Carrying a Handgun Lawyer in Gloucester County, NJ — What Are Your Defense Options?
Unlawfully carrying a handgun in Gloucester County is a serious offense under N.J.S.A. 2C:39-5, often charged as a second-degree crime with mandatory prison time. A conviction can permanently alter your life. Law Offices Of SRIS, P.C. provides a strong defense for these charges, drawing on extensive experience in New Jersey’s Superior Courts.
New Jersey Law on Unlawful Handgun Possession
The statutory definition for unlawfully carrying a handgun in New Jersey is found under N.J.S.A. 2C:39-5. This statute makes it a crime to possess a handgun, including a loaded or unloaded rifle or shotgun, in any place without first having obtained a permit to carry. New Jersey has some of the nation’s strictest firearm laws, and there is no “right to carry” for self-defense outside the home without an exceptionally difficult-to-obtain permit. The law treats possession without that permit as a “presumptive crime.” Even if the weapon is unloaded and stored in a vehicle’s trunk, you can face severe charges.
Last verified: April 2026 | Superior Court of NJ, Gloucester 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 statutes). For local court procedures and information, visit the Gloucester Vicinage Superior Court website.
Local Court Process for Firearms Charges in Gloucester County
Firearms charges in Gloucester County are prosecuted in the Superior Court, Law Division (Criminal Part), located in Woodbury. These are indictable offenses, meaning they are handled similarly to felonies. The process begins with a complaint and your first appearance, where the charges are formally read. The case then proceeds to a pre-indictment conference, where your attorney may negotiate with the county prosecutor’s office. If not resolved, the case goes to a grand jury for indictment, followed by formal arraignment and pre-trial conferences. The Gloucester County Prosecutor’s Office takes these cases very seriously, and early, skilled intervention is critical.
- First Appearance & Complaint: You will be served with a complaint and have a first appearance in Superior Court. Do not speak to investigators without your attorney.
- Pre-Indictment Conference: Your attorney will meet with the Assistant Prosecutor to discuss the evidence and potential resolutions, such as a downgrade to a third-degree charge.
- Grand Jury Presentation: The state presents evidence to a grand jury to secure an indictment. Your attorney cannot be present but can present exculpatory evidence to the prosecutor beforehand.
- Formal Arraignment & Pre-Trial Motions: After indictment, you are formally arraigned. Your attorney will file critical motions, such as to suppress evidence obtained from an illegal search.
- Plea Negotiations or Trial: Based on motion outcomes, your attorney will advise on whether to accept a plea offer or proceed to trial before a judge or jury.
- Sentencing (if applicable): If convicted, sentencing follows, where your attorney will argue for the most lenient sentence possible under the Graves Act.
Potential Penalties for Unlawful Handgun Carrying in NJ
In Gloucester County, unlawfully carrying a handgun is typically a second-degree crime carrying a mandatory minimum state prison sentence of 3 to 5 years, with a presumption of incarceration under New Jersey’s Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Carrying of a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (Mandatory min. 3-5 yrs with parole ineligibility) | Up to $150,000 | Loss of firearm purchaser ID card; permanent criminal record | Graves Act parole disqualifier; permanent felony record; loss of voting rights while incarcerated. |
| Certain Persons Not to Possess Weapons (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5-10 years (Mandatory min. 5 yrs parole ineligibility) | Up to $150,000 | Permanent prohibition on firearm possession | Extended parole ineligibility; enhances future charges. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Gloucester 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 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 Graves Act offenses and provide a determined, strategic defense focused on challenging the state’s evidence and protecting your future.
Our Approach to Your Case
We begin by conducting an immediate, thorough investigation. We scrutinize the legality of the stop, search, and seizure that led to the firearm’s discovery. Common defenses include lack of probable cause, unlawful search, questions of possession and knowledge, and challenging the operability or classification of the weapon. Our goal is to secure a dismissal, downgrade the charges to avoid Graves Act penalties, or win at trial.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Gloucester County Carrying a Handgun Lawyer
Our New Jersey location serves clients throughout Gloucester County, including Woodbury, Washington Township, Deptford, and Glassboro. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions
What should I do if I’m arrested for carrying a handgun in Gloucester County?
Remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements to police. Contact a carrying a handgun lawyer Gloucester County as soon as possible to begin building your defense.
Can I get a permit to carry a handgun in New Jersey?
It depends. New Jersey is a “may-issue” state with extremely restrictive carry permits. You must demonstrate a “justifiable need” beyond general self-defense, which is very difficult to prove. Most applications are denied. Carrying without this permit is the crime charged under N.J.S.A. 2C:39-5.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6(c)) mandates state prison time and periods of parole ineligibility for certain firearms offenses, including unlawful carrying of a handgun. It severely limits a judge’s discretion in sentencing, making early defense intervention critical to avoid its application.
Is there an affordable carrying a handgun lawyer Gloucester County?
Yes. Law Offices Of SRIS, P.C. offers flexible payment plans and consultations to discuss your options. The cost of a conviction far outweighs the investment in a strong defense. We provide clear fee structures during your initial case evaluation.
What are the defenses to a carrying a handgun charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment violation), arguing you lacked knowledge the weapon was present, proving you had a valid permit, or demonstrating the item was not a legally defined “handgun.” An experienced attorney will identify the best strategy for your case.
If you need a carrying a handgun lawyer near me Gloucester County, do not wait. The earlier we can challenge the prosecution’s case, the better your potential outcome. For related legal issues in the area, see our pages on federal criminal defense in Gloucester County and DUI defense in Gloucester County. For a broader overview, visit our New Jersey criminal defense hub.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.
Your case in Gloucester 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 Gloucester County that is the Superior Court of NJ, Gloucester Vicinage (15th Vicinage), 70 Hunter Street, Woodbury, NJ 08096, telephone (856) 853-3200, 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 Gloucester 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: Gloucester 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.