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The Importance of the Second Amendment in All Weapons or Gun Related Charges

Prior to the Twenty-First Century, the United States Supreme Court decided only one Second Amendment case of material consequence and that was Unites States v. Miller. In Miller, two individuals were charged with transporting a short-barred shotgun across state lines in violation of a statute that required weapons of that type to be registered and taxed. In rejecting the defendant’s Second Amendment challenge the Court concluded that the right-to-bear-arms was tethered to “some reasonable relationship to the preservation or efficiency of a well-regulated militia.”

It is important to note that the Miller Court decided the case under circumstances where neither the accused nor their attorneys ever filed a brief or appeared at oral arguments. The frailties of such a process is readily apparent and as a result of this lopsided proceeding, the Court overlooked the fact that short-barrel shotguns were used throughout the history of warfare, including during the Revolutionary War, the Civil War, World War I and World War II.

Almost 70 years later, the United States Supreme Court decided the District of Columbia v. Heller case. In what is not considered a landmark decision, the Supreme Court created a sea change of ideas as to the philosophical and historic underpinning of the Second Amendment by augmenting the forms of this organic right. Where Miller concluded that the Second Amendment was rooted in a military purpose, the Court in Heller engrafted an individual purpose which was linked to the protection of self, family and the home.

In Heller, the court “held that the Second Amendment protects the right to keep and bear arms for the purpose of self defense” and as a result, it “struck down a District of Columbia law that banned the possession of handguns in the home.” Later in McDonald v. City of Chicago, the Court concluded that the Second Amendment right-to-bear-arms is so “fundamental to our scheme of ordered liberty” that it must be applicable to the states through the Fourteenth Amendment.

New Jersey has one of the strictest gun laws in the country. If you are convicted of a gun offense in New Jersey, there is a good likelihood that you will be sent to jail and in many cases the opportunities for parole will be significantly delayed. If you are charged with a gun related offense, it is imperative that you hire an experienced criminal defense attorney now. Frank T. Luciano has been representing people accused of gun crimes in Hackensack and Paterson for over 40 years. He is a member of the New Jersey 2nd Amendment Society (NJ2AS), an organization conceived to protect our right to bear arms under the Second Amendment. He is also a lifetime member of the National Organization for the Reform of Marijuana Laws (NORML) and a member of the National Association of Criminal Defense Attorneys (NACDL). You can determine Frank’s commitment to his client and their cases by reading the Testimonials Section of this website.

Our Client Testimonials

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"Mr. Luciano freed my mind of anxiety right from the start. A consummate professional. He explained all options on defense and guided me to the one I followed with excellent results. Best of all, he is reasonable. Relax and let his knowledge (the magic) work."


From a former client

"First thing I want to tell is that I thank God for giving me the opportunity to meet such a wonderful person like you and without question, the best lawyer in this world. I am very grateful for everything you did for me. I want to let you know that I'm doing good and if you ever think of coming to . . . for vacation don't forget to contact me. Thanks again Mr. Luciano and please say hello to that kind lady that answers the phone with pleasure every time I called."


From a former client with a First Degree Distribution Charge

"In my distraction focusing on my . . . trial, I failed to ask you how things went with . . . I watched and learned from you throughout that case and greatly admire the consummsate attorney that I hoped to emulate. I witnessed how very hard you worked and how you left no stone unturned. I hope the case worked out for you and your clients. If it did not (and I hope it did) it was not for lack of the effect on your part which was humbling."


From an adversary in a case where we ultimately returned a verdict of $2,069,000

"My family and I would like to thank you for all of your hard work on my case. I feel like I can live my life normally again and it feels awesome. You are truly a professional and wonderful attorney."


From a former client charged with a serious weapons offense

"At the time, I was mortified because, having only worked against you in the Prosecutor’s Office, I couldn’t picture being on the same side. Frank, I want to thank you for the pleasure of having worked with you over the past years. I have learned a great deal from you. Most importantly, I learned that cases were not always as black and white as I thought they were when I worked for the Prosecutor’s Office. You are a wonderful attorney who not only works hard, but also cares deeply about his clients. Frank, I think you are the best."


From a former investigator of a county prosecutor’s office and retired private investigator

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