Machine Gun Offense Lawyer in Burlington County, NJ — What Are Your Defenses?
A machine gun offense in Burlington County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison with a presumption of imprisonment. Law Offices Of SRIS, P.C. provides defense for these serious federal and state charges. Our firm-wide experience includes 4,739+ documented case results. If you need a machine gun offense lawyer near me Burlington County, contact us as early as possible.
New Jersey Law on Machine Guns and Assault Firearms
New Jersey has some of the strictest firearm laws in the nation. The possession, manufacture, transport, or sale of a machine gun is strictly prohibited under state law. The primary statute is N.J.S.A. 2C:39-5, which makes possession of a machine gun without lawful authority a crime of the second degree. A “machine gun” is defined under N.J.S.A. 2C:39-1(i) as any firearm, mechanism, or instrument that can discharge more than one shot automatically, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun.
Last verified: April 2026 | Superior Court of NJ, Burlington 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). Court procedures and forms are available through the Superior Court of NJ, Burlington Vicinage website.
Defending a Machine Gun Charge in Burlington County
These cases are prosecuted aggressively in Burlington County Superior Court. The prosecution must prove you knowingly possessed the firearm and that it meets the legal definition of a machine gun. Common defenses challenge the legality of the search and seizure, question whether the firearm was actually fully automatic, or argue a lack of knowledge. For an affordable machine gun offense lawyer Burlington County, early intervention is critical to investigate the evidence and file pre-trial motions.
- Initial Arrest & Detention: You will likely be held without bail pending a detention hearing under NJ’s bail reform laws, given the severity of the charge.
- Grand Jury Indictment: The case will be presented to a grand jury in Burlington County. An indictment is required to proceed in Superior Court.
- Detention Hearing: A judge will determine if you are released pre-trial based on a Public Safety Assessment risk score.
- Discovery & Motion Practice: Your attorney will obtain all evidence (lab reports, search warrants) and file motions to suppress evidence if constitutional violations occurred.
- Plea Negotiations or Trial: The case may resolve through a negotiated plea to a lesser charge or proceed to a jury trial in Mount Holly.
- Sentencing: If convicted, sentencing follows state guidelines, with a presumption of imprisonment for a second-degree crime.
Potential Penalties for a Machine Gun Offense in NJ
In Burlington County, a machine gun offense is a second-degree crime carrying a sentence of 5 to 10 years in New Jersey state prison, with a presumption of incarceration and significant fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun (N.J.S.A. 2C:39-5) | Crime of the 2nd Degree | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Loss of firearm purchaser ID card; permanent criminal record | Parole ineligibility; federal prosecution possible; forfeiture of weapon |
| Possession While Committing a Separate Crime | Graves Act Offense (Mandatory Min.) | Additional mandatory 3-5 years, consecutive | Additional fines | Same as above | Extreme sentencing enhancement under NJ’s Graves Act |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
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 tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. We understand the severe implications of a machine gun charge and approach each case with a detailed, strategic defense plan.
Case Results and Client Advocacy
SRIS actively practices in Burlington County. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our approach involves a thorough investigation of the arrest circumstances, challenging the legality of the search, and scrutinizing the state’s evidence regarding the firearm’s functionality.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Machine Gun Offense Lawyers
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford. We are accessible via the NJ Turnpike and I-295.
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.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Machine Gun Offenses in NJ
Is possession of a machine gun a federal or state crime in New Jersey?
It can be both. You can be charged under New Jersey state law (N.J.S.A. 2C:39-5) and federal law (26 U.S.C. § 5861). Prosecution often involves cooperation between the Burlington County Prosecutor’s Office and federal agencies like the ATF.
What is the difference between a semi-automatic and a machine gun under NJ law?
A semi-automatic fires one round per trigger pull. A machine gun fires multiple rounds automatically with one pull. The legal distinction is critical, and the state must prove the firearm was capable of automatic fire, often requiring experienced testimony and lab analysis.
Can I get bail on a machine gun charge in Burlington County?
No, not in the traditional sense. New Jersey abolished cash bail. After arrest, you will have a detention hearing where a judge decides release based on a risk assessment. For a second-degree crime like this, detention is likely unless the defense presents strong arguments for release.
Are there any defenses to a machine gun charge?
Yes. Common defenses include challenging the legality of the search warrant (Fourth Amendment), arguing you did not knowingly possess the item, or contesting the firearm’s classification as a machine gun through independent experienced examination.
What should I do if I am under investigation for a firearms offense?
Immediately exercise your right to remain silent and request an attorney. Do not speak to law enforcement without a lawyer present. Contact a machine gun offense lawyer to protect your rights from the very start of the investigation.
Related Legal Information
If you are facing other serious charges, our firm also handles federal criminal defense in Burlington County. For a broader view of our services, visit our New Jersey criminal defense hub page. We also assist clients in neighboring areas like Camden County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Burlington 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 Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Burlington 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: Burlington County NJ lawyers directory · Machine Gun Offense Defense Lawyer Bergen County, NJ · Machine Gun Offense Defense Lawyer Hudson County, NJ · Machine Gun Offense Defense Lawyer Monmouth County, NJ.