Gun Possession Lawyer Monmouth County NJ | SRIS, P.C.
Gun Possession Lawyer Monmouth County NJ — Your Defense Against Serious Charges
Unlawful gun possession in Monmouth County is a serious indictable crime under N.J.S.A. 2C:39-5, carrying mandatory prison time and lasting consequences. As a Gun Possession Lawyer Monmouth County NJ, Law Offices Of SRIS, P.C. provides a strong defense against these charges. Our firm, founded in 1997, has extensive experience in the Superior Court of NJ, Monmouth Vicinage.
New Jersey Gun Possession Laws and Penalties
New Jersey has some of the strictest gun laws in the nation. Possession of a firearm without a valid permit is a second-degree crime under N.J.S.A. 2C:39-5. The law makes few exceptions, and penalties are severe, especially if the offense occurs in a school zone, public housing, or with certain prior convictions. The state’s Graves Act mandates significant periods of parole ineligibility for many gun offenses, meaning a conviction can lead to years in prison without the possibility of early release.
Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
Official Legal Resources
Understanding the specific statutes and court procedures is critical. You can review the official New Jersey Code of Criminal Justice, Title 2C, which governs weapons offenses: N.J.S.A. Title 2C (official New Jersey Legislature site). For local court rules and procedures, visit the Monmouth Vicinage website.
The Local Court Process for Gun Charges in Monmouth County
Gun possession cases in Monmouth County begin with an arrest and are prosecuted in the Superior Court, Criminal Division, in Freehold. New Jersey’s bail reform means your release pre-trial is based on a risk assessment, not a cash payment. The prosecution must prove you knowingly possessed the firearm. A skilled Gun Possession Attorney Monmouth County NJ will scrutinize the search and seizure, the chain of custody of the weapon, and your intent.
- Arrest & Initial Hearing: You will be charged and have a first appearance in Superior Court where conditions of release are set.
- Indictment: A grand jury will review the evidence to decide if the case proceeds to trial.
- Pre-Trial Motions: Your attorney files motions to suppress illegally obtained evidence or dismiss charges.
- Negotiation or Trial: We negotiate for a reduction, PTI, or take the case to trial before a jury.
- Sentencing: If convicted, we advocate for the most lenient sentence possible under the law.
Potential Penalties for Gun Possession in NJ
In Monmouth County, unlawful possession of a handgun is a second-degree crime punishable by 5 to 10 years in state prison, with a mandatory minimum parole ineligibility period under the Graves Act.
| Offense | Classification | Incarceration | Fine | Graves Act Mandatory Minimum |
|---|---|---|---|---|
| Unlawful Possession of a Handgun (2C:39-5b) | Second-Degree Crime | 5-10 years | Up to $150,000 | 42 months (3.5 years) to 5 years* |
| Possession of a Rifle/Shotgun (2C:39-5c) | Third-Degree Crime | 3-5 years | Up to $15,000 | May apply |
| Certain Persons Not to Have Weapons (2C:39-7) | Second-Degree Crime | 5-10 years | Up to $150,000 | 5 years |
Results may vary. Prior results do not aim for a similar outcome.
*Mandatory minimum periods vary based on specific circumstances and prior record.
Why Choose Our Firm for Your Gun Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, we bring substantial resources and a strategic approach to every case. Our deep understanding of New Jersey’s complex gun laws and the procedures in Monmouth County courts allows us to build effective defenses, whether through challenging the legality of a search, negotiating for alternative programs like PTI, or taking a case to trial.
Our Approach to Gun Possession Cases
We actively defend clients in Monmouth County. Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. In gun cases, a favorable result could mean charges dismissed, evidence suppressed, admission into Pre-Trial Intervention (PTI) for dismissal, or a reduction to a non-gun offense. Every case is unique, and we develop a defense strategy based on the specific facts and evidence.
Results may vary. Prior results do not aim for a similar outcome.
Gun Possession Law Firm Monmouth County NJ — Contact Us
Our New Jersey location serves clients throughout Monmouth County. We are a gun possession law firm Monmouth County NJ residents can rely on for accessible and aggressive representation.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 637-5248
By appointment only.
We serve Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck. 24/7 phone consultations are available.
Frequently Asked Questions
What is the Graves Act in New Jersey?
Yes. The Graves Act is a New Jersey law that mandates mandatory minimum prison sentences, with periods of parole ineligibility, for certain firearms offenses. It applies to crimes like unlawful possession of a handgun and makes these charges exceptionally severe, requiring an attorney experienced in seeking waivers or exceptions.
Can I get PTI for a gun charge in Monmouth County?
It depends. Pre-Trial Intervention (PTI) is generally not available for Graves Act offenses. However, a skilled gun possession lawyer Monmouth County NJ can petition the court for a Graves Act waiver, which, if granted, may then allow for PTI consideration. Success depends on the case facts, your background, and strong legal advocacy.
What should I do if I’m arrested for gun possession?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to the police. Your first call should be to an attorney. A gun possession attorney Monmouth County NJ can protect your rights from the very start, including your arraignment and detention hearing under New Jersey’s bail reform system.
What defenses are available for gun possession?
Common defenses include challenging the legality of the stop, search, or seizure of the weapon; arguing lack of knowledge or constructive possession; proving you had a valid permit; or demonstrating flaws in the police investigation or evidence handling. A thorough case review by a gun possession law firm Monmouth County NJ is essential to identify the best defense.
How long does a gun possession case take?
Timelines vary. For an indictable gun crime in Superior Court, if you are detained, the state must seek an indictment within 90 days. The entire process from arrest to resolution can take several months to over a year, depending on case complexity, motions filed, and whether it proceeds to trial.
Related Legal Services in Monmouth County
If you are facing other charges related to a gun arrest, such as criminal defense for assault or drug offenses, we can help. For charges in neighboring areas, see our pages for Bergen County or Middlesex County. For all New Jersey criminal defense resources, visit our state hub page.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.