Possession or Use of a Machine Gun Lawyer Bergen County — What Are the Defenses?
Possession or use of a machine gun in Bergen County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. This severe charge requires immediate action from a possession or use of a machine gun lawyer Bergen County. Law Offices Of SRIS, P.C. provides defense for these serious automatic weapon charges. Contact us 24/7 at (888) 437-7747.
New Jersey Law on Machine Guns and Automatic Weapons
New Jersey has some of the strictest firearms laws in the nation. The possession, manufacture, transport, shipment, or disposal of a machine gun is explicitly prohibited under state law. A “machine gun” is defined as any firearm capable of firing 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 statute makes very few exceptions, primarily for law enforcement and military personnel acting within official duties.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the gravity of these charges. An automatic weapon charge defense lawyer Bergen County must handle both state statutes and potential federal implications under the National Firearms Act.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures and forms for Bergen County can be found at the Superior Court of New Jersey, Bergen Vicinage website.
Bergen County Court Process for Machine Gun Charges
In Bergen County, a machine gun possession charge is handled in the Superior Court, Law Division-Criminal Part in Hackensack. These are indictable crimes (felonies), so your case begins with a complaint and proceeds to a grand jury for indictment. Prosecutors in this vicinage treat these cases with extreme seriousness due to public safety concerns. A machine gun possession lawyer Bergen County must be prepared for aggressive prosecution and seek early intervention.
- Initial Arrest & Complaint: You will be charged via complaint, likely held for a detention hearing.
- First Appearance & Detention Hearing: A judge determines if you will be released pending trial.
- Grand Jury Presentation: The prosecutor presents evidence to secure a formal indictment.
- Pre-Indictment Discovery & Negotiation: Your attorney reviews evidence and may negotiate before indictment.
- Post-Indictment Arraignment: You are formally arraigned on the indictment.
- Motion Practice & Trial: Your lawyer files motions to suppress evidence and prepares for trial.
Penalties for Machine Gun Possession in New Jersey
In Bergen County, possession of a machine gun is a second-degree crime carrying a mandatory minimum sentence under the Graves Act, with 5 to 10 years in state prison and a fine of up to $150,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Permanent forfeiture of firearms eligibility | Parole ineligibility (1/3 to 1/2 of sentence), federal charges possible |
| Use of a Machine Gun | First-Degree Crime | 10-20 years (Graves Act applies) | Up to $200,000 | Permanent forfeiture of firearms eligibility | Mandatory minimum parole ineligibility, certain federal mandatory minimums |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Serious Firearms Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our combined legal experience spans over 120 years. We approach every case with the understanding that a charge for possession or use of a machine gun can alter your life. Our firm’s founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by the state.
Case Results
While every case is unique, our firm has a documented record of achieving favorable outcomes in serious criminal matters. We have secured dismissals, not guilty verdicts, and charge reductions in cases involving evidence and aggressive prosecution.
Results may vary. Prior results do not guarantee a similar outcome.
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 Bergen County courts. We represent individuals in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, and surrounding communities. For a machine gun lawyer near Bergen County, call for 24/7 phone consultations — (888) 437-7747 — meetings are by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
It depends. The law defines it as any firearm that shoots automatically more than once with a single trigger pull. This includes conversion kits, parts, or any weapon that can be readily restored to fire automatically. The definition is broad and often a point of contention for an automatic weapon charge defense lawyer Bergen County.
Can I get bail if charged with possession of a machine gun?
No, not automatically. New Jersey’s bail reform uses a pretrial detention system. For second-degree crimes like machine gun possession, the prosecutor will likely file a motion to detain you. Your lawyer must argue for your release at a detention hearing.
Does the Graves Act apply to machine gun charges?
Yes. The Graves Act mandates a period of parole ineligibility for certain firearms offenses, including possession of a machine gun. This means you must serve a minimum portion of your sentence (between one-third and one-half) before becoming eligible for parole.
Can I be charged federally and by New Jersey for the same gun?
Yes. Dual sovereignty allows both state and federal prosecutors to charge you for the same conduct. A machine gun possession lawyer Bergen County must be prepared to defend against charges in both systems, which often involves much harsher federal penalties.
What are common defenses to a machine gun charge?
Defenses include challenging the legality of the search (Fourth Amendment), proving you lacked knowledge of the weapon’s automatic capability, demonstrating the item is not a functional machine gun, or asserting applicable law enforcement exemptions. Each defense is highly fact-specific.
Related Legal Help in Bergen County
If you are facing other serious charges, we also provide defense for federal crimes, drug offenses, and assault charges in Bergen County. For broader New Jersey resources, see our New Jersey criminal defense hub. We also serve clients in neighboring areas like Hudson County and Passaic County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Bergen County, and our page on possession or use of a machine gun charges across New Jersey walks through each stage.
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 or Use of a Machine Gun Lawyer Hudson County, NJ · Monmouth County NJ Possession or Use of a Machine Gun Lawyer.