Possession of Firearms in Drug Trafficking Crime Lawyer Bergen County — What Are Your Federal Defense Options?

Possession of a firearm in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c) is a severe federal offense prosecuted in the U.S. District Court for the District of New Jersey, carrying a mandatory minimum 5-year prison sentence consecutive to any drug penalty. Law Offices Of SRIS, P.C.

Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature

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Federal Law on Drugs and Guns

Federal law treats the combination of drugs and firearms with extreme severity. The primary statute is 18 U.S.C. § 924(c), which criminalizes using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime, or possessing a firearm in furtherance of such a crime. A “drug trafficking crime” is defined under 18 U.S.C. § 924(c)(2) and includes any felony punishable under the Controlled Substances Act (21 U.S.C. § 801 et seq.) or other federal drug laws. In the District of New Jersey, which includes Bergen County, these cases are typically investigated by the DEA, FBI, or ATF and prosecuted by the U.S. Attorney’s Office.

For detailed federal statutes, you can review the official U.S. Code at U.S. Government Publishing Office. Information on the federal court handling these cases is available at the U.S. District Court for the District of New Jersey website.

Initial Investigation & Arrest: Federal agents (DEA, FBI) execute search warrants, make arrests, and present evidence to a grand jury for indictment.
Initial Appearance & Detention Hearing: You appear before a U.S. Magistrate Judge. The court decides if you will be released or detained pending trial based on flight risk and danger.
Arraignment & Plea: You are formally charged and enter a plea of guilty or not guilty in the U.S. District Court.
Discovery & Pre-Trial Motions: Your attorney reviews all evidence and files motions to suppress evidence or dismiss charges based on constitutional violations.
Plea Negotiations or Trial: The U.S. Attorney may offer a plea deal. If no agreement is reached, the case proceeds to a jury trial.
Sentencing: If convicted, sentencing follows U.S. Sentencing Guidelines, with mandatory minimums for § 924(c) charges.

In federal court for Bergen County, a conviction for possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum sentence of 5 years in federal prison, which must run consecutively to any sentence for the underlying drug crime. Penalties escalate for subsequent convictions or if the firearm is a machinegun or destructive device.

Offense	Classification	Incarceration	Fine	License Impact	Additional Consequences
18 U.S.C. § 924(c) – First Offense	Federal Felony	Mandatory 5 years consecutive	Up to $250,000	Loss of firearm rights	Forfeiture of firearm; federal supervised release
18 U.S.C. § 924(c) – Subsequent Offense	Federal Felony	Mandatory 25 years consecutive	Up to $250,000	Loss of firearm rights	Forfeiture of firearm; federal supervised release
Underlying Drug Trafficking Crime (e.g., 21 U.S.C. § 841)	Federal Felony	Varies by drug type/quantity (e.g., 10 yrs-life)	Up to $10 million	N/A	Asset forfeiture; loss of federal benefits

Results may vary. Prior results do not guarantee a similar outcome.

Our Experience with Federal Drug and Gun Charges

Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. We understand the high-stakes nature of federal prosecutions where drugs and guns are involved. Our approach involves immediate intervention, often during the investigative stage, to protect your rights and challenge the government’s evidence before an indictment is secured. We scrutinize search warrant affidavits, challenge the alleged connection between the firearm and the drug crime, and explore all avenues for suppression of evidence or pre-trial dismissal.

Mr. Sris
Owner & CEO, Managing Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and firm founder, Mr. Sris provides strategic oversight on federal criminal defense matters. His background in accounting and information systems provides a distinct advantage in cases involving financial or technical evidence. He accepts a limited number of contested cases to ensure deep, strategic involvement.

Case Results and Defense Strategy

While specific results for possession of firearms in drug trafficking crime cases in Bergen County are not publicly listed, our firm-wide record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. In federal cases, favorable outcomes can include charges being dropped pre-indictment, suppression of key evidence skilled to reduced charges, or negotiating sentences below mandatory minimums through substantial assistance motions. Every case is unique, and we build a defense focused on the specific facts and legal vulnerabilities in the government’s case.

Results may vary. Prior results do not guarantee a similar outcome.

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) 651-9644
By appointment only.

Our New Jersey location serves clients facing federal charges in Bergen County. We are accessible via I-195, the Garden State Parkway, and NJ Turnpike. We provide representation for individuals in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, and surrounding communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.

FAQ: Possession of Firearms in Drug Trafficking Crime in Bergen County

What does the government have to prove for a § 924(c) charge in New Jersey?

The government must prove you committed a drug trafficking crime and that you used, carried, or possessed a firearm “in furtherance of” that crime. Mere possession of a gun near drugs is insufficient; there must be a specific nexus showing the gun helped advance the drug crime.

Are there defenses to a federal drug and gun charge?

Yes. Common defenses include challenging the legality of the search that found the gun or drugs, arguing the firearm was not connected to the drug activity, attacking the credibility of informants, or proving you lacked knowledge of the firearm’s presence. An armed drug trafficking lawyer Bergen County can identify the best defense based on your case details.

What is the difference between state and federal gun charges in drug cases?

State charges for guns and drugs are typically heard in Superior Court under N.J.S.A. 2C. Federal charges are prosecuted in U.S. District Court under U.S. Code. Federal penalties, especially mandatory minimums under § 924(c), are generally much more severe than state penalties for similar conduct.

Can I get bail on a federal drug and gun charge?

It depends. Federal courts hold a detention hearing to decide if you are a flight risk or danger to the community. For serious charges involving firearms and drugs, the prosecution will often seek detention. A strong argument for release with strict conditions is essential and requires immediate action by a drug and gun charge defense lawyer Bergen County.

What happens if I am charged under both state and federal law?

This is known as “dual sovereignty.” You can be prosecuted by both the State of New Jersey and the federal government for the same conduct. Typically, the federal government will take precedence, and state charges may be held or dropped. You need attorneys experienced in both systems to handle this situation.

For more information on related defenses, see our pages on Bergen County criminal defense and New Jersey federal criminal defense. You may also want to learn about Bergen County DUI defense.

Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current guidance.