Possession or Use of a Machine Gun Lawyer in Passaic County, NJ
A charge for the possession or use of a machine gun in Passaic County is a second-degree crime under N.J.S.A. 2C:39-5a, carrying a mandatory minimum sentence of five years in state prison. Law Offices Of SRIS, P.C. provides immediate defense for these severe federal and state charges.
New Jersey Law on Machine Guns and Automatic Weapons
New Jersey has some of the nation’s strictest laws regarding firearms, with particularly severe penalties for machine guns and other automatic weapons. The primary statute, N.J.S.A. 2C:39-5a, makes it a crime of the second degree to knowingly possess a machine gun without being licensed or otherwise authorized. 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 to convert a weapon into a machine gun.
Last verified: April 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the aggressive prosecution these cases face. The law treats these weapons as inherently dangerous, and prosecutors in Passaic County seek maximum penalties.
Official Legal Resources
Defending a Machine Gun Charge in Passaic County
In the Passaic Vicinage, these high-stakes cases are handled in the Superior Court Law Division. Prosecutors from the Passaic County Prosecutor’s Office pursue these charges vigorously due to their mandatory prison terms. A key local procedural fact is that these cases often involve joint investigations with federal agencies like the ATF, complicating the defense. An automatic weapon charge defense lawyer Passaic County must be prepared to challenge the legality of the search, the weapon’s classification, and the defendant’s knowledge.
- Immediate Legal Intervention: Do not speak to investigators. Contact our firm immediately to protect your rights.
- Evidence Review: We will scrutinize the search warrant, seizure, and forensic analysis of the weapon for constitutional violations or errors.
- Motion Practice: File motions to suppress evidence obtained illegally and challenge the prosecution’s classification of the firearm.
- Negotiation or Trial: Pursue a reduction to a lesser charge or, if necessary, prepare a strong defense for trial focusing on lack of knowledge or possession.
Penalties for Machine Gun Possession in New Jersey
In Passaic County, possession of a machine gun is a second-degree crime with a mandatory minimum state prison term of five years, where parole ineligibility is between one-third and one-half of the sentence imposed.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun (N.J.S.A. 2C:39-5a) | Crime of the 2nd Degree | 5-10 years in State Prison (Mandatory Min. 5 yrs) | Up to $150,000 | Graves Act offense; parole ineligibility; permanent felony record; federal charges possible. |
| Use of a Machine Gun (During another crime) | Crime of the 1st Degree | 10-20 years in State Prison (Mandatory Min. 10-20 yrs*) | Up to $200,000 | Extended parole ineligibility under N.J.S.A. 2C:43-6c; consecutive sentencing likely. |
Results may vary. Prior results do not aim for a similar outcome.
*Sentencing varies based on the specific underlying crime.
Our Experience with Serious Weapons Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to building a strong defense against complex weapons charges. We approach each case with a detailed understanding of both New Jersey’s Graves Act and federal firearms laws. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%.
Case Results and Defense Strategy
While specific results for machine gun possession in Passaic County are not publicly listed, our firm’s approach to serious weapons charges involves a meticulous review of all evidence. We challenge the prosecution’s case on multiple fronts, from the initial stop and search to the technical classification of the firearm. A machine gun possession lawyer Passaic County from our team will work to protect your future.
Results may vary. Prior results do not aim for a similar outcome.
Passaic County Machine Gun Charge Defense
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 Passaic County courts, accessible via I-80, Route 46, and Route 23. We provide representation for a possession or use of a machine gun lawyer Passaic County needs throughout communities like Paterson, Clifton, Wayne, and Passaic City. 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(i)) defines a machine gun as any firearm that shoots more than one shot automatically without manual reloading by a single trigger function. This includes conversion kits or parts designed for that purpose.
Is possession of a machine gun a federal or state crime?
It can be both. You can be charged under New Jersey’s strict second-degree crime statute and simultaneously under federal law (National Firearms Act). Prosecution often involves cooperation between the Passaic County Prosecutor’s Office and federal ATF agents.
What are the mandatory penalties if convicted?
Conviction for possession under N.J.S.A. 2C:39-5a carries a mandatory minimum sentence of five years in New Jersey state prison, with significant parole ineligibility. Fines can reach $150,000.
Can the police search my car or home for a machine gun?
No, not without proper legal authority. Police generally need a warrant based on probable cause. A key defense is challenging the legality of the search. If evidence was obtained illegally, a motion to suppress can get the charge dismissed.
What should I do if I’m arrested for a machine gun charge?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements. Contact our firm at (888) 437-7747 for a 24/7 consultation. Early intervention by an experienced automatic weapon charge defense lawyer Passaic County is critical.
Related Legal Resources
If you are facing other serious charges in Passaic County, our firm can help. Learn more about federal criminal defense in Passaic County. For a broader understanding of New Jersey weapons laws, visit our New Jersey criminal defense hub. We also serve neighboring counties like Bergen County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a possession or use of a machine gun lawyer Passaic County relies on.