Carrying a Handgun Lawyer in Sussex County, NJ — What Are Your Options?
Carrying a handgun without a permit in Sussex County is a serious offense under N.J.S.A. 2C:39-5(b), typically a second-degree crime. A conviction can mean 5-10 years in state prison with a mandatory minimum parole ineligibility period. Law Offices Of SRIS, P.C. provides experienced defense for these charges. If you need a carrying a handgun lawyer Sussex County, contact us immediately for a consultation.
New Jersey Law on Unlawful Handgun Possession
New Jersey has some of the strictest firearm laws in the nation. The statute governing unlawful possession of a handgun is N.J.S.A. 2C:39-5(b). It states that any person who knowingly has in their possession any handgun, including one that is loaded or unloaded, without first having obtained a permit to carry the same, is guilty of a crime of the second degree. There are very limited exceptions, such as for certain law enforcement officers or while on one’s own premises or fixed place of business.
Last verified: April 2026 | Superior Court of NJ, Sussex Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and forms, visit the Sussex Vicinage court website.
Local Court Process for a Carrying a Handgun Charge
In Sussex County, these cases are heard in the Criminal Division of the Superior Court. The process is intensive. Prosecutors in the Sussex Vicinage take firearm charges extremely seriously, and early intervention by a skilled attorney is critical to challenge the state’s evidence and explore all procedural and substantive defenses.
- Arraignment & Initial Appearance: You will be formally advised of the charges and your rights. Bail conditions are set.
- Pre-Indictment Phase: Your attorney reviews discovery, files motions (e.g., to suppress evidence from an illegal search), and may negotiate with the prosecutor before the case goes to a grand jury.
- Grand Jury & Indictment: If the grand jury returns an indictment, the case proceeds in Superior Court.
- Pre-Trial Conferences: Your attorney engages in plea negotiations and argues pre-trial motions.
- Trial or Disposition: The case proceeds to trial or is resolved through a negotiated plea agreement.
- Sentencing: If convicted, sentencing occurs, where arguments for mitigating the mandatory minimum are presented.
Potential Penalties for Unlawful Handgun Carrying in NJ
In Sussex County, carrying a handgun without a permit is a second-degree crime carrying a state prison sentence of 5-10 years, with a mandatory period of parole ineligibility under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years State Prison (Graves Act applies) | Up to $150,000 | Mandatory minimum parole ineligibility (typically 3-5 years), permanent felony record, loss of firearm rights, professional licensing impacts. |
Results may vary. Prior results do not aim for 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 complex criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of Graves Act cases in New Jersey and provide aggressive, knowledgeable representation.
Our Approach to Carrying a Handgun Cases
We immediately work to secure our client’s release and then conduct a thorough investigation. We scrutinize the legality of the stop, search, and seizure. Was there probable cause? Was the search warrant valid? Were your Miranda rights violated? We file aggressive motions to suppress evidence and challenge the state’s case at every turn. Our goal is to have charges dismissed or reduced to avoid the Graves Act’s mandatory prison terms.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Sussex County Firearms Defense Lawyers
Our New Jersey location serves clients throughout Sussex County, including Newton, Sparta, Vernon, Franklin, Hamburg, Andover, Stanhope, and Hopatcong. We offer 24/7 phone consultations and meetings by appointment only.
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.
Carrying a Handgun Lawyer Sussex County FAQ
What is the Graves Act in New Jersey?
It is a law that mandates state prison time and a period of parole ineligibility for certain firearm offenses, including unlawful possession of a handgun. It severely limits a judge’s discretion in sentencing.
Can I get a permit to carry a handgun in Sussex County?
It depends. Following recent changes in law, it is possible to apply, but the process remains rigorous. You must demonstrate a justifiable need to carry a handgun, which is strictly interpreted. An attorney can advise on your specific eligibility and guide you through the application process.
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 law enforcement. Contact a criminal defense attorney who specializes in firearm charges as soon as possible to begin building your defense.
Are there any defenses to a carrying a handgun charge?
Yes. Common defenses include challenging the legality of the police stop or search (Fourth Amendment violations), lack of knowledge or possession, proving you were on your own premises, or demonstrating that the item was not a firearm as defined by law. Each case is unique.
Where can I find an affordable carrying a handgun lawyer near me Sussex County?
Law Offices Of SRIS, P.C. offers full defense for carrying a handgun charges. We provide clear fee structures and work diligently for every client. For a consultation, call us toll-free at (888) 437-7747 or locally at (609)-983-0003.
Related Legal Services in Sussex County: If you are facing other charges, we also handle DUI defense, federal crimes, and business law matters. For help across New Jersey, see our state criminal defense hub.
Page last verified: 2026-04. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.