FIRST REPORT - LAKEWOOD POLICE AND PROSECUTORS PUSH INDICTMENT AGAINST FRUM RESIDENT DESPITE VIDEO EVIDENCE AND FEDERAL COURT PRECEDENT

In what defense advocates are calling a troubling misuse of prosecutorial discretion and a questionable interpretation of state firearms law, the Lakewood Police Department and Ocean County Prosecutor’s Office are doubling down on their criminal case against a frum law-abiding gun owner - despite clear evidence, legal precedent, and even State Police guidance contradicting the charge.

Lakewood resident R' Yaakov Steinfeld is a lawfully licensed handgun carrier. Each day, he drives to Beth Medrash Govoha for davening.

Due to his uncertainty of Governor Murphy's 2022 "carry killer" law package which is extremely vague regarding carrying on school premises, he does not bring the firearm into the school building. Instead, he safely stores the firearm in a locked container in the trunk of his car before entering the building. When leaving the yeshiva and reentering his vehicle, he transfers the handgun to the netted compartment behind the driver's seat - securely within arm’s reach during travel.

April 23, 2025 was a game changing day for Steinfeld. Lakewood Police Officer L. Jaramillo #464 effectuated a motor vehicle stop on Steinfeld. Steinfeld immediately notified the officer he is a lawfully licensed handgun carrier and that he had a handgun in the rear compartment of the front passenger seat.

Officer Jaramillo criminally charged Steinfeld with a violation of N.J.S.A. 2C:58-4.6(b)(2), alleging that he unlawfully left a loaded handgun outside his immediate possession in a vehicle.

Bizzarely, Jaramillo's affidavit further states that Steinfeld told him he left the firearm in his car "in plain view" - whereas Steinfeld contends he told Jaramillo he safely stored the firearm in a locked container in the trunk of his car before entering the building.

Defense Attorney Yosef Boruch Jacobovitch who is defending Steinfeld obtained surveillance video footage from Beth Medrash Govoha supporting the facts that Steinfeld did move the handgun into a locked container in the trunk of his car before entering the building.

After reviewing the charges, Mr. Jacobovitch immediately reached out to both the Lakewood Police Department and Ocean County Prosecutor’s Office and placed them on notice that Steinfeld's placement of the handgun while driving is not contrary to the law.

"The charge arises under N.J.S.A. 2C:58-4.6(b)(2), which provides:

> “A holder of a valid and lawfully issued permit to carry a handgun shall not leave a handgun outside of their immediate possession or control within a parked vehicle…”

"Storing a firearm within the glove compartment orseat-back netting - while the individual is in the vehicle - constitutes having it within “immediate possession or control,” as required by statute... Furthermore, his practice of locking the firearm in a trunk lockbox when leaving the vehicle demonstrates careful adherence to responsible handling," Mr. Jacobovitch wrote to the Prosecutor’s Office.

"2C:58-4.6(b)(1) is also applicable in this case, which indicates a person lawfully carrying a firearm shall not do so in a vehicle unless the handgun is unloaded and contained in a closed and securely fastened case or gunbox or is locked unloaded in the trunk or storage area of the vehicle," Assistant Prosecutor Anne Wen responded.

Whoa! The federal courts have granted an injunction barring enforcement of 2C:58-4.6(b)(1) finding it to be unconstitutional.

Mr. Jacobovitch immediately and respectfully relayed this information to Wen.

That was over two months ago.

Since then, crickets from the Prosecutor’s Office.

The expectation was that the Prosecutor’s Office would drop the case. Instead they notified Judge Dina Vicari this week that they intend to bring the charges to a State Grand Jury for an indictment!

Mr. Jacobovitch immediately responded by filing a formal motion seeking to dismiss the Complaint-Summons. A hearing on the Motion is expected to take place in the coming weeks. 

"The Complaint-Summons is legally and factually insufficient, including that the firearm was never left outside the Defendant’s immediate possession or control as required by the statute; that N.J.S.A. 2C:58-4.6(b)(1) is not enforceable at this time; and that the Complaint-Summons is defective on its face for failing to properly cite the correct statute in the narrative and probable cause affidavit," the motion papers, which were obtained and reviewed by FAA News, stress.

This should have been a routine clarification, not a criminal prosecution,” Mr. Jacobovitch told FAA News. “My client acted responsibly and in accordance with the law at every step. Instead of correcting the record, the authorities chose to escalate this into an indictment, ignoring both the facts and well-settled law. That is not justice - it’s institutional stubbornness.”

This latest filing - which challenges the factual and legal integrity of both the Lakewood Police Department and the Ocean County Prosecutor’s Office - comes amidst growing community outrage over the recent arrest of Lakewood resident Binyomin Kubani under similarly controversial circumstances.

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