Monthly Archives: April 2016

Drunk driving conviction anywhere in U.S. will expose you to 2C:40-26

[04/27/2016, 3:38 p.m.]  In today’s published Appellate Court opinion in State v. Luzhak, the Appellate Division construed NJSA 2C:40-26 (Operating motor vehicle during period of license suspension, fourth degree crime) to apply anywhere in the United States.

Your clients need to know a drunk driving conviction anywhere in the U.S. will expose them to 2C:40-26 – not just in New Jersey.

For example, if your client gets nailed with a 2nd offense in Kansas, he is eligible for prosecution under 2C:40-26.

For the PDF of State v. Luzhak, click here.

New AG Firearms Regulation Dramatically Changes the Law

[04/12/2016, 3:50 p.m.]  On Friday, April 8, at a press conference with the Attorney General, the Governor announced new guidelines for firearms in New Jersey. The changes include a new “serious threats” standard (hinging on a written certification of “justifiable need” to expedite the permitting process to carry a handgun); further overhaul of the permitting process that focuses on uniformity throughout the state; and clear guidelines on what constitutes a “reasonably necessary” deviation in the course of travel when transporting a firearm.

In addition to the AG’s new guidelines, he also issued a directive to State Police to develop “a more efficient and consistent application process”, including working in concert with licensing authorities to streamline the application/reviewal process for firearms purchaser ID cards, purchase permits and handgun carry permits.

The official press release from the Governor’s office links to PDFs of the Regulations Change (proposed amendment N.J.A.C. 13:54-2.4), AG Guideline, and AG Directive. The link to the press release is here.