Carrying a Handgun Lawyer in Atlantic County, NJ — What Are Your Defense Options?
Carrying a handgun without a permit in Atlantic County is a serious offense under N.J.S.A. 2C:39-5, typically a second-degree crime carrying 5-10 years in prison. A conviction can permanently alter your life. Law Offices Of SRIS, P.C. provides a strong defense for those facing these charges. Our carrying a handgun lawyer Atlantic County team is available 24/7. Call (888) 437-7747 for a consultation.
New Jersey Law on Unlawful Possession of a Handgun
New Jersey has some of the strictest firearm laws in the nation. The core statute governing the unlawful carrying of a handgun is N.J.S.A. 2C:39-5. This law makes it a crime 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 “open carry” in New Jersey; a permit is required to carry a handgun in any public place. The statute is demanding, with different degrees of crime depending on the circumstances, such as whether the firearm was loaded or if the person has certain prior convictions.
Last verified: April 2026 | Superior Court of NJ, Atlantic 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 in Atlantic County, visit the Atlantic Vicinage Superior Court website.
Local Court Process and Defense Strategy in Atlantic County
In Atlantic County, carrying a handgun charges are prosecuted in the Superior Court, Criminal Division. The Atlantic County Prosecutor’s Office handles these cases aggressively. A key local procedural fact is that Atlantic County courts often see cases involving firearms discovered during traffic stops for unrelated minor violations. The prosecution must prove you knowingly possessed the firearm, which can be a point of strategic defense.
- Arrest and Initial Detention Hearing: You will be held for a detention hearing where the court decides if you will be released pending trial.
- Indictment by Grand Jury: The case is presented to a grand jury, which decides if there is enough evidence for a formal indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence (if illegally obtained) or dismiss charges based on legal defects.
- Plea Negotiations: Your lawyer negotiates with the prosecutor, potentially seeking a reduction to a lesser charge like a disorderly persons offense.
- Trial or Disposition: The case proceeds to trial or is resolved through a negotiated plea agreement.
- Sentencing: If convicted, you face sentencing under New Jersey’s Graves Act, which mandates prison time for certain firearms offenses.
Potential Penalties for Carrying a Handgun in NJ
In Atlantic County, carrying a handgun without a permit is typically a second-degree crime, but can be a first-degree crime under certain aggravating circumstances, with penalties ranging from 5 to 20 years in state prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Handgun (Unloaded, No Prior Felony) | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Loss of firearm purchaser ID card; professional licenses at risk | Parole ineligibility; permanent felony record |
| Carrying a Handgun (Loaded, or with Certain Prior Convictions) | First-Degree Crime | 10-20 years (Graves Act applies) | Up to $200,000 | Loss of firearm purchaser ID card; professional licenses at risk | Extended parole ineligibility; permanent felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Atlantic County Firearms 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 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a firearms charge in New Jersey and provide a defense focused on protecting your future. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation.
Our Approach to Carrying a Handgun Cases
We challenge the state’s case at every turn. This includes filing motions to suppress evidence if the handgun was found during an unlawful search or seizure. We scrutinize police reports and procedures for constitutional violations. We also explore defenses such as lack of knowledge or possession, or challenging the operability of the firearm. Our goal is to seek a dismissal or reduction of charges to avoid the severe mandatory penalties of the Graves Act.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Atlantic County Carrying a Handgun Lawyer
Our New Jersey location serves clients throughout Atlantic County, including Atlantic City, Egg Harbor Township, Galloway, Hamilton Township, and Pleasantville. We are accessible via the Garden State Parkway and Atlantic City Expressway. If you need a carrying a handgun lawyer near me Atlantic County, we offer 24/7 phone consultations.
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: Carrying a Handgun Charges in NJ
What is the difference between unlawful possession and unlawful carrying of a handgun in NJ?
It depends. “Unlawful possession” (N.J.S.A. 2C:39-5) generally refers to having a handgun without a permit, anywhere. “Carrying” often implies it is on your person or readily accessible. Both are serious crimes, but the specific circumstances and location affect the degree of the charge and potential defenses.
Can I get a permit to carry a handgun in New Jersey?
Yes, but it is highly restrictive. New Jersey is a “may-issue” state. You must demonstrate a “justifiable need” to carry a handgun, which is interpreted very narrowly by local police and courts. Self-defense alone is typically not sufficient. The application process is demanding and often requires legal assistance.
What is the Graves Act?
It is a New Jersey law (N.J.S.A. 2C:43-6(c)) that mandates a period of parole ineligibility for certain firearms offenses, including unlawful possession of a handgun. A Graves Act conviction means you must serve a mandatory minimum prison term before becoming eligible for parole, often one-third to one-half of the base sentence.
What should I do if I am arrested for carrying a handgun?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to the police. Contact a criminal defense attorney who handles firearms cases as soon as possible. The decisions made in the first hours after an arrest can significantly impact the outcome of your case.
Is there an affordable carrying a handgun lawyer Atlantic County?
Yes. Law Offices Of SRIS, P.C. understands the financial stress of a criminal case. We offer transparent fee structures and, in some cases, payment plans to make our defense services accessible. We provide a strong defense regardless of the fee arrangement, ensuring every client receives dedicated representation.
Related Legal Services in Atlantic County
If you are facing other charges, we also provide representation for DUI offenses in Atlantic County, federal crimes, and drug possession. For a broader view of our New Jersey practice, visit our New Jersey criminal defense hub page. We also serve neighboring areas like Cape May County and Ocean County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Atlantic 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 Atlantic County that is the Superior Court of NJ, Atlantic Vicinage (1st Vicinage), 1201 Bacharach Boulevard, Atlantic City, NJ 08401, telephone (609) 402-0100, 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 Atlantic 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: Atlantic 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.