Possession or Use of a Machine Gun Lawyer Ocean County — What Are Your Defenses?
Possession or use of a machine gun in Ocean County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. Law Offices Of SRIS, P.C. provides defense for these severe automatic weapon charges. A conviction carries a mandatory minimum sentence and forfeiture of the firearm. You need a possession or use of a machine gun lawyer in Ocean County immediately.
New Jersey Law on Machine Guns and Automatic Weapons
New Jersey has some of the strictest firearm laws in the nation. The possession, manufacture, transport, shipment, sale, or disposal of a machine gun is expressly prohibited. A “machine gun” is defined under state law as any firearm capable of firing more than one shot, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun.
Last verified: April 2026 | Superior Court of NJ, Ocean Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the aggressive prosecution of weapons offenses. The statute leaves little room for error, making the guidance of a machine gun possession lawyer in Ocean County critical from the first interaction with law enforcement.
Official Legal Resources
For the exact statutory language, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature). Court procedures and local rules for Ocean County can be found at the Ocean Vicinage website.
Local Court Process for Machine Gun Charges in Ocean County
Charges for possession or use of a machine gun are heard in the Superior Court, Law Division, Criminal Part, in Toms River. These are indictable offenses (felonies) that begin with a complaint and proceed to a grand jury. Prosecutors in Ocean County treat these cases with extreme seriousness due to the potential for public danger.
- Arrest & Complaint: You will be arrested, and a criminal complaint detailing the charges will be filed.
- First Appearance & Detention Hearing: A judge will advise you of the charges and determine if you will be released or detained pending trial. Given the severity, the state will likely seek detention.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury. If they return an indictment, the case proceeds in Superior Court.
- Pre-Trial Conferences & Discovery: Your attorney will file motions, review all evidence (discovery), and engage in plea negotiations.
- Trial or Disposition: If no plea agreement is reached, the case will proceed to a jury trial in the Ocean County Courthouse.
Penalties for Machine Gun Possession in New Jersey
In Ocean County, possession or use of a machine gun is a second-degree crime carrying a prison sentence of 5 to 10 years, with a mandatory minimum term of parole ineligibility between one-third and one-half of the sentence imposed.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Crime of the 2nd Degree | 5-10 years (with mandatory min.) | Up to $150,000 | Forfeiture of firearm, permanent criminal record, loss of firearm privileges, Graves Act sentencing. |
| Use of a Machine Gun | Crime of the 2nd Degree | 5-10 years (with mandatory min.) | Up to $150,000 | Same as above, with enhanced parole disqualifiers. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Weapons Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to building defenses against the most serious charges. We approach each case by meticulously examining the circumstances of the seizure, the legality of the search, the functionality of the weapon, and the intent of the accused. A possession or use of a machine gun lawyer from our firm will work to protect your rights and future.
Case Results & Client Advocacy
Our firm has a documented record of achieving favorable outcomes in complex criminal cases. While specific results depend on unique case facts, our strategic approach focuses on challenging evidence, negotiating for reduced charges, and, when necessary, vigorously defending clients at trial.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Ocean 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) 837-1900
By appointment only.
Our New Jersey location serves clients across Ocean County. We are familiar with the Ocean County Courthouse in Toms River and the prosecutors who handle these cases. If you need a machine gun possession lawyer in Ocean County near Toms River, Lakewood, Brick Township, or Jackson Township, we provide accessible representation. 24/7 phone consultations are available at (888) 437-7747 — meetings are by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law defines it as any firearm that shoots more than one shot automatically, without manual reloading, by one trigger pull. This includes conversion kits or parts designed for that purpose.
Is there any legal way to possess a machine gun in NJ?
It depends, but it is extremely rare. Exceptions exist for certain military, police, or historical display purposes with specific federal and state licenses, but these are not available to private citizens for personal possession. An automatic weapon charge defense lawyer in Ocean County can review if any exception might apply.
What should I do if I’m arrested for a machine gun charge?
Remain silent and ask for a lawyer immediately. Do not discuss the case or the firearm with anyone. Contact a possession or use of a machine gun lawyer in Ocean County as soon as possible to begin building your defense.
What are the main defenses to this charge?
Common defenses include challenging the legality of the search/seizure (4th Amendment), arguing the firearm was not functional as a machine gun, proving lack of knowledge or possession, or demonstrating improper police procedure. A skilled lawyer will identify the best strategy.
Can I get probation instead of prison?
It is very difficult. New Jersey’s Graves Act mandates prison time for most firearms offenses, including machine gun possession. However, a lawyer may argue for a downgrade or negotiate for the lowest possible mandatory term.
Related Legal Help in Ocean County
If you are facing other serious charges, our firm also handles federal crimes, drug offenses, and assault charges in Ocean County. For other counties, see our pages for a civil litigation lawyer in Atlantic County or a civil litigation lawyer in Bergen County. Learn more about our firm’s approach on our attorney profile page.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding possession or use of a machine gun lawyer Ocean County services.