Machine Gun Lawyer in Hudson County, NJ
Possession of an unregistered machine gun in Hudson County is a severe federal offense under the National Firearms Act (NFA), 26 U.S.C. § 5801 et seq., and state law, N.J.S.A. 2C:39-5, carrying mandatory prison time. As a former prosecutor, Mr. Sris of Law Offices Of SRIS, P.C. provides a strong defense for charges involving NFA-regulated weapons.
Statutory Definition of Machine Gun Offenses in New Jersey
In New Jersey, a “machine gun” is defined under N.J.S.A. 2C:39-1(i) as any firearm, mechanism, or instrument that can discharge more than one shot automatically, 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, or sale of such a weapon without proper federal registration and a tax stamp is strictly prohibited under both state and federal law. The federal National Firearms Act (NFA) imposes a separate, parallel layer of regulation and severe penalties.
Last verified: April 2026 | Superior Court of NJ, Hudson Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s firearms statutes, see N.J.S.A. 2C:39-1 et seq. (official New Jersey Legislature). For information on court procedures in Hudson County, visit the Superior Court, Hudson Vicinage website.
Insider Procedural Edge in Hudson County
Machine gun cases in Hudson County are typically prosecuted at the federal level by the U.S. Attorney’s Office for the District of New Jersey, often with assistance from the ATF. These cases may also involve concurrent state charges. The Hudson Vicinage Superior Court handles initial appearances and detention hearings for federal defendants arrested locally before transfer to federal court. Early intervention by a lawyer experienced in both federal and New Jersey gun law is critical.
- Initial Arrest & Federal Charges: You will likely be arrested on a federal criminal complaint and have an initial appearance before a U.S. Magistrate Judge.
- Detention Hearing: The government will often move for pretrial detention. Your lawyer must argue for release based on ties to the community and lack of flight risk.
- Grand Jury Indictment: The case proceeds to a federal grand jury. Your attorney can negotiate with prosecutors before indictment to potentially reduce charges.
- Pre-Trial Motions: Critical motions to suppress evidence (if from an illegal search) or to challenge the ATF’s classification of the firearm are filed.
- Plea Negotiations or Trial: Most federal cases end in a plea agreement. Your lawyer negotiates for a favorable outcome, avoiding mandatory minimums if possible.
- Sentencing: If convicted, federal sentencing follows strict guidelines. Mitigation evidence is presented to argue for a sentence below the guideline range.
Potential Penalties for Machine Gun Charges
In Hudson County, machine gun possession under federal law (26 U.S.C. § 5861) carries up to 10 years in federal prison and fines up to $250,000 per count; state charges under N.J.S.A. 2C:39-5 add a separate 5-10 year state prison term with a mandatory minimum parole ineligibility period.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Machine Gun (Federal – 26 U.S.C. § 5861) | Felony | Up to 10 years | Up to $250,000 | Loss of firearm rights | Forfeiture of weapon, federal supervised release |
| Possession of Machine Gun (State – N.J.S.A. 2C:39-5) | Second-Degree Crime | 5-10 years (Graves Act – mandatory min.) | Up to $150,000 | Loss of firearm rights | Parole ineligibility, permanent criminal record |
| Manufacture/Sale of Machine Gun | First-Degree Crime (State) | 10-20 years | Up to $200,000 | Loss of firearm rights | Enhanced federal charges possible |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to federal and state weapon cases. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the severe, life-altering consequences of a machine gun conviction and provide a defense focused on challenging evidence, negotiating with federal agencies, and protecting your future.
Case Results & Legal Advocacy
While specific results in Hudson County for machine gun charges are not publicly listed due to the sensitive nature of federal cases, our firm has a documented history of achieving favorable outcomes in firearm matters. We have successfully challenged ATF classifications, negotiated reductions from mandatory minimum sentences, and secured dismissals where search and seizure violations occurred. Every case is unique, and we dedicate our resources to pursuing a favorable result for your situation.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Hudson 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 at Hudson County courts. We are accessible via the NJ Turnpike, Route 1/9, and the Lincoln and Holland Tunnels. If you are searching for an affordable machine gun lawyer Hudson County, we offer 24/7 phone consultations at (888) 437-7747 — meetings are by appointment only. We serve communities throughout Hudson County including Jersey City, Hoboken, North Bergen, Union City, West New York, Secaucus, Bayonne, Kearny, Harrison, Weehawken, and Guttenberg.
Machine Gun Lawyer FAQs for Hudson County
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law (N.J.S.A. 2C:39-1(i)) defines a machine gun as any firearm that shoots more than one shot automatically without manual reloading per trigger function. This includes conversion kits or parts designed for that purpose. The federal definition under the NFA is similar but includes specific measurements for rate of fire.
Can I be charged in both state and federal court for the same machine gun?
It depends. Dual sovereignty allows separate prosecutions by state and federal governments for the same act. It is common for the federal government to take the lead on NFA violations, while New Jersey may also file state charges for possession of a prohibited weapon. An experienced lawyer can work to resolve both matters concurrently.
What are the defenses to a machine gun possession charge?
Potential defenses include challenging the legality of the search/seizure (Fourth Amendment), arguing the firearm does not meet the legal definition of a machine gun, proving lack of knowledge or possession, or demonstrating proper registration under the NFA (if applicable). Each defense requires detailed investigation and experienced analysis.
Is there a mandatory minimum sentence for machine gun possession in NJ?
Yes. Under New Jersey’s Graves Act (N.J.S.A. 2C:43-6(c)), possession of a machine gun is a second-degree crime with a mandatory minimum period of parole ineligibility set by the judge, typically between one-third and one-half of the base sentence (e.g., 42-60 months for a 10-year term).
How quickly should I contact a lawyer after a machine gun charge?
Immediately. Federal and state investigations move quickly. Early lawyer involvement is important to protect your rights during questioning, challenge pretrial detention, and begin building your defense strategy before evidence is solidified by the prosecution.
Related Legal Services: If you are facing other serious charges, our firm also handles federal criminal defense in Hudson County, business law matters, and DUI defense. For more information on our statewide practice, see our New Jersey civil litigation hub page.
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 case.
Your case in Hudson 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 Hudson County that is the Superior Court of NJ, Hudson Vicinage (3rd Vicinage), 583 Newark Avenue, Jersey City, NJ 07306, telephone (201) 748-4400, 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 Hudson 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: Hudson County NJ lawyers directory · Machine Gun Lawyer Bergen County, NJ · Machine Gun Lawyer Monmouth County, NJ.