Burlington County Carrying a Handgun Lawyer — What Are Your Defense Options?
Carrying a handgun without a permit is a serious crime in New Jersey under N.J.S.A. 2C:39-5(b), a crimey of the second degree carrying 5-10 years in prison. If you are charged in Burlington County, you need a strong defense. Law Offices Of SRIS, P.C. provides experienced legal representation for carrying a handgun charges.
New Jersey Law on Carrying a Handgun
New Jersey has some of the strictest gun laws in the nation. The core statute is N.J.S.A. 2C:39-5, which makes it a crime to possess a firearm without a valid permit or license. Specifically, subsection (b) addresses carrying a handgun. The law presumes that any handgun found in a vehicle is under the control of the person occupying the vehicle, which can lead to charges even if the gun was not on your person. The state must prove you knowingly possessed the firearm, but the law’s presumptions make a strong defense critical.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
Understanding the law is the first step. You can review the official statute at the New Jersey Legislature website for N.J.S.A. 2C:39-5. For court procedures and forms in Burlington County, visit the Burlington Vicinage official court website.
The Burlington County Court Process for Gun Charges
Gun charges in Burlington County are heard in the Superior Court, Law Division (Criminal Part), located in Mount Holly. These are indictable offenses (felonies), meaning your case will start with a first appearance and likely proceed to a grand jury. The prosecution takes these cases very seriously, and early intervention by a skilled attorney is vital. An experienced carrying a handgun lawyer near me Burlington County can challenge the state’s evidence, such as the legality of the stop or search that led to the discovery of the firearm.
- First Appearance & Detention Hearing: Shortly after arrest, you will appear before a judge. The state will argue for detention; your attorney argues for release with conditions.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment. Your attorney cannot be present but can submit a memorandum.
- Pre-Indictment Plea Negotiations: Before indictment, your lawyer may negotiate with the prosecutor for a reduced charge, such as a fourth-degree offense.
- Post-Indictment Arraignment & Discovery: After indictment, you are formally arraigned. Your attorney files motions to suppress evidence and challenges the state’s case.
- Pretrial Motions & Resolution: Most cases are resolved through plea negotiations. If not, your attorney prepares for trial.
- Trial or Sentencing: If you go to trial, your attorney presents your defense. If you plead, they advocate for the most favorable sentence.
Potential Penalties for Carrying a Handgun in NJ
In Burlington County, carrying a handgun without a permit is a second-degree crime punishable by 5 to 10 years in state prison, with a mandatory minimum parole ineligibility period of 42 months under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Handgun (Unlawful Purpose) | 2nd Degree Crime | 5-10 years (Graves Act: 42-60 months min.) | Up to $150,000 | Loss of firearm privileges; professional licenses at risk | Felony record, parole supervision, DNA sample |
| Possession of a Handgun (No Permit) | 2nd Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Loss of firearm privileges | Felony record, parole supervision |
| Certain Persons Not to Have Weapons | 2nd Degree Crime | 5-10 years (mandatory min.) | Up to $150,000 | Permanent firearm ban | Enhanced penalty for prior convictions |
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 93%+ favorable outcome rate. We understand the high stakes of a Graves Act gun charge in New Jersey and provide a focused, aggressive defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to fighting for clients across jurisdictions.
Case Results and Client Advocacy
Our firm has a documented history of achieving favorable results in serious criminal cases. While specific results are confidential and vary, our approach focuses on challenging unlawful searches, contesting the “knowing possession” element, and negotiating for reductions below Graves Act thresholds whenever possible. We work to protect your freedom and future.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Gun Charge Lawyers
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.
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. We represent clients at the Burlington County Courthouse in Mount Holly.
Looking for an affordable carrying a handgun lawyer Burlington County? We offer clear fee structures and payment plans. Call us anytime to discuss your case.
Frequently Asked Questions (FAQs)
What is the Graves Act in New Jersey?
Yes. The Graves Act (N.J.S.A. 2C:43-6(c)) mandates prison time for certain gun crimes. For carrying a handgun, it requires a minimum period of parole ineligibility—meaning you must serve a set number of years before becoming eligible for parole. A skilled carrying a handgun lawyer Burlington County can seek a Graves Act waiver or argue for a reduced sentence.
Can I get a gun charge reduced in Burlington County?
It depends. Prosecutors may offer a plea to a lesser charge, like a fourth-degree disorderly persons offense, in exchange for a guilty plea. This often requires strong defense arguments showing weaknesses in the state’s case. An experienced attorney is essential for these negotiations.
What if the gun was found in my car but wasn’t mine?
New Jersey law creates a presumption that everyone in a car possesses a firearm found in it. A defense can challenge this by proving you had no knowledge of the gun and no control over it. Your attorney will investigate who owned the car, where the gun was found, and statements from all occupants.
How long does a gun case take in Burlington County?
Indictable gun cases can take 12 to 24 months from arrest to resolution, depending on the issues in dispute, motions filed, and court scheduling. The pretrial detention phase moves quickly, requiring immediate legal action after arrest.
Will I go to jail for a first-time gun charge?
Yes, likely. The Graves Act mandates state prison for most unlawful handgun possession charges, even for first-time offenders. The key legal fight is often over the length of the mandatory minimum sentence or seeking a waiver from the judge.
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 · Carrying a Handgun Defense Lawyer Bergen County, NJ · Carrying a Handgun Defense Lawyer Hudson County, NJ · Carrying a Handgun Defense Lawyer Monmouth County, NJ.