime attorney Adam M. Lustberg, N.J.S.A. 2C:39-3(n) prohibits possession of firearms without serial numbers registered to a federally licensed manufacturer. A ghost gun is defined under state law as any firearm assembled using a frame or receiver that is not imprinted with such a serial number, including weapons built from parts kits and firearms produced through three-dimensional printing. "These cases are prosecuted seriously throughout New Jersey, and the penalties escalate quickly depending on whether the conduct involved mere possession or active manufacturing," Lustberg explains.
Hackensack gun crime attorney Adam M. Lustberg notes that New Jersey law draws a sharp distinction between possession and production. Third-degree crimes carry 3 to 5 years in prison and fines up to $15,000, while second-degree crimes carry 5 to 10 years and fines up to $150,000. Manufacturing a ghost gun, purchasing parts to build one, transporting a manufactured firearm without a serial number, and producing a covert or undetectable firearm each fall into the second-degree category under N.J.S.A. 2C:39-9.
Attorney Lustberg adds that while ghost gun possession under N.J.S.A. 2C:39-3(n) is not itself listed in the Graves Act, related weapons offenses charged alongside it may fall under N.J.S.A. 2C:43-6(c) and trigger mandatory minimum sentences or parole ineligibility. "Defendants facing multiple firearms charges need to understand how each count interacts with the others, because the sentencing exposure can change dramatically when Graves Act offenses are stacked on top of ghost gun allegations," he notes.
The firm points out that federal regulation now complements New Jersey's framework. In April 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives finalized a rule amending the federal definitions of "frame or receiver" and "firearm" and adding marking and recordkeeping requirements for certain weapon-parts kits. The United States Supreme Court upheld these regulations in a ruling issued in 2025. Depending on the facts, a person charged in New Jersey may also face separate federal issues tied to serialization, recordkeeping, or dealer-transfer rules.
Lustberg also highlights the impact of New Jersey Senate Bill No. 2846, approved on July 5, 2022, which upgraded several ghost gun-related offenses from third-degree to second-degree crimes. Purchasing firearm parts to manufacture an unserialized firearm, producing a firearm with a 3D printer, manufacturing a covert or undetectable weapon, and transporting a manufactured firearm without a serial number are now all second-degree offenses in New Jersey.
Defense strategies in these cases often focus on Fourth Amendment challenges to the search and seizure that produced the firearm, on whether the recovered item actually meets the statutory definition of a ghost gun, and on negotiating resolutions when mitigating factors are present. A successful suppression motion can result in dismissal because the prosecution cannot proceed without the physical evidence, and careful analysis of the weapon's characteristics may show that the item does not qualify as a firearm under the applicable statute.
"A prior criminal record can significantly alter both the charges filed and the sentence imposed in a ghost gun case," Lustberg observes. Under N.J.S.A. 2C:39-7, individuals with certain prior convictions who are found possessing firearms may face a separate "Certain Persons Not to Have Weapons or Ammunition" charge, which can carry substantial prison exposure and a mandatory period of parole ineligibility. The collateral consequences of conviction - ranging from employment and licensing barriers to the loss of firearm rights - can extend for decades beyond any prison sentence.
For those facing ghost gun allegations in Hackensack, Bergen County, or elsewhere in New Jersey, early legal intervention can shape the direction of the case. Contacting a gun crime attorney promptly may help preserve evidence, identify constitutional issues, and develop the strongest possible defense strategy.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm focused exclusively on criminal defense. Led by attorney Adam M. Lustberg, the firm represents clients facing firearms charges, violent crime allegations, and other serious offenses throughout Bergen County, Hudson County, Passaic County, and across New Jersey. The office is located at One University Plaza Drive, Suite 212, in Hackensack. For consultations, call (201) 880-5311.
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/
