Weapons Charges Lawyer New Jersey | SRIS, P.C.
Weapons Charges Lawyer New Jersey — What Are the Penalties for Unlawful Possession?
Weapons charges in New Jersey are serious indictable offenses, not simple misdemeanors. A conviction can mean years in state prison and a permanent felony record. As a Weapons Charges Lawyer New Jersey, the Law Offices Of SRIS, P.C. provides a strong defense against charges like unlawful possession of a firearm.
New Jersey Weapons Charges Law
New Jersey has some of the strictest gun control laws in the nation. Most weapons offenses are classified as indictable crimes (felonies) under N.J. Stat. § 2C:39-5, which governs unlawful possession of weapons. The statute prohibits possessing a firearm without a permit or possessing certain weapons like sawed-off shotguns, silencers, or defaced firearms under any circumstance. The severity of the charge depends heavily on the type of weapon and the defendant’s prior criminal record.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of both sides of the courtroom to every weapons case. Our background in complex criminal defense is critical for these high-stakes matters.
Official Legal Resources
For the official text of New Jersey’s weapons laws, refer to the N.J. Stat. § 2C:39-5 (Unlawful Possession of Weapons). For court procedures and forms, visit the New Jersey Courts website.
Defending a New Jersey Weapons Charge
Prosecutors in New Jersey aggressively pursue weapons charges. A successful defense often hinges on suppressing evidence obtained through an unlawful search or seizure. The Fourth Amendment protects against unreasonable searches. If the police lacked a valid warrant or probable cause to search your person, vehicle, or home, any weapons found may be inadmissible in court. An experienced Weapons Charges Attorney New Jersey will meticulously review the police report and arrest circumstances for constitutional violations.
- Case Review & Investigation: Your attorney will obtain all discovery, including police reports, body cam footage, and lab reports, to identify weaknesses in the prosecution’s case.
- Motion to Suppress: If the search was illegal, your lawyer will file a motion to suppress the weapon as evidence, which can lead to the case being dismissed.
- Negotiation: Your attorney will negotiate with the prosecutor for a reduction to a lesser charge, such as a disorderly persons offense, or for admission into a diversion program like PTI.
- Trial Preparation: If a fair plea cannot be reached, your lawyer will prepare a vigorous trial defense, challenging witness credibility and the state’s ability to prove possession beyond a reasonable doubt.
Potential Penalties for Weapons Offenses in New Jersey
In New Jersey, unlawful possession of a handgun is typically a second-degree crime carrying 5 to 10 years in state prison with a mandatory minimum parole ineligibility period.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Unlawful Possession of a Handgun | 2nd Degree Crime | 5-10 years (with Graves Act parole ineligibility) | Up to $150,000 | Permanent felony record, loss of firearm rights |
| Possession of a Weapon for an Unlawful Purpose | 2nd/3rd Degree Crime | 5-10 years / 3-5 years | Up to $150,000 / $15,000 | Enhanced penalties if linked to other crimes |
| Certain Persons Not to Have Weapons (prior felons) | 2nd Degree Crime | 5-10 years (mandatory minimum) | Up to $150,000 | Extended parole ineligibility |
| Unlawful Possession of Other Weapons (e.g., rifle) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team has a combined 120+ years of legal experience. We have handled thousands of criminal cases, from disorderly persons offenses to serious indictable crimes like weapons charges. Our founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by the state to secure convictions. This insight is invaluable when building a defense strategy for clients facing severe penalties under New Jersey’s Graves Act.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. In weapons cases, favorable results can include motions to suppress evidence skilled to dismissals, reductions to non-custodial probation, or successful completion of pre-trial intervention (PTI). Every case is unique, and we dedicate our resources to achieving the best possible outcome given the specific facts and evidence.
Results may vary. Prior results do not aim for a similar outcome.
Weapons Charges Law Firm New Jersey Serving Your Area
If you are searching for a “weapons charges lawyer near me” in New Jersey, our firm is accessible to clients statewide. We offer 24/7 phone consultations to discuss your case immediately after an arrest. Our New Jersey location in Tinton Falls allows us to serve clients across Monmouth County, Ocean County, Middlesex County, and beyond.
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) 509-5900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Weapons Charges in NJ
Is possessing a gun in New Jersey without a permit a felony?
Yes. Unlawful possession of a handgun is a second-degree indictable crime (felony) in New Jersey under N.J. Stat. § 2C:39-5(b), punishable by 5 to 10 years in state prison with mandatory minimum parole ineligibility under the Graves Act.
Can a weapons charge be reduced to a disorderly persons offense?
It depends. For certain first-time offenders, a skilled Weapons Charges Attorney New Jersey may negotiate a reduction to a lesser charge, such as a disorderly persons offense, as part of a plea agreement. This is more likely if the weapon was not a handgun and there are strong legal defenses, like a questionable search.
What is the Graves Act in New Jersey?
The Graves Act mandates extended periods of parole ineligibility for certain firearms offenses. For example, a conviction for unlawful possession of a handgun typically carries a mandatory minimum period (often 42 months) during which you are not eligible for parole, meaning you must serve that time in prison.
What should I do if I’m arrested on a weapons charge?
First, remain silent and ask for a lawyer. Do not discuss the case with anyone but your attorney. Contact a Weapons Charges Lawyer New Jersey immediately. An attorney can intervene early, protect your rights during questioning, and begin building a defense strategy, such as challenging the legality of the search that found the weapon.
Can I get a weapons charge expunged in New Jersey?
It depends on the degree of the crime and your overall record. Most indictable weapons convictions are not eligible for expungement for many years (if at all). However, if charges are dismissed or you complete a pre-trial intervention (PTI) program, you may be eligible for expungement sooner. An attorney can advise on your specific situation.
Related Practice Areas: If you are facing other serious charges, our firm also handles New Jersey Criminal Defense and Federal Criminal Defense matters.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding weapons charges.