Machine Gun Lawyer in Morris County, NJ — What Are Your Legal Options?
Possession of a machine gun in Morris County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. The Law Offices Of SRIS, P.C. provides defense for these serious federal and state charges. As a former prosecutor, Mr. Sris understands the technical interplay between New Jersey law and the National Firearms Act.
New Jersey Law on Machine Guns
In New Jersey, machine guns are strictly prohibited under state law. The statute defines a machine gun as any firearm that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. This includes parts designed and intended for converting a weapon into a machine gun. Possession, manufacture, transport, shipment, sale, or disposal of a machine gun is a crime of the second degree.
Last verified: April 2026 | Superior Court of NJ, Morris Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s firearms statutes, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature). For court procedures and forms in Morris County, visit the Morris Vicinage website (New Jersey Courts).
Local Defense Strategy in Morris County
Defending a machine gun charge in Morris County requires immediate action. The Superior Court Law Division handles these indictable crimes. Prosecutors in the Morris County Prosecutor’s Office pursue these cases aggressively due to their severity. An experienced machine gun lawyer near me Morris County will scrutinize the legality of the search and seizure, challenge the weapon’s classification, and explore all procedural defenses.
- Secure Immediate Representation: Do not speak to investigators. Contact an attorney to invoke your right to counsel as early as possible.
- Case Analysis: Your lawyer will review the charges, evidence, and circumstances of the arrest to identify defense angles.
- Motion Practice: File pre-trial motions to suppress evidence obtained through an unlawful search or to challenge the chain of custody.
- Negotiation & Trial: Work with your attorney to pursue a favorable plea agreement if appropriate, or prepare a vigorous defense for trial.
Potential Penalties for Machine Gun Charges
In Morris County, a machine gun charge is a second-degree crime carrying a state prison sentence of 5 to 10 years, with a mandatory minimum period of parole ineligibility under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Machine Gun | 2nd Degree Crime | 5-10 years (State Prison) | Up to $150,000 | Graves Act mandatory minimum; permanent firearm forfeiture; felony record. |
| Unlawful Transfer/Sale | 2nd Degree Crime | 5-10 years (State Prison) | Up to $150,000 | Same as above; potential federal charges. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Complex Weapons Charges
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the severe implications of weapons charges and provide a focused defense strategy from our New Jersey location.
Case Results & Client Advocacy
The Law Offices Of SRIS, P.C. is committed to vigorous client defense. While specific results in Morris County for this charge are not publicly listed, our firm’s approach is built on meticulous case preparation and leveraging procedural knowledge. We analyze every detail, from the initial investigation to courtroom procedure, to protect our clients’ rights and futures.
Results may vary. Prior results do not guarantee a similar outcome.
Local Morris County Defense
Our New Jersey location serves clients at Morris County courts. We represent individuals from Morristown, Parsippany, Dover, Randolph, Denville, Madison, Florham Park, Chatham, Boonton, Mount Olive, Roxbury, and Chester. If you need a dedicated affordable machine gun lawyer Morris County, we offer 24/7 phone consultations to discuss your case and options.
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) 651-9900
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Machine Gun Charge FAQs in Morris County
Is possession of a machine gun always a felony in New Jersey?
Yes. Under N.J.S.A. 2C:39-5, possession of a machine gun is always a second-degree crime, which is an indictable felony offense in New Jersey, regardless of the defendant’s intent or prior record.
What is the Graves Act and how does it apply?
It depends. The Graves Act (N.J.S.A. 2C:43-6c) mandates a period of parole ineligibility for certain firearms offenses. For a second-degree machine gun possession charge, it typically requires a minimum of 42 months (3.5 years) in prison before parole eligibility. An experienced Machine Gun lawyer Morris County can argue for a Graves Act waiver under limited circumstances.
Can I be charged federally and by New Jersey for the same gun?
Yes. This is known as dual sovereignty. The federal government can prosecute under the National Firearms Act (NFA), and the State of New Jersey can prosecute under its own laws for the same conduct, as they are separate sovereigns. You need a lawyer familiar with both systems.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the search that found the weapon, arguing the firearm does not meet the legal definition of a machine gun, proving lack of knowledge or possession, or demonstrating improper chain of custody of the evidence. Each case is unique.
How quickly should I contact a lawyer after an arrest?
Immediately. The earlier an attorney is involved, the better they can protect your rights during questioning, secure your release, and begin building your defense. Do not discuss your case with anyone before speaking to your lawyer.
Last verified: April 2026. Information current as of 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Morris 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 Morris County that is the Superior Court of NJ, Morris Vicinage (14th Vicinage), Washington & Court Streets, Morristown, NJ 07960, telephone (973) 656-4000, 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 Morris 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: Morris County NJ lawyers directory · Machine Gun Lawyer Bergen County, NJ · Machine Gun Lawyer Hudson County, NJ · Machine Gun Lawyer Monmouth County, NJ.