Machine Gun Offense Lawyer Somerset County — What Are Your Defense Options?
Possession of a machine gun in Somerset County 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. Law Offices Of SRIS, P.C. provides a strong defense for these serious federal and state charges. Our firm has handled 4,739+ documented case results firm-wide.
New Jersey and Federal Machine Gun Laws
New Jersey strictly prohibits the possession, manufacture, transport, or sale of machine guns. A machine gun is defined under state law as any firearm capable of firing more than one shot, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun. The primary statute is N.J.S.A. 2C:39-5, which classifies possession as a second-degree crime. Federally, the National Firearms Act (NFA) and the Gun Control Act of 1968 impose separate, severe penalties, including mandatory minimum sentences and substantial fines, prosecuted in the U.S. District Court for the District of New Jersey.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
External Legal Resources
- N.J.S.A. 2C:39-5 (official New Jersey Legislature) – The state statute prohibiting machine guns.
- Superior Court of NJ, Somerset Vicinage – Official court website for case information and procedures.
Local Court Process for Machine Gun Charges in Somerset County
Machine gun offenses in Somerset County are typically investigated by the Somerset County Prosecutor’s Office, often with assistance from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These are high-priority cases. Given New Jersey’s abolition of cash bail, a detention hearing will be held shortly after arrest to determine if you will be released pending trial based on a Public Safety Assessment risk score.
- Initial Arrest & Detention Hearing: You will be arrested, processed, and have a detention hearing within 48 hours at the Somerset County Courthouse to determine release conditions.
- Grand Jury Indictment: As a second-degree crime, the case will be presented to a grand jury at the Somerset County Superior Court. An indictment is required to proceed.
- Discovery & Pre-Trial Motions: Your attorney will obtain all evidence (police reports, ATF forms, firearm analysis) and file motions to suppress evidence obtained illegally or challenge the classification of the firearm.
- Plea Negotiations or Trial: The prosecution may offer a plea to a lesser charge. If no agreement is reached, the case proceeds to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing occurs before a Superior Court judge, with penalties guided by the New Jersey Code of Criminal Justice.
Potential Penalties for a Machine Gun Conviction
In Somerset County, a machine gun offense is a second-degree crime carrying 5-10 years in New Jersey state prison, with a presumption of imprisonment and significant fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Machine Gun (State) | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Permanent forfeiture of firearm privileges | Graves Act mandatory minimum; federal prosecution possible |
| Unlawful Transfer/Sale | Second-Degree Crime | 5-10 years | Up to $150,000 | Permanent forfeiture of firearm privileges | Separate charges per firearm |
| Federal NFA Violation | Felony | Up to 10 years (plus mandatory minimums) | Up to $250,000 | Federal firearm prohibition | Asset forfeiture; separate tax penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our “Advocacy Without Borders” approach means we handle intricate state and federal weapon charges. We understand the severe implications of a machine gun charge and work to protect your rights and future from the initial investigation through trial.
Case Results & Firm Experience
SRIS actively practices in Somerset County. Firm-wide, our attorneys have handled 4,739+ documented case results with over 93% favorable outcomes. While specific results are confidential, our team has extensive experience defending against serious weapon charges, achieving dismissals, charge reductions, and favorable plea agreements where appropriate. Our affordable machine gun offense lawyer Somerset County team provides dedicated representation.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Somerset County Machine Gun Defense Lawyers
Our New Jersey location serves clients at Somerset County courts. We represent individuals in Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. If you need a machine gun offense lawyer near me Somerset County, we offer 24/7 phone consultations.
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) 637-5248
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a machine gun in New Jersey?
Yes. Under N.J.S.A. 2C:39-1, a machine gun is any firearm that shoots more than one shot automatically, without manual reloading, by a single trigger pull. This includes conversion kits, parts, or combinations designed to convert a firearm into a machine gun. Even possession of a part intended for conversion can lead to charges.
Can I be charged federally and by the state for the same machine gun?
Yes. Dual sovereignty allows both the State of New Jersey and the federal government to prosecute you for the same act of possessing a machine gun. You could face separate trials and consecutive sentences. This makes hiring an attorney experienced in both state and federal courts, like Mr. Sris, critically important.
What are common defenses to a machine gun charge?
It depends on the facts. Defenses may include challenging the legality of the search and seizure (Fourth Amendment), proving the firearm does not meet the legal definition of a machine gun, lack of knowledge or possession, or demonstrating the item is a legally registered NFA firearm (which is exceptionally rare in NJ). An early case analysis is key.
Does New Jersey have cash bail for machine gun offenses?
No. New Jersey abolished cash bail. For a second-degree crime like machine gun possession, a judge will hold a detention hearing and decide release based on a risk assessment of flight and danger. Given the severity, pretrial detention is common, making skilled legal argument at this hearing essential.
What is the Graves Act and how does it apply?
The Graves Act (N.J.S.A. 2C:43-6) mandates a period of parole ineligibility for certain firearm offenses, including machine gun possession. For a second-degree crime, it requires a judge to impose a minimum term of between one-third and one-half of the sentence before parole eligibility, often 3-5 years.
Related Legal Information
If you are facing other serious charges, our firm also provides defense for federal crimes in Somerset County and general criminal defense in Somerset County. For a broader view of our practice, visit our New Jersey criminal defense hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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 · Machine Gun Offense Defense Lawyer Bergen County, NJ · Machine Gun Offense Defense Lawyer Hudson County, NJ · Machine Gun Offense Defense Lawyer Monmouth County, NJ.