Union County Possession of a Large Capacity Ammunition Feeding Device Lawyer — What Are Your Defense Options?
Possession of a large capacity ammunition feeding device in New Jersey is a serious crime under N.J.S.A. 2C:39-3(j), often charged as a fourth-degree offense with potential for 18 months in prison. In Union County, these charges are prosecuted aggressively in the Superior Court.
New Jersey Law on Large Capacity Ammunition Feeding Devices
New Jersey has some of the strictest firearm and device laws in the nation. The statute governing possession of a large capacity ammunition feeding device is N.J.S.A. 2C:39-3(j). This law makes it a crime to knowingly possess any magazine, belt, drum, feed strip, or similar device that can hold more than 10 rounds of ammunition for a semi-automatic firearm, or more than 5 rounds for a shotgun. There are very limited exceptions, such as for certain military, law enforcement, or antique firearms.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of New Jersey’s complex weapons statutes and the serious consequences a conviction can bring.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-3(j) (official New Jersey Legislature site). Court procedures and local rules for Union County can be found on the Union Vicinage website.
The Union County Court Process for Weapon Charges
Charges for possession of a large capacity ammunition feeding device in Union County are typically heard in the Superior Court, Law Division, Criminal Part, located in Elizabeth. The Union County Prosecutor’s Office handles these cases. The process begins with an indictment by a grand jury. Early intervention by a possession of a large capacity ammunition feeding device lawyer near me Union County is vital to challenge the indictment or negotiate a favorable resolution before trial.
- Arraignment: You will be formally charged and enter a plea of not guilty.
- Pre-Indictment Phase: Your attorney can file motions to suppress evidence or argue for dismissal before the case goes to a grand jury.
- Discovery: The prosecution must provide all evidence against you. Your lawyer will scrutinize police reports, lab analyses, and the chain of custody for the device.
- Pre-Trial Motions: Critical motions to suppress evidence from an illegal search or challenge the device’s classification are filed.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your attorney will advise on whether to negotiate a plea or proceed to trial.
- Sentencing: If convicted, your lawyer will advocate for the minimum possible sentence, which may include probation instead of prison.
Potential Penalties and Consequences
In Union County, possession of a large capacity ammunition feeding device is typically a crime of the fourth degree, carrying significant penalties that can impact your future.
| Offense | Classification | Incarceration | Fine | Collateral Consequences |
|---|---|---|---|---|
| Possession of a Large Capacity Ammunition Feeding Device | Crime of the 4th Degree* | Up to 18 months in state prison | Up to $10,000 | Permanent criminal record, loss of firearm rights, difficulty finding employment and housing, immigration consequences for non-citizens. |
*Can be enhanced to a third-degree crime under certain circumstances, such as possession with intent to sell.
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 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. This insight is important when building a defense against weapon possession charges. We focus on the specific facts of your case, from the initial traffic stop or search warrant to the forensic analysis of the device itself.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes for clients facing serious charges. While every case is unique, our approach is consistent: we conduct a thorough investigation, file aggressive pre-trial motions, and prepare every case as if it is going to trial. We have successfully argued for the suppression of illegally obtained evidence, challenged the state’s classification of devices, and negotiated reductions in charges.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Union County Residents
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.
Our New Jersey location serves clients throughout Union County, including Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield. We are accessible via the NJ Turnpike, Garden State Parkway, Route 22, and I-78. If you need an affordable possession of a large capacity ammunition feeding device lawyer Union County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only.
Frequently Asked Questions
What exactly is considered a “large capacity ammunition feeding device” in NJ?
It depends. Generally, it is any magazine, belt, drum, or similar device that can hold more than 10 rounds of ammunition for a semi-automatic firearm. For shotguns, the limit is 5 rounds. The specific design and functionality are often disputed in court.
Can I be charged if the device was in my car but not on my person?
Yes. New Jersey’s “constructive possession” doctrine means you can be charged if you knowingly had the ability and intention to control the device, even if it was in your glove box, trunk, or another person’s bag in your vehicle.
Are there any defenses to this charge?
Yes. Common defenses include challenging the legality of the search that found the device, arguing the device is not legally defined as “large capacity,” lack of knowledge that the device was in your possession, or demonstrating it qualifies for a statutory exemption (e.g., antique firearm).
What should I do if I’m arrested for this in Union County?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to police. Contact a possession of a large capacity ammunition feeding device lawyer Union County as soon as possible to begin building your defense.
Is this charge a felony?
In New Jersey, it is classified as a crime, not a misdemeanor or felony. A fourth-degree crime is the equivalent of a felony in other states and carries similarly severe penalties, including state prison time.
Can a first-time offender avoid jail time?
It depends on the specifics of the case, your background, and the strength of the defense. While prison is possible, an experienced attorney may be able to negotiate a probationary sentence or Pre-Trial Intervention (PTI) for eligible first-time offenders.
Related Legal Resources
If you are facing other criminal charges in Union County, our firm also handles DUI cases and federal criminal charges. For a broader view of our New Jersey practice, visit our New Jersey Criminal Defense hub page. We also represent clients in neighboring counties like Bergen County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.
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 · Possession of a Large Capacity Lawyer Bergen County · Possession of a Large Capacity Lawyer Hudson County · Possession of a Large Capacity Lawyer Monmouth County.