Possession or Use of a Machine Gun Lawyer in Burlington County, NJ
Possession or use of a machine gun in Burlington County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. These federal and state charges require immediate, focused defense. Law Offices Of SRIS, P.C. provides urgent representation for those facing automatic weapon charges. Contact a possession or use of a machine gun lawyer Burlington County at (888) 437-7747 for a 24/7 consultation.
Understanding Machine Gun Charges in New Jersey
New Jersey has some of the strictest firearm laws in the nation, and charges involving machine guns are treated with extreme severity. A machine gun is defined under state law as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. This includes fully automatic weapons and any device designed to convert a semi-automatic firearm into an automatic one.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
The primary statute governing these offenses is N.J.S.A. 2C:39-5, which makes it a crime to possess, manufacture, transport, or dispose of a machine gun without being licensed or otherwise authorized. The law is intentionally broad to encompass various aspects of illegal activity surrounding these weapons. Founded in 1997 by former prosecutor Mr. Sris, our firm understands the aggressive prosecution tactics used in these cases.
Official Legal Resources
For the exact statutory language, refer to the official New Jersey statute on firearms (N.J.S.A. 2C:39-5). For local court procedures and filing information, visit the Burlington Vicinage of the New Jersey Superior Court website.
Defending Machine Gun Charges in Burlington County
In Burlington County, these cases are prosecuted in the Superior Court, Law Division, and often involve coordination with federal authorities like the ATF. Prosecutors in the Burlington County Prosecutor’s Office pursue maximum penalties. A common local procedural fact is that these charges frequently arise from investigations initiated by local police departments in municipalities like Mount Holly, Evesham, or Willingboro, which then escalate to the county and federal level.
- Initial Arrest & Charges: You will be arrested, charged, and likely held on high bail due to the severity of the offense.
- First Appearance: You will appear in Superior Court for an initial hearing where bail conditions are reviewed.
- Pre-Indictment Phase: The prosecutor presents evidence to a grand jury to secure an indictment. Your attorney can present mitigating facts during this critical window.
- Pre-Trial Motions: Your lawyer will file motions to suppress illegally obtained evidence or challenge the legality of the search/seizure.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your attorney will negotiate for a reduced charge or prepare for a trial.
- Sentencing or Appeal: If convicted, aggressive advocacy at sentencing is important. An appeal may be necessary to challenge legal errors.
Potential Penalties for Machine Gun Offenses
In Burlington 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 | 2nd Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Parole ineligibility, permanent felony record, loss of firearm rights. |
| Use of a Machine Gun | 1st Degree Crime | 10-20 years (Graves Act applies) | Up to $200,000 | Extended parole ineligibility, severe federal implications. |
| Manufacturing/Selling | 2nd Degree Crime | 5-10 years | Up to $150,000 | Federal charges likely, asset forfeiture. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Serious Weapons Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to every case. We approach complex firearm charges with a detailed understanding of both state statutes and the operational realities of local courts. Our founding attorney, Mr. Sris, is a former prosecutor who understands the strategies used by the state.
Case Results & Client Advocacy
Our firm has a documented record of advocating for clients facing serious criminal allegations. While every case is unique, our approach is consistently thorough and aggressive. We scrutinize every detail of the prosecution’s evidence, from the legality of the traffic stop or search warrant to the chain of custody of the alleged weapon and the credibility of forensic analysis.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Machine Gun Defense Lawyers
Our New Jersey location serves clients at Burlington County courts. We are accessible via NJ Turnpike, I-295, and Route 130. If you need a machine gun possession lawyer Burlington County or an automatic weapon charge defense lawyer Burlington County, we are here to help.
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 communities throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. 24/7 phone consultations — (888) 437-7747 — meetings 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 shoots automatically more than one shot, without manual reloading, by a single trigger function. This includes conversion kits, parts, or any device designed to convert a firearm to automatic fire.
Is possession of a machine gun a federal or state crime?
It is both. You can be charged under New Jersey state law and federal law (26 U.S.C. § 5861). Prosecutors often work together. A conviction under either carries severe prison time. You need an attorney experienced in both state and federal courts to handle the dual jeopardy and sentencing issues.
What is the Graves Act and how does it apply?
The Graves Act (N.J.S.A. 2C:43-6c) mandates mandatory minimum prison terms for certain firearms offenses, including those involving machine guns. It requires a judge to impose a period of parole ineligibility, meaning you must serve a set portion of the sentence before becoming eligible for parole.
Can I get bail if charged with possession of a machine gun?
It depends. Bail is often set very high in these cases, and prosecutors may argue for detention without bail under the state’s preventive detention statute, claiming you pose a danger to the community. An experienced attorney can argue for reasonable bail conditions at your first appearance.
What are common defenses to a machine gun charge?
Defenses include challenging the legality of the search (Fourth Amendment), proving lack of knowledge or possession, demonstrating the firearm is not actually a machine gun, or asserting entrapment. The specific defense depends entirely on the facts of your case and the evidence against you.
Related Practice Areas: If you are facing other serious charges, our firm also handles federal crimes, DUI, and business law matters in Burlington County.
Other Locations: Our New Jersey defense attorneys also serve clients in Atlantic County, Camden County, and Bergen County.
Learn More: For a broader overview of our criminal defense practice, visit our New Jersey Criminal Defense hub page.
Page last verified and updated: 2026-04. Laws change frequently. The information on this page is for general understanding and should not be considered legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current, case-specific guidance.
For the full picture beyond Burlington County, our page on possession or use of a machine gun cases in New Jersey covers the process end to end.
Your case in Burlington 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 Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Burlington 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: Burlington 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.