Gun Possession Lawyer Mercer County NJ | SRIS, P.C.
Gun Possession Lawyer in Mercer County, NJ: Your Defense Strategy
Unlawful possession of a firearm in Mercer County is a serious indictable crime under N.J.S.A. 2C:39-5, carrying severe penalties. A conviction can result in years of imprisonment and a permanent criminal record. As a gun possession lawyer Mercer County NJ, Law Offices Of SRIS, P.C. provides a focused defense for charges heard at the Superior Court in Trenton.
New Jersey Gun Possession Laws and Penalties
New Jersey has some of the strictest firearm laws in the nation. The core statute governing unlawful possession is N.J.S.A. 2C:39-5. Possession of a handgun, rifle, or shotgun without a valid permit or firearms purchaser identification card is a crime. The severity depends on the type of weapon and the circumstances.
Last verified: April 2026 | Superior Court of NJ, Mercer Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the gravity of these charges. A gun possession charge is not a simple mistake; it is a serious allegation that prosecutors in Mercer County pursue aggressively. The potential consequences extend far beyond the courtroom, affecting employment, housing, and your right to own firearms in the future.
Official Legal Resources
For the exact language of the law, refer to the official state statute: N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures and forms for Mercer County can be found at the Mercer Vicinage website.
Local Court Process for Gun Charges in Mercer County
All gun possession charges classified as indictable crimes (felony equivalents) are handled by the Mercer County Superior Court, Criminal Division, located at 175 South Broad Street in Trenton. New Jersey’s bail reform means your release pre-trial is determined by a Public Safety Assessment score, not a cash payment. The process moves from an initial detention hearing through grand jury indictment, discovery, and ultimately a plea or trial.
- Arrest & Initial Hearing: After arrest, you will have a first appearance where charges are formally read, and a pre-trial release decision is made based on risk.
- Detention Hearing: For serious charges, the state may request you be held without bail. Your attorney argues for your release under conditions.
- Grand Jury & Indictment: The prosecutor presents evidence to a grand jury. If indicted, your case proceeds in Superior Court.
- Discovery & Pre-Trial Motions: Your defense attorney obtains all evidence (discovery) and files motions to suppress illegally obtained evidence or dismiss charges.
- Plea Negotiations or Trial: Most cases are resolved through negotiation. If no fair offer is made, your attorney prepares for a jury trial.
- Sentencing: If convicted, sentencing follows, where your attorney argues for the most lenient sentence possible under the law.
Potential Penalties for Firearm Offenses
In Mercer County, unlawful possession of a handgun is a second-degree crime carrying 5 to 10 years in state prison, with a mandatory minimum parole ineligibility period under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Unlawful Possession of a Handgun | 2nd Degree Crime | 5-10 years (Graves Act min.) | Up to $150,000 | Mandatory minimum parole ineligibility; permanent firearm disability |
| Unlawful Possession of Rifle/Shotgun | 3rd Degree Crime | 3-5 years | Up to $15,000 | Firearm disability; possible Graves Act if intent to use unlawfully |
| Certain Persons Not to Possess Weapons* | 2nd Degree Crime | 5-10 years | Up to $150,000 | Extended mandatory minimum; prior convictions trigger this charge |
*Under N.J.S.A. 2C:39-7, for those with prior convictions.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Gun Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, we bring substantial resources to your defense. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We provide a strong, evidence-based defense for clients in Mercer County.
Our Approach to Gun Possession Cases
We have a documented record of handling complex criminal cases. While specific results depend on the unique facts of each case, our firm-wide favorable outcome rate is over 93%. We challenge the legality of the search and seizure that found the weapon, the chain of custody of the evidence, and the intent element required for a conviction. We explore defenses such as lack of knowledge, valid permit issues, and constitutional violations.
Results may vary. Prior results do not aim for a similar outcome.
Gun Possession Attorney Mercer County NJ – Contact Us
Our New Jersey location serves clients in Mercer County. We are a gun possession law firm Mercer County NJ that offers 24/7 phone consultations.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
We serve Trenton, Princeton, Hamilton Township, Ewing, Lawrence, West Windsor, East Windsor, Hopewell, Robbinsville, Hightstown, and surrounding communities. Facing gun charges requires immediate action. Contact a gun possession lawyer Mercer County NJ at SRIS, P.C. today.
Frequently Asked Questions
What is the Graves Act in New Jersey?
Yes, the Graves Act mandates prison time. It is a New Jersey law that requires mandatory minimum periods of parole ineligibility for certain firearm offenses, including unlawful possession of a handgun. This often means you must serve a significant portion of your sentence before becoming eligible for parole.
Can I get Pre-Trial Intervention (PTI) for a gun charge?
It depends. Graves Act offenses generally disqualify you from standard PTI. However, under the “special probation” drug court program or through a Graves Act waiver motion, you may become eligible for a diversionary program. This requires skilled legal argument and negotiation by your attorney.
What if the gun wasn’t on my person, just in my car or house?
You can still be charged. New Jersey law recognizes “constructive possession,” meaning you had knowledge of the weapon and the ability to control it, even if it wasn’t in your hand. The prosecution must prove you knew the gun was there and had intent to control it.
What are the main defenses to a gun possession charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment violation), proving you had a valid permit, arguing you lacked knowledge the weapon was present, or questioning the evidence chain of custody. Each defense is highly fact-specific.
Will I lose my right to own guns forever if convicted?
Yes. A conviction for an indictable firearm offense in New Jersey results in a permanent firearm disability, legally barring you from ever purchasing or possessing a firearm again in the state.
For more information on criminal defense in New Jersey, see our New Jersey Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Somerset County and Hunterdon County. If you are facing other charges, our Mercer County DUI Lawyer can help.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.