Possession or Use of a Machine Gun Lawyer Gloucester County — What Are Your Defenses?
Possession or use of a machine gun in Gloucester County is a severe indictable crime under N.J.S.A. 2C:39-5, prosecuted in the Superior Court of NJ, Gloucester Vicinage. Conviction carries a mandatory minimum sentence of 5-10 years in state prison. Law Offices Of SRIS, P.C. provides a strong defense for these federal and state firearm charges.
New Jersey Law on Machine Guns
Last verified: April 2026 | Superior Court of NJ, Gloucester Vicinage | New Jersey Legislature
New Jersey has some of the strictest firearm laws in the nation. The possession, use, or sale of a machine gun is a second-degree crime under N.J.S.A. 2C:39-5(a). A machine gun is defined under N.J.S.A. 2C:39-1(i) as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. This includes fully automatic weapons and any parts designed to convert a semi-automatic firearm into an automatic one. The law is a strict liability statute in many respects, meaning your intent or knowledge about the weapon’s capabilities may not be a complete defense.
Official Legal Resources
For the official statute, see N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court proceedings for these charges are held at the Superior Court of NJ, Gloucester Vicinage in Woodbury.
Gloucester County Court Process for Machine Gun Charges
In Gloucester County, machine gun charges are indictable crimes (felony equivalents) handled by the Superior Court Criminal Division at 70 Hunter Street, Woodbury. The process begins with an investigation, often by the NJ State Police or a county prosecutor’s task force, which can lead to a grand jury indictment. New Jersey’s bail reform means pretrial release is determined by a Public Safety Assessment risk score, not cash bail.
- Investigation & Arrest: Law enforcement executes a search warrant or makes an arrest based on an investigation.
- Detention Hearing: A judge determines if you will be held pretrial based on a risk assessment, not bail money.
- Grand Jury Indictment: The Gloucester County Prosecutor presents evidence to a grand jury to secure a formal indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, challenge the weapon’s classification, or dismiss charges.
- Plea Negotiations or Trial: The case may be resolved through a negotiated plea or proceed to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing follows state guidelines, which include mandatory minimum prison terms.
Penalties for Machine Gun Charges in New Jersey
In Gloucester County, possession or use of a machine gun is a second-degree crime carrying a mandatory minimum state prison sentence of 5 to 10 years, with a presumption of imprisonment and significant fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | 2nd Degree Crime | 5-10 years (mandatory min) | Up to $150,000 | Graves Act applies; parole ineligibility; permanent felony record; loss of firearm rights. |
| Use of a Machine Gun | 2nd Degree Crime | 5-10 years (mandatory min) | Up to $150,000 | Enhanced penalties under Graves Act; potential federal charges. |
| Sale/Transfer of a Machine Gun | 2nd Degree Crime | 5-10 years (mandatory min) | Up to $150,000 | Separate charges for each weapon; federal investigation likely. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience with Complex Firearm Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the technical and legal nuances of firearm classification, which is often the key to defending against an automatic weapon charge. In Gloucester County, we have 9 total documented case results across all practice areas.
Case Results in Gloucester County
Our firm has a documented presence in Gloucester County courts. While specific results for machine gun charges are confidential, our overall approach in the jurisdiction focuses on challenging the prosecution’s evidence regarding the weapon’s functionality, the legality of the search and seizure, and the defendant’s knowledge and intent. We have achieved 9 total documented case results across all practice areas in Gloucester County with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Gloucester County Machine Gun Charge Defense
Our New Jersey location represents clients facing serious firearm charges in Gloucester County Superior Court. We serve clients in Woodbury, Washington Township, Deptford, Monroe Township, Mantua, West Deptford, Glassboro, Woolwich, Harrison Township, and Pitman.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
It is any firearm that shoots more than one shot automatically by a single trigger pull. This includes fully automatic weapons and conversion devices like “Glock switches” or “auto-sears.” The legal definition under N.J.S.A. 2C:39-1(i) is broad and technical.
Can I get bail for a machine gun charge in Gloucester County?
No, New Jersey abolished cash bail. Your pretrial release depends on a Public Safety Assessment risk score. For a serious second-degree crime like this, the prosecutor will likely seek pretrial detention, making a strong argument at your detention hearing important.
What are common defenses to an automatic weapon charge?
It depends on the facts. Defenses can include challenging the legality of the search (Fourth Amendment), proving the firearm was not functional as an automatic, demonstrating a lack of knowledge that the weapon was automatic, or questioning the chain of custody and forensic testing of the weapon. An automatic weapon charge defense lawyer Gloucester County can evaluate the best strategy.
Will I face federal charges for a machine gun?
Possibly. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) often investigates machine gun cases. You can face parallel prosecutions in both federal and New Jersey courts for the same conduct, which is a critical reason to hire an attorney experienced in both systems.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6c) mandates minimum periods of parole ineligibility for certain firearm offenses, including possession or use of a machine gun. It severely limits a judge’s discretion at sentencing, making a conviction at trial extremely risky.
Can a first-time offender avoid prison for machine gun possession?
It is very difficult due to the Graves Act mandatory minimums. However, a skilled machine gun possession lawyer Gloucester County may negotiate a plea to a non-Graves Act offense or pursue diversionary programs like Pre-Trial Intervention (PTI) in rare, qualifying circumstances, which can lead to dismissal.
For representation by a possession or use of a machine gun lawyer in Gloucester County, contact us. We also handle related matters like general criminal defense in Gloucester County and federal criminal defense. For other locations, see our New Jersey criminal defense hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Gloucester County, and our page on possession or use of a machine gun charges across Virginia walks through each stage.
Gloucester County cases follow the same route as the rest of the area, and our page on possession or use of a machine gun in Virginia explains each stage.
Your case in Gloucester 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 Gloucester County that is the Superior Court of NJ, Gloucester Vicinage (15th Vicinage), 70 Hunter Street, Woodbury, NJ 08096, telephone (856) 853-3200, 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 Gloucester 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: Gloucester 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.