Carrying a Handgun Lawyer in Middlesex County, NJ — What Are Your Defense Options?
Unlawfully carrying a handgun in Middlesex County is a serious offense under N.J.S.A. 2C:39-5, potentially a second-degree crime with mandatory prison. If you are charged, you need immediate legal help from a carrying a handgun lawyer Middlesex County. Law Offices Of SRIS, P.C. provides urgent defense for charges in New Brunswick and Edison. Call (888) 437-7747 for a 24/7 consultation.
New Jersey Law on Unlawful Handgun Possession
New Jersey has some of the strictest gun laws in the nation. The core statute governing unlawful possession of a handgun is N.J.S.A. 2C:39-5. This law makes it a crime to carry a handgun, including in a vehicle, without first obtaining a valid permit to carry. There is no “grace period” for new residents, and permits from other states are not recognized. The statute is part of New Jersey’s full firearms code, which strictly regulates possession, purchase, and transport.
Last verified: April 2026 | Superior Court of NJ, Middlesex Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and forms, visit the Middlesex Vicinage website.
The Local Court Process for a Gun Charge in Middlesex County
Gun charges in Middlesex County are prosecuted in the Superior Court, Law Division – Criminal Part, located in New Brunswick. These cases are treated with high priority by the Middlesex County Prosecutor’s Office. The process typically begins with an indictment by a grand jury. Given the severity of the charges and New Jersey’s strict sentencing guidelines, including the Graves Act, early and strategic intervention by a carrying a handgun lawyer near me Middlesex County is critical to protect your rights and explore all possible defenses, including challenging the legality of the search or seizure.
- Arraignment & Indictment: Your first appearance will be for arraignment on the indictment. You will enter a plea of not guilty.
- Discovery & Pre-Trial Motions: Your attorney will obtain all evidence and may file motions to suppress evidence if your rights were violated during the arrest or search.
- Graves Act Waiver Application: If applicable, your lawyer may file a motion for a Graves Act waiver to seek a sentence below the mandatory minimum.
- Plea Negotiations or Trial: Your attorney will negotiate with the prosecutor for a favorable plea deal. If no agreement is reached, the case proceeds to trial.
- Sentencing: If convicted, sentencing will follow, where arguments for leniency are presented.
Potential Penalties for Unlawful Carrying of a Handgun
In Middlesex County, carrying a handgun without a permit is typically a second-degree crime, punishable by 5 to 10 years in state prison with a mandatory minimum parole ineligibility period of 3.5 years under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Unlawful Carrying of a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (Graves Act: 3.5 to 5-year min. parole ineligibility) | Up to $150,000 | Permanent felony record, loss of firearm rights, immigration consequences. |
| Possession of a Handgun for Unlawful Purpose (N.J.S.A. 2C:39-4(a)) | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Same as above, with enhanced parole ineligibility. |
| Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7) | Second-Degree Crime (or higher) | 5-10 years, with mandatory minimums | Up to $150,000 | Extended parole ineligibility based on prior record. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Gun Charge 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 93%+ favorable outcome rate. We understand the high stakes of a Graves Act gun charge in Middlesex County and provide a focused, aggressive defense from the moment you contact us.
Our Approach to Gun Charge Cases
Our defense strategy begins with a meticulous review of the stop, search, and seizure. We file aggressive motions to suppress evidence obtained in violation of the Fourth Amendment. In Middlesex County, we have a track record of challenging the State’s evidence and pursuing Graves Act waivers where possible to avoid mandatory prison time. Every case is defended with the goal of achieving the best possible outcome, whether through dismissal, reduction, or a favorable plea agreement.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Middlesex County Gun Charge Lawyers
Our New Jersey location serves clients throughout Middlesex County, including New Brunswick, Edison, Woodbridge, Old Bridge, and Piscataway. We are accessible from the NJ Turnpike, Route 1, and Route 18. If you need an affordable carrying a handgun lawyer Middlesex County, contact us 24/7.
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 should I do if I’m arrested for carrying a handgun in NJ?
Remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements to police. Your first call should be to a carrying a handgun lawyer Middlesex County who can protect your rights from the very start of the process.
Can I avoid prison time for a gun charge in New Jersey?
It depends. New Jersey’s Graves Act mandates prison time for most gun offenses. However, an experienced attorney can file for a Graves Act waiver or argue for a downgrade to a lesser charge. Success depends on the case facts, your record, and the strength of the defense motions filed.
How long does a gun case take in Middlesex County?
A gun case in Superior Court can take 12 to 24 months from indictment to resolution, depending on complexity, motions, and whether it goes to trial. The pre-indictment phase can add several months. Your lawyer will work to move the case as efficiently as possible.
What is the Graves Act?
The Graves Act is a New Jersey law that imposes mandatory minimum prison sentences, with periods of parole ineligibility, for certain firearms offenses. It applies to most unlawful possession of a handgun charges, requiring a judge to impose a state prison sentence.
Can I get a permit to carry after a gun charge?
No. A conviction for unlawful possession of a handgun in New Jersey will permanently disqualify you from ever obtaining a permit to carry a firearm in the state. This is one of the many long-term consequences that makes a strong defense essential.
Related Legal Services in Middlesex County
If you are facing other serious charges, our firm can help. We also defend clients against federal criminal charges, DUI/DWI, and drug offenses. For all New Jersey criminal defense matters, visit our state hub: New Jersey Criminal Defense Lawyer. We also serve neighboring counties like Bergen County and Union County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.