Gun Possession Lawyer in Bergen County, NJ — What Are Your Defense Options?
Unlawful possession of a weapon in Bergen 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. Law Offices Of SRIS, P.C. provides a strong defense for those facing gun charges.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
New Jersey Gun Possession Laws and Penalties
New Jersey has some of the strictest firearm laws in the nation. The primary statute governing unlawful possession is N.J.S.A. 2C:39-5. This law makes it a crime to possess a firearm without first obtaining a valid permit to carry or a firearms purchaser identification card. The severity of the charge depends heavily on the type of weapon and the circumstances of the alleged possession.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a deep understanding of both the prosecution’s strategies and the defenses available to you. Our firm-wide experience includes over 4,739 documented case results.
Official Legal Resources
For the full text of the law, refer to the official N.J.S.A. 2C:39-5 (New Jersey Legislature). Court procedures and forms for Bergen County are available through the Superior Court of NJ, Bergen Vicinage website.
handling a Gun Case in Bergen County Court
Gun possession cases in Bergen County are prosecuted as indictable offenses (felonies) and are heard in the Criminal Division of the Superior Court in Hackensack. The process begins with an arrest or summons, followed by an initial appearance. New Jersey’s bail reform means release decisions are based on a Public Safety Assessment risk score, not cash bail. The case then proceeds to a grand jury for indictment. Early intervention by a skilled gun possession attorney Bergen County NJ is critical to challenge the state’s evidence before indictment.
- Secure immediate legal representation after arrest or receiving a summons.
- Your attorney will review all police reports, witness statements, and forensic evidence for constitutional violations.
- File pre-indictment motions, such as a motion to suppress evidence obtained without probable cause or a warrant.
- Negotiate with the Bergen County Prosecutor’s Office for a favorable plea agreement, potentially to a lesser charge, if it serves your best interest.
- Prepare for trial, presenting defenses like lack of knowledge, unlawful search and seizure, or valid permit status.
In Bergen County, unlawful possession of a handgun is typically a second-degree crime, punishable by 5 to 10 years in state prison with a mandatory minimum parole ineligibility period.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5b) | 2nd Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Loss of firearm privileges; professional license jeopardy | Mandatory minimum parole ineligibility (3-5 years); permanent felony record |
| Unlawful Possession of a Rifle/Shotgun (N.J.S.A. 2C:39-5c) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Loss of firearm privileges | Potential parole ineligibility; permanent felony record |
| Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Loss of firearm privileges | Enhanced penalties if used in commission of another crime |
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. Our firm has a combined 120+ years of legal experience. We approach every gun case with a detailed strategy, examining search warrants, police conduct, and forensic reports for weaknesses in the prosecution’s case. Our lead attorney for New Jersey criminal matters is Mr. Sris, a former prosecutor with multi-state bar admissions who understands how to build an effective counter-argument.
Our Approach to Gun Possession Cases
While specific local case results for gun possession in Bergen County are not enumerated, our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Our gun possession law firm Bergen County NJ focuses on challenging the legality of the stop, search, and seizure that led to the discovery of the firearm. We meticulously review police bodycam footage, dashcam videos, and warrant affidavits for any violation of your Fourth Amendment rights.
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 | Local: (732) 651-3900
By appointment only.
Our New Jersey location serves clients at Bergen County courts. We represent individuals from Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. For a gun possession lawyer near Bergen County, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Gun Possession Defense FAQs for Bergen County, NJ
What is the Graves Act in New Jersey?
Yes, the Graves Act mandates prison time. The Graves Act (N.J.S.A. 2C:43-6c) requires mandatory minimum periods of parole ineligibility for certain firearm offenses, including unlawful possession of a handgun. This means a judge must impose a state prison sentence, and you must serve a specified portion (e.g., 3 to 5 years) before becoming eligible for parole.
Can I get a gun charge reduced in Bergen County?
It depends. While gun charges are serious, reductions are possible through skilled negotiation or successful pre-trial motions. An attorney may negotiate a plea to a lesser degree crime (e.g., 3rd degree instead of 2nd degree) or to a non-Graves Act offense. The best chance often comes from challenging the evidence before indictment.
What are common defenses to a gun possession charge?
Common defenses include challenging the legality of the search (lack of probable cause or warrant), proving you had a valid permit, demonstrating you lacked knowledge the weapon was present (constructive possession), or arguing the item was not a functional firearm as defined by law. Each defense requires specific evidence.
Do I need a lawyer for a first-time gun charge?
Yes. Given the severe, mandatory penalties under New Jersey law, including the Graves Act, retaining an experienced gun possession lawyer Bergen County NJ is essential. A public defender may be appointed if you qualify, but the complexity of these cases often benefits from dedicated, private counsel.
What happens after a gun arrest in Bergen County?
You will be processed, and a detention hearing will be scheduled within 48 hours. Since NJ abolished cash bail, a judge will decide to release or detain you based on a risk assessment. Your case will be presented to a grand jury for indictment. An attorney can advocate for your release and work to prevent an indictment.
For more information, see our New Jersey Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Morris County and Somerset County. If you are facing other charges, our firm also handles DUI cases and immigration matters in Bergen County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.