Possession or Use of a Machine Gun Lawyer Cape May County — What Are Your Defenses?
A charge for the possession or use of a machine gun in Cape May County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. You need an experienced possession or use of a machine gun lawyer Cape May County immediately. Law Offices Of SRIS, P.C. provides a strong defense for these serious federal and state charges.
Understanding New Jersey Machine Gun Laws
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 weapons that have been modified to fire automatically. The law is exceptionally strict, and charges are not limited to military-style weapons; even certain modified semi-automatic firearms can fall under this definition.
Last verified: April 2026 | Superior Court of NJ, Cape May Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the severe implications of these charges. A conviction for possession or use of a machine gun carries mandatory prison time and will permanently alter your life. We approach every case with the urgency and detailed preparation it demands.
Official Legal Resources
For the official statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures in Cape May County, visit the Superior Court of New Jersey, Cape May Vicinage website.
Local Court Process for Machine Gun Charges in Cape May County
Machine gun charges in Cape May County are prosecuted in the Superior Court, Law Division, as they are indictable crimes (felonies). The Cape May County Prosecutor’s Office handles these cases aggressively, often in coordination with federal authorities like the ATF. The process is demanding and moves quickly from arrest to grand jury indictment.
- Arrest & Initial Appearance: You will be arrested and brought for a first appearance, where bail is set. These charges often result in high bail or detention hearings.
- Grand Jury Indictment: The case is presented to a grand jury. An indictment is almost certain for machine gun charges.
- Pre-Indictment Plea Negotiations: Your attorney may engage with the prosecutor before indictment to seek a reduction or dismissal of the most severe charges.
- Pre-Trial Motions: Your lawyer will file motions to suppress evidence, such as challenging the legality of the search that discovered the weapon.
- Trial or Disposition: If a favorable plea cannot be reached, the case proceeds to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing follows, where arguments are made to minimize the mandatory prison term.
Penalties for Machine Gun Possession or Use in New Jersey
In Cape May County, possession or use of a machine gun is a second-degree crime carrying a mandatory minimum sentence of one-third to one-half of the 5-10 year term, with parole ineligibility, plus severe fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (mandatory min. period) | Up to $150,000 | Graves Act applies; parole ineligibility; permanent felony record; loss of firearm rights. |
| Use of a Machine Gun | Second-Degree Crime | 5-10 years (mandatory min. period) | Up to $150,000 | Enhanced penalties under Graves Act; potential federal charges. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, we have the depth to handle high-stakes cases. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We provide a defense focused on challenging the prosecution’s evidence at every stage, from the legality of the search to the authenticity of the weapon’s classification.
Our Approach to Your Case
We begin by conducting an immediate, independent investigation. Was the search and seizure legal? Is the weapon truly a “machine gun” as defined by law, or can its classification be challenged? Were your rights violated during interrogation? We explore all avenues, including potential motions to suppress evidence, which are often the key to a favorable outcome in possession cases. We prepare every case as if it is going to trial, giving us the use needed in negotiations.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Cape May County Machine Gun Defense Lawyers
Our New Jersey location serves clients facing charges in Cape May County courts. We are accessible via the GSP and Route 9. If you need a machine gun possession lawyer Cape May County, contact us 24/7.
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.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
We serve Cape May Court House, Cape May, Wildwood, North Wildwood, Avalon, Stone Harbor, Sea Isle City, and Ocean City (NJ).
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
It is any firearm that fires more than one shot automatically with a single trigger pull. This includes converted semi-automatic weapons. The legal definition in N.J.S.A. 2C:39-1(i) is broad and technical.
Is possession of a machine gun a federal or state crime?
It can be both. You can be charged under New Jersey state law (N.J.S.A. 2C:39-5) and federal law (National Firearms Act). Prosecutors in Cape May County often work with the ATF, skilled to dual prosecution, which makes hiring an automatic weapon charge defense lawyer Cape May County essential.
What are the possible defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), proving you lacked knowledge of the weapon’s automatic capability, arguing the firearm does not meet the legal definition, or questioning the chain of evidence. Each case is unique.
Can I get probation for a machine gun charge in NJ?
No. New Jersey’s Graves Act mandates prison time for most firearm offenses, including possession or use of a machine gun. There are extremely limited exceptions, which require skilled legal argumentation.
Why do I need a focused lawyer for this charge?
These charges involve complex overlapping state and federal laws, forensic evidence, and severe mandatory penalties. A general criminal lawyer may lack the specific experience needed. A possession or use of a machine gun lawyer Cape May County focuses on the technical and procedural nuances that can make or break your case.
Related Legal Resources
If you are facing other serious charges, our firm also handles federal crimes and DUI offenses in Cape May County. For a broader view of our New Jersey practice, visit our New Jersey civil litigation hub. We also represent clients in neighboring areas like Atlantic County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Cape May County is one part of a statewide practice, and our page on possession or use of a machine gun lawyer New Jersey covers the process from start to finish.
Your case in Cape May 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 Cape May County that is the Superior Court of NJ, Cape May Vicinage (1st Vicinage), 9 North Main Street, Cape May Court House, NJ 08210, telephone (609) 463-6550, 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 Cape May 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: Cape May 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.