Gun Possession Lawyer Passaic County NJ | SRIS, P.C.
Gun Possession Lawyer in Passaic County, NJ: Your Defense Strategy
Unlawful possession of a firearm in Passaic County is a serious indictable crime under N.J.S.A. 2C:39-5, carrying severe penalties. As a Gun Possession Lawyer Passaic County NJ, Law Offices Of SRIS, P.C. provides a strong defense against these charges. Our firm has extensive experience in New Jersey’s Superior Courts, where these cases are heard.
New Jersey Gun Possession Laws and Penalties
New Jersey has some of the strictest gun 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 the required permit or firearms purchaser identification card. The severity of the charge depends heavily on the type of weapon and the circumstances of the possession.
Last verified: April 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of both sides of the courtroom to your defense. We know how prosecutors in Passaic County build these cases and how to challenge their evidence effectively.
Official Legal Resources
For the official text of New Jersey’s gun laws, you can review N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures and forms for Passaic County are available through the New Jersey Courts website for the Passaic Vicinage.
Local Court Process for Gun Charges in Passaic County
Gun possession cases in Passaic County are not handled in Municipal Court. They are indictable offenses (felony equivalents) prosecuted in the Criminal Division of the Passaic County Superior Court in Paterson. A key local procedural fact is that New Jersey’s 2017 bail reform means your pretrial release will be determined by a Public Safety Assessment risk score, not your ability to pay cash bail. The prosecution must prove you knowingly possessed the firearm, which is often a central point of defense.
- Arrest and Initial Appearance: 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. Your attorney can present mitigating information at this stage.
- Pre-Trial Motions: Critical motions to suppress evidence (if the gun was found via an illegal search) are filed and argued before trial.
- Plea Negotiations or Trial: Your lawyer will negotiate with the prosecutor for a reduction or alternative program, or prepare for a jury trial if no fair offer is made.
- Sentencing or PTI: If convicted, your attorney advocates for the minimum sentence. For first-time offenders, your Gun Possession Law Firm Passaic County NJ may seek Pre-Trial Intervention (PTI) for dismissal.
Potential Penalties for Gun Possession in New Jersey
In Passaic 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 | Additional Consequences |
|---|---|---|---|---|
| Possession of Handgun Without Permit (N.J.S.A. 2C:39-5b) | 2nd Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Mandatory minimum period (often 3.5 years) without parole; permanent felony record; loss of firearm rights. |
| Possession of Rifle/Shotgun Without FPID (N.J.S.A. 2C:39-5c) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Potential parole ineligibility; permanent felony record. |
| Certain Persons Not to Possess Weapons (N.J.S.A. 2C:39-7) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Mandatory minimum sentence (typically 5 years); enhanced penalties for 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 have the depth to handle serious charges. Our founder, Mr. Sris, is a former prosecutor who understands how the state builds its cases. We provide a focused, case-specific defense strategy for every client facing gun charges in Passaic County.
Our Record in Criminal Defense
While specific Passaic County gun possession results are confidential, our firm-wide record demonstrates our commitment to strong defense. SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes across our practice areas. We approach each gun possession case with the goal of achieving the best possible resolution, whether through dismissal, reduction, or a favorable plea agreement.
Results may vary. Prior results do not aim for a similar outcome.
Local Passaic County Gun Possession Defense
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) 758-0001
By appointment only.
Our New Jersey location represents clients throughout Passaic County. We are accessible from Paterson, Clifton, Wayne, and surrounding communities via I-80, Route 46, and other major highways. As a gun possession lawyer near Passaic County Superior Court, we provide convenient and dedicated legal support. We serve neighborhoods including Paterson, Clifton, Wayne, Passaic City, Totowa, Little Falls, and West Milford. 24/7 phone consultations are available at (888) 437-7747 — all meetings are by appointment only.
Gun Possession Lawyer Passaic County NJ FAQ
What should I do if I’m arrested for gun possession in New Jersey?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to police. Contact a Gun Possession Lawyer Passaic County NJ from our firm for a 24/7 consultation to protect your rights from the very start of your case.
Is there a mandatory jail sentence for gun possession in NJ?
Yes, for many offenses. The Graves Act mandates prison time and parole ineligibility for unlawful possession of a handgun. However, an experienced Gun Possession Attorney Passaic County NJ can argue for exceptions, such as a “downward departure” or PTI, to avoid or reduce the mandatory minimum.
Can I get a gun charge expunged in New Jersey?
It depends on the degree of the crime and your overall record. Most indictable gun convictions have a waiting period of at least 5 years from completion of your sentence. A lawyer can review your specific case to determine eligibility for expungement.
What is a “Certain Persons” charge?
This is a separate, more severe charge under N.J.S.A. 2C:39-7 for individuals with prior convictions (e.g., aggravated assault, robbery) who are found possessing any firearm. It carries a mandatory minimum sentence, often 5 years. Defending against this requires a strategic approach from a skilled Gun Possession Law Firm Passaic County NJ.
What are common defenses to gun possession charges?
Common defenses include challenging the legality of the search that found the weapon, arguing you lacked knowledge the firearm was present, proving you had a valid permit, or demonstrating the weapon was inoperable. The right defense depends entirely on the facts of your case.
For more information, see our New Jersey Criminal Defense Lawyer hub page. We also assist clients in nearby counties like Bergen County and Morris County. If you are facing other charges in Passaic County, our firm also handles DUI/DWI and Immigration matters.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding gun possession charges in Passaic County, New Jersey.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.