Possession or Use of a Machine Gun Lawyer in Morris County, NJ — What Are Your Defenses?
A charge for the possession or use 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 state prison. This severe charge requires immediate action from a skilled possession or use of a machine gun lawyer. Law Offices Of SRIS, P.C.
Understanding New Jersey’s Machine Gun Laws
In New Jersey, the law treats machine guns and other automatic weapons with extreme severity. The primary statute governing this offense is N.J.S.A. 2C:39-5, which makes it a crime to knowingly possess, manufacture, transport, ship, sell, or dispose of a machine gun. The statute’s definition of a “machine gun” is broad, covering any firearm that can fire 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. The law’s intent is to prohibit weapons deemed to have no legitimate sporting or self-defense purpose.
Last verified: April 2026 | Superior Court of NJ, Morris Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and information, visit the Morris Vicinage website.
Facing a Machine Gun Charge in Morris County Court
Prosecutors in the Morris County Prosecutor’s Office pursue these charges aggressively due to their classification as violent crimes. The court process begins in the Superior Court, Law Division, where all second-degree crimes are heard. An automatic weapon charge defense lawyer Morris County must immediately challenge the legality of the search and seizure that led to the discovery of the alleged weapon. Many cases hinge on whether police had a valid warrant or probable cause. The defense may also examine whether the item in question meets the strict legal definition of a machine gun under state law.
- Initial Arrest & Charges: You will be charged with a second-degree crime. Do not make any statements to law enforcement without your attorney present.
- First Appearance & Detention Hearing: The court will advise you of the charges. Your lawyer will argue for your release pending trial, challenging the state’s case for detention.
- Pre-Indictment Phase: Your defense attorney will review discovery, file motions to suppress evidence, and negotiate with the prosecutor before the case is presented to a grand jury.
- Grand Jury Indictment: For a second-degree crime, the prosecutor must obtain an indictment from a grand jury. Your lawyer cannot be present but can advise you beforehand.
- Pre-Trial Motions & Plea Negotiations: Your attorney will file motions and engage in serious plea negotiations, potentially seeking a reduction to a lesser charge.
- Trial: If no plea agreement is reached, your case will proceed to a jury trial in Superior Court, where the state must prove guilt beyond a reasonable doubt.
Penalties for Machine Gun Possession in New Jersey
In Morris County, possession or use of a machine gun is a second-degree crime carrying a mandatory minimum state prison sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun (N.J.S.A. 2C:39-5) | Second-Degree Crime | 5 to 10 years in state prison (Graves Act applies: 42-60 months parole ineligibility) | Up to $150,000 | Permanent felony record, loss of firearm rights, immigration consequences, professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Serious Firearms Charges
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a machine gun possession charge and the aggressive tactics used by Morris County prosecutors. Our approach is built on meticulous case investigation, strategic motion practice, and leveraging every procedural advantage.
Case Results & Defense Strategy
While specific results for Morris County are not listed, our firm’s approach to serious weapons charges involves challenging the state’s evidence at every turn. A successful machine gun possession lawyer Morris County must attack the chain of custody, the qualifications of the state’s firearms experienced, and the validity of the initial stop or search. We have achieved dismissals and favorable resolutions in other serious cases by exposing weaknesses in the prosecution’s evidence and asserting our clients’ constitutional rights.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Morris 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) 651-3900
By appointment only.
Our New Jersey location serves clients at the Morris County Courthouse in Morristown. We represent individuals from Morristown, Parsippany, Dover, Randolph, Denville, Madison, Florham Park, Chatham, Boonton, Mount Olive, Roxbury, and Chester. If you need a possession or use of a machine gun lawyer near the Morris County Courthouse, we offer 24/7 phone consultations. Meetings are by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law (N.J.S.A. 2C:39-1) defines a machine gun as any firearm that can fire more than one shot automatically without manual reloading by a single trigger function. This includes conversion kits or parts designed to convert a firearm into a machine gun.
Is possession of a machine gun a federal or state crime?
It can be both. You can be charged under New Jersey state law in Morris County Superior Court and also face separate federal charges from the ATF and U.S. Attorney’s Office. The penalties and procedures differ significantly, requiring a defense attorney familiar with both systems.
What are the possible defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing the item does not meet the legal definition, lack of knowledge or possession, chain of custody issues, and entrapment. An automatic weapon charge defense lawyer Morris County will identify the strongest defense based on the evidence.
Does the Graves Act apply to machine gun charges?
Yes. Possession of a machine gun is a Graves Act offense. This means a conviction carries a mandatory minimum period of parole ineligibility, typically between 42 and 60 months, during which you must serve state prison time without the possibility of parole.
Can I get probation for a machine gun charge?
It is extremely unlikely for a straight conviction under N.J.S.A. 2C:39-5. The Graves Act mandates state prison. The primary path to avoiding prison is through a pre-trial plea negotiation to a significantly reduced, non-Graves Act charge, which may allow for probation.
Related Legal Help in Morris County
If you are facing other serious charges, we can help. Explore our pages for a federal criminal lawyer in Morris County or a DUI lawyer in Morris County. For broader New Jersey defense, see our New Jersey criminal defense hub.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
If you want to see how a Morris County case fits into the wider process, our page on possession or use of a machine gun lawyer New Jersey covers it from start to finish.
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 · 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.