Carrying a Handgun Lawyer Salem County, NJ — Your Defense Strategy
Carrying a handgun without a permit in Salem 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. If you need a carrying a handgun lawyer near me Salem County, contact us as early as possible for a 24/7 consultation.
New Jersey Law on Unlawful Handgun Possession
New Jersey has some of the strictest firearm laws in the nation. The core statute governing 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. The law applies regardless of whether the gun is loaded or if you have ammunition. The statute’s language is broad, and prosecutors in the Salem Vicinage Superior Court apply it aggressively.
Last verified: April 2026 | Superior Court of NJ, Salem Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, see N.J.S.A. 2C:39-5(b) (official New Jersey Legislature site). For court procedures and forms, visit the Salem Vicinage Superior Court website.
The Salem County Court Process for Gun Charges
In Salem County, a charge for unlawfully carrying a handgun is 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. Given the severity of the charge—a second-degree crime—the prosecution will seek significant prison time under the Graves Act, which mandates mandatory minimum periods of parole ineligibility. An affordable carrying a handgun lawyer Salem County can challenge the state’s evidence from the start, potentially filing motions to suppress the weapon if it was discovered through an unlawful search.
- Arraignment & Indictment: You will be formally charged via an indictment and arraigned in Superior Court.
- Pre-Trial Motions: Your attorney files motions, often to suppress evidence if the stop or search was illegal.
- Discovery & Negotiation: The state provides its evidence. Your lawyer negotiates for a reduction or explores diversion programs if applicable.
- Trial or Resolution: If no plea agreement is reached, the case proceeds to a jury trial where the state must prove guilt beyond a reasonable doubt.
Potential Penalties for Carrying a Handgun in NJ
In Salem County, carrying a handgun without a permit is a second-degree crime carrying 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 a Handgun (N.J.S.A. 2C:39-5(b)) | Crime of the 2nd Degree | 5-10 years State Prison (Graves Act min.) | Up to $150,000 | Loss of Firearm ID Card; Permanent criminal record | Mandatory parole ineligibility (Graves Act); felony record; loss of voting rights while incarcerated. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to criminal cases like gun charges. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes in Salem County Superior Court and build defenses focused on challenging the legality of searches, the intent element of the charge, and negotiating for reduced charges when possible.
Case Results & Client Advocacy
While specific case results in Salem County for this charge are not published, our firm’s approach to gun charges involves a meticulous review of police procedure. We look for violations of your Fourth Amendment rights against unlawful search and seizure. A successful motion to suppress the handgun as evidence can lead to the dismissal of the entire case. Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Salem County Gun Charges
Our New Jersey location serves clients facing charges in Salem County courts. We are accessible to residents of Salem, Pennsville, Carneys Point, and Woodstown. If you need a carrying a handgun lawyer near me Salem County, we are here to help. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (609)-983-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
FAQs: Carrying a Handgun Charges in Salem County
Is carrying a handgun in my car always illegal in NJ?
Yes, with very limited exceptions. New Jersey law generally prohibits having a handgun in a vehicle without a valid permit to carry, even if it is unloaded and in the trunk. Transporting a firearm is only allowed under strict conditions directly to and from a limited set of places like a shooting range.
What is the Graves Act?
The Graves Act is a New Jersey law that mandates mandatory minimum prison terms, with periods of parole ineligibility, for certain firearms offenses, including unlawful possession of a handgun. It severely limits a judge’s discretion in sentencing.
Can I get a plea deal for a gun charge?
It depends. While prosecutors are often strict on gun charges, an experienced attorney may negotiate a plea to a lesser charge (like a fourth-degree disorderly persons offense) in some circumstances, especially if there are weaknesses in the state’s case or mitigating factors.
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 police. Contact a criminal defense attorney as soon as possible to begin building your defense.
How can a lawyer help with my carrying a handgun charge?
A lawyer will review all evidence, challenge the legality of the stop and search, file pre-trial motions to suppress evidence, negotiate with the prosecutor, and prepare a vigorous trial defense if necessary to protect your rights and freedom.
Related Legal Help in Salem County
If you are facing other charges, we also assist with: DUI/DWI defense in Salem County, federal criminal charges, and drug possession cases. For all New Jersey criminal defense matters, visit our NJ criminal defense hub page.
Page last verified and updated: 2026-04-01. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Your case in Salem 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 Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, 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 Salem 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: Salem 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.