Bergen County Firearm Defense Attorney Adam M. Lustberg Explains FOPA Protections for Travelers Transporting Firearms Through New Jersey

HACKENSACK, NJ - August 19, 2026 - Interstate travelers who pass through New Jersey with legally owned firearms may face serious weapons charges if they fail to meet the strict federal conditions of the Firearm Owners Protection Act. Bergen County firearm defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/firearms-transport-laws-new-jersey-fopa/) has published guidance explaining how FOPA may protect travelers and what steps individuals should take if arrested while transporting a firearm through the state.

The Firearm Owners Protection Act, enacted in 1986 and codified at 18 U.S.C. Section 926A, includes a "safe passage" provision that allows a person to transport an unloaded firearm through any state, including states with restrictive gun laws, provided specific federal conditions are met. According to Bergen County firearm defense attorney Adam M. Lustberg, the traveler must be able to lawfully possess and carry the firearm at both the starting point and the destination, and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment. "Without FOPA, a driver legally carrying a firearm in another state could face felony charges the moment they crossed into New Jersey, even if they were simply passing through," Lustberg explains.

Bergen County firearm defense attorney Adam M. Lustberg notes that each FOPA requirement is absolute, and partial compliance provides no protection. If the vehicle has no separate trunk, such as many SUVs, hatchbacks, and pickup trucks, the firearm or ammunition must be kept in a locked container other than the glove compartment or console. Lustberg points out that FOPA's safe passage provision protects the transport of firearms only, not accessories, and that New Jersey's restriction on magazines with a capacity greater than ten rounds still applies to travelers even when all other FOPA conditions are met.

New Jersey enforces some of the strictest firearm laws in the country. Under N.J.S.A. 2C:39-5, possessing a handgun without a valid New Jersey permit is a second-degree crime punishable by five to ten years in state prison, while possessing a rifle or shotgun without a Firearms Purchaser Identification Card is a third-degree crime. Lustberg emphasizes that New Jersey does not recognize out-of-state carry permits from any state, meaning a valid permit from Pennsylvania, Florida, Texas, or elsewhere provides no legal protection within New Jersey borders.

Attorney Lustberg observes that FOPA protection depends on a continuous journey. While brief stops for fuel, food, or a restroom are generally acceptable, longer detours or delays can cause a traveler to lose protection. The Third Circuit Court of Appeals ruled that an overnight hotel stay caused a traveler to lose FOPA protections because the firearm was accessible during the stay. "FOPA requires a continuous journey, so making extended stops or staying overnight in New Jersey can void the protection a traveler may otherwise have," Lustberg advises.

A firearm arrest in New Jersey can trigger significant consequences. For Graves Act offenses under N.J.S.A. 2C:43-6(c), the parole-ineligibility term is one-half of the sentence imposed or 42 months, whichever is greater, meaning a second-degree handgun possession conviction can carry a mandatory minimum of at least 42 months without parole. Lustberg notes that these penalties can apply even to first-time offenders with no criminal record, and that firearm charges typically trigger a motion for pretrial detention under New Jersey's Criminal Justice Reform Act.

Lustberg explains that FOPA is an affirmative defense rather than immunity from arrest, so it does not prevent law enforcement from filing initial charges at the roadside. The defense must be formally raised, supported by clear evidence, and argued before a judge in Superior Court. Documentation such as GPS data showing a direct route, travel receipts from origin and destination states, photos of the firearm's storage configuration, and records proving lawful possession may strengthen the defense.

For travelers who may not satisfy every FOPA condition perfectly, Lustberg points out that alternative strategies may reduce exposure. The Graves Act waiver process under N.J.S.A. 2C:43-6.2 offers a path to lower the mandatory minimum or grant probation for first-time offenders, while Pretrial Intervention is a separate diversion program that can result in dismissed charges. Both options require prosecutor approval and are never guaranteed.

Lustberg advises anyone arrested for transporting a firearm in New Jersey to exercise the Fifth Amendment right to remain silent immediately, decline consent to any vehicle searches, and avoid discussing travel plans or the firearm with officers. Preserving GPS and navigation data, travel receipts, toll records, and documentation of the firearm's storage configuration can be critical to building a strong defense.

For individuals facing weapons charges after transporting a firearm through New Jersey, contacting an experienced firearm defense attorney may help protect their rights and future. Early legal intervention can preserve time-sensitive evidence that supports a FOPA defense or an alternative resolution.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm led by attorney Adam M. Lustberg, who focuses his practice exclusively on criminal defense. The firm represents travelers and residents charged with firearm offenses and other serious crimes throughout Bergen County, Hudson County, Passaic County, and northern New Jersey. The office is located at 1 University Plaza Dr #212 in Hackensack. For a free consultation, call (201) 880-5311.

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Email: alustberg@lustberglaw.com

Website: https://www.lustberglaw.com/

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