Bergen County Carrying a Handgun Lawyer — What Are Your Defense Options?
Carrying a handgun without a permit in Bergen County is a second-degree crime under N.J.S.A. 2C:39-5(b), punishable by 5-10 years in prison. Law Offices Of SRIS, P.C. provides strong defense against these serious charges. If you need a carrying a handgun lawyer Bergen County, contact us as early as possible for a 24/7 consultation.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
New Jersey Law on Unlawful Handgun Possession
New Jersey has some of the strictest firearm laws in the nation. The statute governing unlawful possession of a handgun is N.J.S.A. 2C:39-5(b). It is illegal to carry, transport, or possess a handgun outside your home or place of business without a valid permit to carry issued by the court. This includes having a handgun in your vehicle. There is no “grace period” for new residents to register firearms, and permits from other states are not recognized. The law is applied strictly, and intent is often inferred from the circumstances of possession.
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 Bergen County Vicinage website.
handling a Handgun Charge in Bergen County Court
Prosecutors in the Bergen County Superior Court take firearm charges extremely seriously. A key local procedural fact is that these cases are typically heard in the Criminal Division of the Superior Court, not municipal court, due to the severity of the charges. The prosecution must prove you knowingly possessed the handgun. An experienced carrying a handgun lawyer near me Bergen County can challenge whether the weapon was accessible and under your control.
- Initial Arrest & Detention: You will likely be held without bail initially due to the Graves Act, requiring a detention hearing.
- Detention Hearing: Your attorney must argue for your release at a hearing within 48 hours of your arrest.
- Discovery & Investigation: Your lawyer will obtain all police reports, lab results, and witness statements to build your defense.
- Pre-Trial Motions: Filing motions to suppress evidence obtained through an unlawful search or seizure is a common and vital strategy.
- Plea Negotiations or Trial: Your attorney will negotiate with the prosecutor for a reduction or, if necessary, prepare for trial to fight the charges.
- Sentencing (if convicted): If convicted, your lawyer will advocate at sentencing to minimize the severe penalties.
Potential Penalties for Unlawful Handgun Carrying in NJ
In Bergen County, carrying a handgun without a permit is a second-degree crime carrying a mandatory minimum state prison sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Handgun (Unlawful) | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Loss of firearm privileges; professional licenses at risk | Mandatory minimum parole ineligibility (42-60 months); permanent criminal record; immigration consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your 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 serious criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a firearms charge and provide a strong, strategic defense focused on protecting your freedom and future.
Our Approach to Your Case
We begin by conducting a thorough investigation, challenging the legality of the stop, search, and seizure. We scrutinize police procedure and evidence handling. Our goal is to seek a dismissal or reduction of charges. If the case proceeds, we are fully prepared to advocate for you at trial. We also understand the importance of an affordable carrying a handgun lawyer Bergen County and work with clients on clear fee structures.
Contact Our Bergen County Firearms Defense Lawyers
Our New Jersey location serves clients at Bergen County courts. We represent individuals in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, and surrounding communities.
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
What is the Graves Act in New Jersey?
Yes. The Graves Act mandates state prison time for certain firearms offenses, including unlawful handgun possession. It requires a judge to impose a mandatory minimum period of parole ineligibility, typically between 42 and 60 months for a second-degree crime, meaning you must serve that time before becoming eligible for parole.
Can I get a permit to carry a handgun in New Jersey?
It depends. New Jersey is a “may-issue” state, and permits are difficult to obtain. You must demonstrate a “justifiable need” to carry a handgun, which is more than a general fear for your safety. The application process is lengthy and involves extensive background checks, fingerprinting, and references. Recent legal changes have altered the standard, but the process remains restrictive.
What if the handgun wasn’t mine and I didn’t know it was in the car?
This is a common defense. The prosecution must prove you “knowingly” possessed the firearm. Your attorney can argue that you were unaware of its presence, it belonged to another passenger, or you had no intent to exercise control over it. Success depends heavily on the specific facts and your attorney’s ability to challenge the state’s evidence of knowledge and control.
What should I do if I’m arrested for carrying a handgun?
First, remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements to the police. Contact a criminal defense attorney who concentrates on firearms charges as soon as possible. The early stages of your case, especially the detention hearing, are critical for securing your release and building a defense.
Are there any defenses to a carrying a handgun charge?
Yes. Defenses can include challenging the legality of the traffic stop or search (Fourth Amendment violation), arguing lack of knowledge or constructive possession, proving you had a valid permit, or demonstrating that the firearm was inoperable. An experienced carrying a handgun lawyer Bergen County will identify the strongest defense based on your case details.
Related Pages: For other serious charges, see our pages on Federal Criminal Defense in Bergen County and Drug Crimes Defense in Bergen County. For an overview of our New Jersey practice, visit our New Jersey Criminal Defense hub.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Carrying a Handgun Defense Lawyer Hudson County, NJ · Carrying a Handgun Defense Lawyer Monmouth County, NJ.