Carrying a Pistol Without a License Lawyer Middlesex County — What Are Your Defenses?
Carrying a handgun without a permit in New Jersey is a second-degree crime under N.J.S.A. 2C:39-5(b), punishable by 5-10 years in prison. In Middlesex County, prosecutors pursue these charges aggressively. If you are charged, you need a strong defense from a carrying a pistol without a license lawyer Middlesex County. Law Offices Of SRIS, P.C. provides immediate legal support.
New Jersey Law on Unlicensed Carry
New Jersey has some of the strictest gun laws in the nation. It is illegal to carry a handgun in public without a valid permit to carry, which is extremely difficult for private citizens to obtain. The statute, N.J.S.A. 2C:39-5(b), classifies this offense as a crime of the second degree. This is not a simple weapons charge; it is a serious felony-level offense that carries a presumption of incarceration.
Last verified: April 2026 | Superior Court of NJ, Middlesex Vicinage | New Jersey Legislature
Official Legal Resources
Understanding the law is critical. You can review the official statute at the New Jersey Legislature website. For local court procedures and information, visit the Middlesex Vicinage Superior Court website.
The Middlesex County Court Process for Gun Charges
Gun possession cases in Middlesex County are heard in the Superior Court, Law Division – Criminal Part. These are indictable offenses (felonies), meaning your case will start with a complaint and go through a grand jury. The Middlesex County Prosecutor’s Office has a dedicated firearms unit that handles these cases. They often seek severe penalties, including mandatory minimum sentences under the Graves Act.
- Arrest & Complaint: You are arrested and charged via a complaint. An initial detention hearing may be held.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment.
- Arraignment & Pretrial Conferences: After indictment, you are arraigned. Your attorney will file motions and engage in plea negotiations.
- Trial or Disposition: The case proceeds to trial or is resolved through a negotiated plea, which may involve arguing for a downgrade or Graves Act waiver.
Potential Penalties for Unlawful Carry in NJ
In Middlesex County, carrying a pistol without a license is a second-degree crime carrying 5 to 10 years in state prison and significant fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Carrying a Handgun Without a Permit (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (Graves Act may apply) | Up to $150,000 | Graves Act parole ineligibility (42-60 months), permanent felony record, loss of firearm rights. |
| Possession of a Firearm for Unlawful Purpose (N.J.S.A. 2C:39-4(a)) | Second-Degree Crime | 5-10 years | Up to $150,000 | Often charged alongside 2C:39-5; enhances penalties. |
Results may vary. Prior results do not guarantee 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 every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a second-degree gun charge and build defenses focused on challenging the legality of the search, the intent element, and negotiating for charge reductions or Graves Act waivers.
Case Results & Client Advocacy
While specific results in Middlesex County for this charge are not published, our firm’s approach to serious weapons charges involves meticulous investigation and aggressive advocacy. We examine every detail, from the initial traffic stop or encounter to the seizure of the weapon, looking for constitutional violations or weaknesses in the prosecution’s case. Our goal is to secure a favorable outcome, whether that is a dismissal, a reduction in charges, or a favorable plea agreement that minimizes incarceration.
Results may vary. Prior results do not guarantee a similar outcome.
Carrying a Pistol Without a License Lawyer Near Me Middlesex County
Our New Jersey location serves clients throughout Middlesex County, including New Brunswick, Edison, Woodbridge, Old Bridge, Piscataway, and Perth Amboy. We are accessible via the NJ Turnpike, Route 1, and Route 18. If you need an affordable carrying a pistol without a license lawyer Middlesex County, we offer 24/7 phone consultations to discuss your case.
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.
FAQs: Carrying a Pistol Without a License in Middlesex County
Is carrying a gun without a permit a felony in New Jersey?
Yes. Carrying a handgun without a permit is a second-degree crime in New Jersey, which is equivalent to a felony. It carries a sentence of 5 to 10 years in state prison.
What is the Graves Act in NJ gun cases?
It depends. The Graves Act (N.J.S.A. 2C:43-6(c)) mandates mandatory minimum prison terms for certain firearms offenses. If it applies to your carrying charge, you could face a period of parole ineligibility of 42 to 60 months. An attorney can argue for a waiver.
Can I get bail if charged with unlawful carry?
It depends. For second-degree crimes, prosecutors often file motions for pretrial detention, arguing you are a danger. The court will hold a hearing to decide if you can be released with conditions or must be held until trial.
What are common defenses to this charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment), arguing you lacked knowledge of the gun’s presence, or asserting you had a valid permit. Each case is fact-specific.
Should I speak to the police if I’m arrested?
No. You have the right to remain silent. Politely state you wish to speak with an attorney and do not answer any questions about the incident without your lawyer present.
Related Legal Resources in Middlesex County
If you are facing this charge, you may also want to learn about criminal defense in Middlesex County. For charges related to other weapons, see our page on federal criminal defense. To understand the broader context, visit our New Jersey criminal defense hub.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.
Middlesex County is one part of a statewide practice, and our page on carrying a pistol without a license lawyer New Jersey covers the process from start to finish.
Your case in Middlesex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Middlesex County that is the Superior Court of NJ, Middlesex Vicinage (6th Vicinage), 56 Paterson Street, New Brunswick, NJ 08903, telephone (732) 981-3000, 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 N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Middlesex 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: Middlesex County NJ lawyers directory · Carrying a Pistol without a License Lawyer Essex County, NJ.