Bergen County Possession of a Large Capacity Ammunition Feeding Device Lawyer — What Are Your Defenses?
Possession of a large capacity ammunition feeding device in New Jersey is a serious crime under N.J.S.A. 2C:39-3(j), classified as a fourth-degree offense carrying up to 18 months in prison. In Bergen County, these charges are prosecuted in the Superior Court, Law Division, Criminal Part. Law Offices Of SRIS, P.C. provides defense for individuals facing these firearm-related charges.
New Jersey Law on Large Capacity Ammunition Feeding Devices
New Jersey law strictly prohibits the possession of what it defines as a “large capacity ammunition magazine.” Under N.J.S.A. 2C:39-1(y), this is any box, drum, tube, or other container capable of holding more than 10 rounds of ammunition designed for a firearm. The possession statute, N.J.S.A. 2C:39-3(j), makes it unlawful to knowingly possess such a device. This is a crime of the fourth degree, but certain aggravating factors can elevate the severity. The law provides limited exceptions, such as for certain military, law enforcement, or historical display purposes, but these are narrowly construed.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to the New Jersey Statutes Annotated § 2C:39-3(j). For court procedures and forms in Bergen County, visit the New Jersey Courts website for the Bergen Vicinage.
Bergen County Court Process for Firearm Charges
Charges for possession of a large capacity ammunition feeding device in Bergen County begin with an arrest or summons. The case is heard in the Superior Court, Law Division, Criminal Part, located in Hackensack. Prosecutors in this vicinage take firearm offenses very seriously. A key local procedural fact is that the court often schedules early case management conferences to discuss discovery and potential motions, such as those to suppress evidence obtained from an unlawful search.
- Initial Appearance & Complaint: You will be formally charged via a complaint. An attorney can argue for your release on your own recognizance or for reasonable bail conditions.
- Pre-Indictment Phase: Your lawyer will review discovery, investigate the circumstances of the search or seizure, and may file pre-indictment motions to challenge the legality of the police conduct.
- Grand Jury & Indictment: For this fourth-degree crime, the state will present evidence to a grand jury to secure an indictment, formally moving the case to Superior Court.
- Post-Indictment Proceedings: Your attorney will engage in plea negotiations, file motions to dismiss or suppress evidence, and prepare for trial if a favorable resolution cannot be reached.
- Trial or Disposition: The case will proceed to a jury trial or be resolved through a negotiated plea agreement, potentially to a lesser charge.
- Sentencing: If convicted, your lawyer will advocate at sentencing to minimize penalties, arguing for probation instead of incarceration where possible.
Potential Penalties and Consequences
In Bergen County, possession of a large capacity ammunition feeding device is a fourth-degree crime with a presumption of non-incarceration for first-time offenders, but prosecutors often argue for jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Large Capacity Ammunition Feeding Device | Crime of the 4th Degree | Up to 18 months in state prison | Up to $10,000 | Loss of Firearms Purchaser ID Card; Permanent criminal record | Forfeiture of the device; Collateral immigration consequences; Difficulty securing employment/housing |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. We have handled thousands of criminal matters, developing a focused approach to defending firearm charges. We scrutinize the legality of searches, the chain of custody of evidence, and the specific application of New Jersey’s technical gun laws.
Case Results
Our firm has a documented record of achieving favorable outcomes in criminal cases. While specific results for possession of a large capacity ammunition feeding device lawyer Bergen County cases are protected by confidentiality, our overall approach is to challenge the state’s evidence aggressively. We examine whether the device meets the legal definition, if the possession was “knowing,” and if law enforcement violated your constitutional rights during the investigation.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Criminal Defense Lawyers
Our New Jersey location serves clients throughout Bergen County. We are accessible via I-80, the NJ Turnpike, and Route 17. If you need a possession of a large capacity ammunition feeding device lawyer near me Bergen 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) 651-3900
By appointment only.
We serve clients in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, Lyndhurst, and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What exactly is considered a “large capacity ammunition feeding device” in NJ?
Yes. Under N.J.S.A. 2C:39-1(y), it is any magazine, belt, drum, feed strip, or similar device capable of holding more than 10 rounds of ammunition for a firearm. This includes detachable magazines and certain fixed tubular magazines on rifles.
Can I go to jail for a first-time offense of possession?
It depends. A fourth-degree crime carries up to 18 months in prison. For first-time offenders, there is a presumption of non-incarceration under New Jersey’s sentencing guidelines. However, prosecutors can argue for jail time based on the circumstances, and a judge has discretion to impose a county jail sentence. An affordable possession of a large capacity ammunition feeding device lawyer Bergen County can fight to secure a probationary sentence.
What are common defenses to this charge?
Common defenses include challenging the legality of the search that discovered the device (Fourth Amendment violation), arguing the defendant did not “knowingly” possess it, proving the device is legally modified to hold 10 rounds or less, or establishing that an exception in the law applies (e.g., lawful transport to a shooting range).
Will this charge affect my ability to own any guns in the future?
Yes. A conviction for this offense will almost certainly lead to the permanent revocation of your New Jersey Firearms Purchaser Identification Card and any permits to purchase a handgun. It may also federally prohibit you from possessing firearms.
Is this charge eligible for Pretrial Intervention (PTI) in Bergen County?
It depends. PTI is a diversion program for first-time offenders. While firearm offenses are generally disfavored for PTI, admission is not absolutely barred. A skilled attorney can petition the court and prosecutor, arguing why your specific case merits this second chance, potentially skilled to a dismissal after program completion.
Related Legal Information
If you are facing other criminal charges in Bergen County, our firm also handles DUI defense and federal criminal cases. For a broader view of our New Jersey practice, visit our state criminal defense hub. We also represent clients in neighboring counties like Hudson County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Possession of a Large Capacity Lawyer Hudson County · Possession of a Large Capacity Lawyer Monmouth County.