Carrying a Handgun Lawyer in Mercer County, NJ — What Are Your Defense Options?
Carrying a handgun without a permit in Mercer County is a serious crime under N.J.S.A. 2C:39-5(b), a crimey of the second degree carrying 5-10 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for these charges. A carrying a handgun lawyer Mercer County can challenge the legality of the stop, search, and seizure of the weapon. Contact us for a 24/7 consultation.
New Jersey Law on Unlawful Possession of a Handgun
New Jersey has some of the strictest gun laws in the nation. The core statute governing the unlawful carrying of a handgun is N.J.S.A. 2C:39-5(b). This law makes it a crime of the second degree for any person to knowingly have in their possession any handgun, including in a vehicle, without first having obtained a permit to carry it. There is no “grace period” or exception for simply transporting an unloaded firearm in a vehicle’s trunk without a permit; doing so is still a felony.
Last verified: April 2026 | Superior Court of NJ, Mercer Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5(b) (official New Jersey Legislature site). For court procedures and forms, visit the Mercer Vicinage of the New Jersey Superior Court.
Defense Strategy for Mercer County Gun Charges
In Mercer County, prosecutors aggressively pursue gun charges. A successful defense often hinges on suppressing the evidence. If the police lacked probable cause for the initial stop or a valid exception to the warrant requirement for the search that found the gun, the case may be dismissed. An experienced carrying a handgun lawyer near me Mercer County will scrutinize every detail of the police report and body camera footage.
- Immediate Consultation: Do not speak to investigators. Contact a lawyer as early as possible to protect your rights.
- Case Review: Your attorney will obtain discovery, including police reports, 911 calls, and video evidence.
- Motion to Suppress: If the stop or search was illegal, your lawyer will file a motion to suppress the handgun as evidence.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal, or prepare for trial.
- Graves Act Waiver: If applicable, your lawyer will argue for a waiver of mandatory parole ineligibility.
Potential Penalties for Unlawful Carrying of a Handgun in NJ
In Mercer County, carrying a handgun without a permit is a second-degree crime punishable by 5 to 10 years in state prison, with a mandatory minimum parole ineligibility period under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Handgun Without Permit (N.J.S.A. 2C:39-5(b)) | Crime of the 2nd Degree | 5-10 years (Graves Act applies) | Up to $150,000 | Loss of firearm privileges; professional license jeopardy | Mandatory parole ineligibility (typically 3-5 years); permanent felony record |
| Possession of a Firearm for Unlawful Purpose (N.J.S.A. 2C:39-4(a)) | Crime of the 2nd Degree | 5-10 years | Up to $150,000 | Same as above | Graves Act applies; enhanced if weapon is used in a crime |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Mercer County Gun Charge
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 over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the severe, life-altering consequences of a gun conviction and fight to protect your future.
Case Results and Client Advocacy
While specific Mercer County results are protected by confidentiality, our firm’s approach is to meticulously challenge the state’s evidence from the outset. We have successfully argued motions to suppress in gun cases where the stop was pretextual or the search exceeded its lawful scope. Results may vary. Prior results do not guarantee a similar outcome.
Local Service for Mercer County Residents
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.
Our New Jersey location serves clients at Mercer County courts in Trenton. We represent individuals from Trenton, Princeton, Hamilton Township, Ewing, Lawrence, West Windsor, East Windsor, Hopewell, Robbinsville, and Hightstown. For an affordable carrying a handgun lawyer Mercer County, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Frequently Asked Questions: Mercer County Gun Charges
What should I do if I’m arrested for carrying a handgun in Mercer County?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements. Contact a carrying a handgun lawyer Mercer County as soon as possible to begin building your defense.
Can I get a Graves Act waiver for a gun charge?
It depends. The prosecutor has discretion to file a motion for a Graves Act waiver. A strong defense attorney can present mitigating factors—like your lack of prior record, the circumstances of the arrest, or your ties to the community—to persuade the prosecutor to seek a waiver from the judge, which may reduce the mandatory prison time.
What’s the difference between unlawful possession and unlawful purpose of a handgun?
Unlawful possession (2C:39-5) means having the gun without proper permit. Unlawful purpose (2C:39-4) means possessing it with intent to use it unlawfully against someone. The latter often carries more severe scrutiny and is harder for the state to prove, as it requires evidence of your intent.
How long does a gun case take in Mercer County Superior Court?
A gun case can take 12 to 24 months from arrest to resolution, depending on whether motions are filed, evidence is challenged, and if the case proceeds to trial. The discovery and pre-trial motion phase is often the longest.
Will I go to jail for a first-time gun charge in NJ?
Yes, a conviction for carrying a handgun without a permit carries a mandatory state prison sentence due to the Graves Act. However, an experienced attorney may be able to get the charge dismissed, reduced, or secure a Graves Act waiver to minimize the incarceration period.
Related Legal Services in Mercer County
If you are facing related charges, our firm also provides representation for: Drug Crimes in Mercer County, Assault Charges in Mercer County, and Federal Criminal Defense. For a broader view of our New Jersey practice, visit our New Jersey Criminal Defense hub page. We also serve neighboring counties like Middlesex County and Burlington County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Your case in Mercer 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 Mercer County that is the Superior Court of NJ, Mercer Vicinage (7th Vicinage), 175 South Broad Street, Trenton, NJ 08650, telephone (609) 571-4200, 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 Mercer 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: Mercer 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.