Possession or Use of a Machine Gun Lawyer in Somerset County, NJ
Possession or use of a machine gun in New Jersey is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison with a presumption of imprisonment. In Somerset County, these cases are prosecuted aggressively in the Superior Court. Law Offices Of SRIS, P.C. provides defense for these serious charges. Call (888) 437-7747 for a 24/7 consultation.
New Jersey Law on Machine Guns
New Jersey has some of the strictest firearm laws in the nation. The possession, manufacture, transport, shipment, or disposal of a machine gun is explicitly prohibited. The law defines a machine gun as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun.
Last verified: March 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined legal experience. The firm’s background in serious criminal defense is critical for handling the severe penalties associated with automatic weapon charges.
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures for Somerset County are managed by the Superior Court of NJ, Somerset Vicinage.
Defending Machine Gun Charges in Somerset County
An automatic weapon charge defense lawyer Somerset County must understand both the technical definitions in the law and the local court procedures. In Somerset County, all indictable crimes like machine gun possession are handled by the Superior Court Criminal Division in Somerville. Prosecutors from the Somerset County Prosecutor’s Office handle these cases and often seek severe penalties.
- Initial Arrest & Charges: You will be charged with a second-degree crime. The case begins with a complaint/warrant.
- First Appearance & Detention Hearing: Under NJ’s bail reform, a judge will determine pretrial release based on a Public Safety Assessment risk score, not cash bail.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure a formal indictment.
- Pretrial Motions & Discovery: Your lawyer files motions to suppress evidence and challenges the legality of the search/seizure.
- Plea Negotiations or Trial: The case may resolve through a negotiated plea to a lesser charge or proceed to a jury trial.
- Sentencing: If convicted, sentencing follows state guidelines, with a presumption of imprisonment for second-degree crimes.
Penalties for Machine Gun Possession in NJ
In Somerset County, possession or use of a machine gun is a second-degree crime carrying 5 to 10 years in state prison, a fine of up to $150,000, and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Loss of Firearm Purchaser ID & Permits | Permanent felony record, federal implications, forfeiture of weapon. |
| Use of a Machine Gun | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Loss of Firearm Purchaser ID & Permits | Graves Act mandatory minimum parole ineligibility may apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Serious Firearms Charges
Law Offices Of SRIS, P.C. was founded in 1997. The firm’s combined legal experience exceeds 120 years. We have a documented record of handling criminal cases, including those involving serious weapons charges. Our approach involves a detailed review of the search and seizure that led to the charge, examination of the firearm’s functionality, and challenging the prosecution’s evidence chain.
Case Results
While specific results for machine gun possession in Somerset County are not listed, our firm-wide practice includes a strong record in criminal defense. Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Machine Gun Charge Defense in Somerset County
Our New Jersey location serves clients facing charges at the Somerset County Superior Court in Somerville. We represent individuals in communities like Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 334-7465
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a machine gun under New Jersey law?
It is any firearm that shoots more than one shot automatically without manual reloading by a single trigger function. This includes conversion kits.
Is possession of a machine gun a federal or state crime in NJ?
It can be both. New Jersey state charges are severe, but federal charges under the National Firearms Act may also apply, skilled to separate prosecutions and longer sentences.
What are the main defenses to a machine gun possession charge?
Defenses include challenging the legality of the search (Fourth Amendment), proving the firearm is not a functional automatic weapon, lack of knowledge or possession, and evidence chain of custody issues.
Can I get bail for a machine gun charge in Somerset County?
No. New Jersey abolished cash bail. Pretrial release is decided by a judge using a risk assessment score. For a second-degree crime, detention is likely.
Why do I need a machine gun possession lawyer Somerset County?
These charges involve technical definitions, severe mandatory penalties, and aggressive local prosecution. A focused lawyer understands how to challenge the evidence and handle the specific procedures of Somerset County Superior Court.
Does New Jersey have a “stand your ground” law for self-defense with a firearm?
No. New Jersey does not have a “stand your ground” law. The use of force, especially deadly force, is governed by a duty to retreat if safely possible, except in one’s home.
Related Legal Information
If you are facing a machine gun charge, you may need to understand related areas. Our firm also handles New Jersey criminal defense. For charges in nearby areas, see our pages for Hunterdon County criminal defense and Morris County criminal defense. In Somerset County, we also assist with DUI/DWI charges and immigration matters.
Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Somerset County is one part of a statewide practice, and our page on possession or use of a machine gun lawyer New Jersey covers the process from start to finish.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset County NJ lawyers directory · Possession or Use of a Machine Gun Lawyer Bergen County, NJ · Possession or Use of a Machine Gun Lawyer Hudson County, NJ · Monmouth County NJ Possession or Use of a Machine Gun Lawyer.