Carrying a Handgun Lawyer New Jersey — What Are Your Defense Options?
Carrying a handgun without a permit in New Jersey is a second-degree crime under N.J.S.A. 2C:39-5(b), punishable by 5-10 years in prison. A conviction carries a mandatory minimum sentence with parole ineligibility. If you are facing these severe charges, you need a dedicated carrying a handgun lawyer New Jersey from Law Offices Of SRIS, P.C.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
New Jersey Law on Carrying a Handgun
New Jersey has some of the strictest firearm laws in the nation. The core statute, N.J.S.A. 2C:39-5(b), makes it a crime to carry a handgun, including in a vehicle, without first obtaining a valid permit to carry. This is a second-degree crime. The law does not recognize permits from other states. Even if you have a concealed carry permit from another state, carrying in New Jersey without a New Jersey permit is illegal. The statute is part of New Jersey’s full gun control framework designed to severely restrict unlicensed possession.
Official Legal Resources
For the official text of the law, you can review N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures and rules are governed by the New Jersey Courts system. Understanding these resources is a first step, but handling the legal process requires experienced counsel.
Local Court Process for Gun Charges
In New Jersey, charges for unlawfully carrying a handgun are prosecuted in the Superior Court, Law Division, Criminal Part. These are not handled in municipal court. The process begins with an indictment by a grand jury. Prosecutors in counties like Bergen, Essex, and Monmouth often seek the mandatory prison terms associated with these charges. Early intervention by a skilled attorney is critical to challenge the state’s evidence before your case proceeds to trial.
- Arrest and initial detention, often with high bail set.
- Case presented to a grand jury for indictment.
- Pre-trial motions, including challenges to the search or seizure.
- Negotiations with the prosecutor for a potential plea to a lesser charge.
- If no agreement, preparation for trial in Superior Court.
- Sentencing, which for a second-degree conviction includes a mandatory period of parole ineligibility.
Penalties for Unlawfully Carrying a Handgun in NJ
In New Jersey, carrying a handgun without a permit is a second-degree crime with a mandatory minimum prison term.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Carrying a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years in state prison. Mandatory minimum term (typically 3-5 years) with no parole eligibility. | Up to $150,000 | Graves Act applies; permanent felony record; loss of firearm rights; immigration consequences for non-citizens. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of New Jersey gun charges and provide a defense focused on protecting your freedom. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients across New Jersey.
Case Results and Client Focus
While specific local case counts are not available for this topic, our firm’s extensive experience across New Jersey courts informs our defense strategies. We have successfully defended clients against serious felony charges by challenging unlawful searches, questioning police procedures, and negotiating for reduced charges when appropriate. Every case receives meticulous attention from filing through resolution.
Results may vary. Prior results do not guarantee a similar outcome.
Carrying a Handgun Lawyer Near Me New Jersey
Our New Jersey location serves clients across all 21 counties, including Bergen, Essex, Monmouth, and Morris. If you need an affordable carrying a handgun lawyer New Jersey, we offer 24/7 phone consultations to discuss your case. We represent clients at Superior Courts throughout the state.
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 — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for carrying a handgun without a permit in New Jersey?
It is a second-degree crime. The penalty is 5 to 10 years in state prison with a mandatory minimum period, often 3 to 5 years, during which you are not eligible for parole. You may also face a fine of up to $150,000.
Can I use a permit from another state in New Jersey?
No. New Jersey does not recognize concealed carry permits from any other state. Carrying a handgun in New Jersey with an out-of-state permit is a violation of N.J.S.A. 2C:39-5 and will lead to criminal charges.
What should I do if I am arrested for carrying a handgun?
Remain silent and ask for a lawyer immediately. Do not discuss the circumstances with the police. Contact a carrying a handgun lawyer New Jersey as soon as possible to begin building your defense. Early legal intervention is important for challenging evidence and protecting your rights.
Are there any defenses to a gun charge in New Jersey?
It depends. Common defenses include challenging the legality of the police stop or search that discovered the weapon, arguing you had a valid permit, or questioning whether the item qualifies as a “handgun” under the law. An experienced attorney will analyze all aspects of your case.
How can I find an affordable carrying a handgun lawyer New Jersey?
Contact Law Offices Of SRIS, P.C. We offer clear fee structures and payment plans. Our 24/7 consultation line at (888) 437-7747 allows you to discuss your case and options with a legal professional without any initial obligation.
If you are searching for a carrying a handgun lawyer near me New Jersey, our firm is ready to help. We defend clients across the state, from Bergen County to Cape May. For a strong defense against serious gun charges, call us today.
Related Pages: New Jersey Criminal Defense Lawyer | Federal Criminal Lawyer New Jersey | Drug Crimes Lawyer New Jersey
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.