Carrying a Handgun Lawyer in Hunterdon County, NJ — What Are Your Defense Options?
Carrying a handgun without a permit is a serious crime in New Jersey, classified as a second-degree offense under N.J.S.A. 2C:39-5(b). A conviction can mean 5-10 years in state prison. If you are charged in Hunterdon County, you need immediate help from a carrying a handgun lawyer Hunterdon County. Law Offices Of SRIS, P.C.
New Jersey Law on Unlawful Possession of a Handgun
New Jersey has some of the strictest gun laws in the nation. The core statute, N.J.S.A. 2C:39-5(b), makes it a crime to carry a handgun in most public places without first obtaining a permit to carry. This is distinct from simply owning a firearm. The law presumes that any handgun found in a vehicle is under the control of the person occupying it, which can lead to charges even if the gun was not on your person.
Last verified: April 2026 | Superior Court of NJ, Hunterdon Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s gun laws, refer to the New Jersey Statutes (N.J.S.A. 2C:39-5). Court procedures and local rules for the Hunterdon Vicinage can be found on the New Jersey Courts website.
Facing a Handgun Charge in Hunterdon County Court
Prosecutors in the Hunterdon County Prosecutor’s Office take gun charges very seriously and often seek the maximum penalties. The procedural path for a second-degree offense begins with an indictment by a grand jury in the Superior Court, Law Division. Your case will not start in municipal court. An experienced carrying a handgun lawyer near me Hunterdon County understands that early intervention is critical. A strong defense may involve challenging the legality of the stop, search, or seizure that led to the discovery of the firearm. If the police violated your Fourth Amendment rights, the evidence may be suppressed.
- Arrest & Initial Detention Hearing: You will be held pending a detention hearing within 48 hours. Your lawyer must argue for your release under the least restrictive conditions.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure an indictment, moving the case to Superior Court.
- Pre-Indictment Plea Negotiations: Before indictment, your attorney may negotiate with the prosecutor to seek a reduction in charges, such as to a third-degree unlawful possession charge.
- Formal Arraignment & Discovery: After indictment, you are formally arraigned. Your lawyer will file motions to obtain all evidence and challenge its admissibility.
- Pretrial Motions & Hearings: Key motions to suppress evidence are filed and argued. Success here can lead to a dismissal.
- Trial or Final Disposition: If motions are unsuccessful, your case proceeds to a jury trial or a negotiated plea to a lesser offense.
Potential Penalties for Carrying a Handgun in NJ
In Hunterdon County, carrying a handgun without a permit is a second-degree crime carrying a mandatory minimum sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Carrying a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (Graves Act: 42-month min. parole ineligibility) | Up to $150,000 | Permanent felony record, loss of firearm rights, parole supervision. |
| Certain Persons Not to Possess Weapons (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5-10 years (with mandatory 5-year parole disqualifier) | Up to $150,000 | Enhanced penalty for prior convictions. |
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 a Graves Act gun charge and build defenses focused on the specific facts of your arrest and the actions of law enforcement.
Our Approach to Handgun Cases
We approach every gun charge by meticulously reviewing the arrest details. Was the traffic stop valid? Did police have probable cause to search the vehicle? Was the firearm properly identified and handled as evidence? We leave no stone unturned in seeking a dismissal or reduction of charges. Our goal is to protect your freedom and future.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Hunterdon County Gun Charge Lawyers
Our New Jersey location serves clients throughout Hunterdon County, including Flemington, Clinton, and Lambertville. We are accessible via I-78, Route 31, and Route 202. If you need an affordable carrying a handgun lawyer Hunterdon County, we offer 24/7 phone consultations to discuss your case.
Law Offices Of SRIS, P.C.
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.
FAQs: Carrying a Handgun Charges in NJ
What is the Graves Act in New Jersey?
Yes. The Graves Act is a New Jersey law that mandates state prison time for certain firearm offenses, including unlawful carrying of a handgun. It requires a judge to impose a mandatory minimum period of parole ineligibility, meaning you must serve a significant portion of the sentence before being eligible for release.
Can I get a permit to carry a handgun in New Jersey?
It depends. New Jersey is a “may-issue” state, and permits are very difficult to obtain for ordinary citizens. You must demonstrate a “justifiable need” to carry a handgun, which is more than a general fear for your safety. The application process is lengthy and involves extensive background checks.
What if the handgun wasn’t mine and I didn’t know it was in the car?
This is a common defense. New Jersey law requires the state to prove you knowingly possessed the firearm. An experienced carrying a handgun lawyer Hunterdon County can argue that you lacked knowledge and control over the weapon. The success of this defense depends heavily on the specific circumstances of your case.
Is there a diversion program for a first-time gun charge?
No. New Jersey’s Pretrial Intervention (PTI) program is generally not available for second-degree crimes like unlawful carrying of a handgun, especially under the Graves Act. However, a skilled attorney may negotiate a reduction to a third-degree charge for which PTI could become an option.
What should I do if I’m arrested for carrying a handgun?
Remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements to the police. Your only statement should be a request for an attorney. Then, contact a criminal defense lawyer who handles gun charges as soon as possible to begin building your defense.
Related Legal Services in Hunterdon County
If you are facing other criminal charges, our firm also provides representation for DUI/DWI, federal crimes, and business law matters. For more information on our statewide practice, visit our New Jersey criminal defense hub page. We also serve neighboring counties like Somerset and Warren.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Your case in Hunterdon 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 Hunterdon County that is the Superior Court of NJ, Hunterdon Vicinage (13th Vicinage), 65 Park Avenue, Flemington, NJ 08822, telephone (908) 824-9750, 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 Hunterdon 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: Hunterdon County NJ lawyers directory · Carrying a Handgun Defense Lawyer Bergen County, NJ · Carrying a Handgun Defense Lawyer Hudson County, NJ · Carrying a Handgun Defense Lawyer Monmouth County, NJ.