Union County Machine Gun Offense Lawyer — What Are Your Defense Options?
A machine gun offense in Union County is a serious federal and state crime with severe penalties, including mandatory prison time. The Law Offices Of SRIS, P.C. provides a strong defense for these charges. Our team includes former prosecutors who understand how to challenge evidence and negotiate with federal and state authorities. We offer 24/7 phone consultations to discuss your case.
What Is a Machine Gun Offense Under New Jersey Law?
In New Jersey, a machine gun offense involves the unlawful possession, sale, manufacture, or transportation of a machine gun or any firearm modified to fire automatically. These charges are governed by strict state statutes, such as N.J.S.A. 2C:39-5, and often overlap with federal laws under the National Firearms Act (NFA). Possession alone can be a second-degree crime, carrying a presumption of imprisonment. The legal definition is precise, and the prosecution must prove every element, including knowledge and intent, which can be key points for your defense.
Last verified: April 2026 | Union County Superior Court | New Jersey Legislature
Official Legal Resources
Understanding the specific laws is critical. You can review the New Jersey statutes on unlawful weapons (N.J.S.A. 2C:39-5) and the procedures of the New Jersey Superior Court, Criminal Division for official information.
Local Court Process for a Machine Gun Offense in Union County
Machine gun cases in Union County typically begin in municipal court for an initial appearance but are quickly transferred to the Union County Superior Court in Elizabeth for indictment and trial due to their severity. Prosecutors from the Union County Prosecutor’s Office handle these cases aggressively. An insider note: in this jurisdiction, early intervention by a skilled defense attorney is important to contest the legality of the search or seizure that led to the discovery of the firearm, as this is a common pre-trial motion.
- Arrest and Initial Appearance: You will be processed and have a first hearing, where bail is set.
- Case Transfer: The case is transferred from municipal court to the Union County Superior Court.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure a formal indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence or dismiss charges based on legal defects.
- Plea Negotiations or Trial: The case may be resolved through a negotiated plea or proceed to a jury trial.
- Sentencing: If convicted, sentencing follows, often involving mandatory prison terms.
Potential Penalties for a Machine Gun Conviction
In Union County, a machine gun offense is a second-degree crime carrying 5 to 10 years in state prison, with a mandatory period of parole ineligibility, and fines up to $150,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | 2nd Degree Crime | 5-10 years (State Prison) | Up to $150,000 | Loss of Firearm Purchaser ID Card | Federal charges likely, permanent felony record |
| Sale/Manufacture of a Machine Gun | 1st or 2nd Degree Crime | 10-20 years or 5-10 years | Up to $200,000 | Permanent firearm prohibition | Forfeiture of assets, enhanced federal penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Machine Gun Offense Defense
Founded in 1997 by a former prosecutor, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal cases. Our “Advocacy Without Borders” approach means we prepare every case for trial, which gives us use in negotiations. We understand the high stakes of a machine gun charge and work to protect your freedom and future.
Our Approach to Machine Gun Offense Cases
We immediately investigate the circumstances of the arrest, focusing on the legality of the search, the chain of custody of the evidence, and the specific classification of the firearm. We work with forensic professionals to challenge the prosecution’s claims about the weapon. Our goal is to seek a dismissal or reduction of charges before trial. If a trial is necessary, we build a defense that creates reasonable doubt for the jury.
Contact Our Union County Defense Team
If you need a machine gun offense lawyer near me Union County, our firm is accessible. We serve clients throughout Union County, including Elizabeth, Plainfield, Linden, and Rahway. We offer 24/7 phone consultations. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions (FAQs)
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law defines a machine gun as any firearm that can fire more than one shot automatically with a single trigger pull. This includes legally manufactured weapons converted to automatic fire and parts designed for conversion.
Can I face both state and federal charges for the same gun?
Yes. It is common for a machine gun offense to violate both N.J.S.A. 2C:39-5 and the federal National Firearms Act. You can be prosecuted separately by the state of New Jersey and the U.S. Attorney’s Office, which is known as dual sovereignty.
What are the main defenses to a machine gun charge?
It depends. Common defenses include challenging an illegal search under the Fourth Amendment, arguing a lack of knowledge that the firearm was automatic, proving the weapon is not legally classified as a machine gun, or asserting that the evidence was mishandled.
Is there a mandatory prison sentence for a machine gun offense in NJ?
Yes. A conviction for possession of a machine gun in New Jersey carries a mandatory minimum prison sentence with a period of parole ineligibility, typically between one-third and one-half of the base sentence, as set by the Graves Act.
Why should I hire an affordable machine gun offense lawyer Union County from your firm?
Our firm provides experienced, high-quality defense at a competitive value. We offer clear fee structures and focus on efficient, strategic work to achieve a favorable outcome, making skilled representation accessible for serious charges like machine gun offenses.
Related Legal Services: If you are facing other serious charges, you may need a Federal Criminal Defense Lawyer in New Jersey or a Felony Lawyer in New Jersey. For charges in nearby areas, see our page for a Machine Gun Offense Lawyer in Essex County.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding your machine gun offense case in Union County, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.
New Jersey law governs this practice area.
Your case in Union County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Union County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Union County NJ lawyers directory · Machine Gun Offense Defense Lawyer Bergen County, NJ · Machine Gun Offense Defense Lawyer Hudson County, NJ · Machine Gun Offense Defense Lawyer Monmouth County, NJ.