Carrying a Handgun Lawyer Hudson County — What Are Your Defense Options?
Carrying a handgun without a permit is a serious crime in Hudson County, NJ, classified as a second-degree offense under N.J.S.A. 2C:39-5(b) and punishable by 5-10 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for these charges. If you need a carrying a handgun lawyer near me Hudson County, contact us as early as possible for a 24/7 consultation.
New Jersey Law on Unlawful Possession of a Handgun
New Jersey has some of the strictest firearm laws in the nation. The core statute governing the unlawful carrying of a handgun is N.J.S.A. 2C:39-5(b). This law makes it a crime of the second degree for any person to knowingly have in their possession any handgun, including in a vehicle, without first having obtained a permit to carry the same. There is no requirement that the weapon be used or brandished; mere possession is sufficient for a charge. The law applies regardless of whether the gun is loaded or unloaded.
Last verified: April 2026 | Superior Court of NJ, Hudson Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5(b) (official New Jersey Legislature site). For court procedures and forms, visit the Hudson Vicinage website.
Local Court Process and Defense Strategy in Hudson County
In Hudson County, these cases are prosecuted aggressively in the Superior Court, Law Division – Criminal Part. The Hudson County Prosecutor’s Office typically seeks severe penalties. An early and strategic defense is critical. Our firm’s approach involves a meticulous review of the stop, search, and seizure that led to the discovery of the firearm. We challenge whether police had probable cause or a valid warrant, and whether any statements you made were obtained lawfully.
- Initial Arraignment: You will be formally charged and must enter a plea of not guilty.
- Discovery & Investigation: Your attorney will obtain all police reports, lab analyses, and evidence to identify weaknesses in the state’s case.
- Pre-Trial Motions: Critical motions to suppress evidence (like the gun) based on illegal search and seizure are filed and argued.
- Negotiation & Trial Prep: Based on the evidence and motion outcomes, your attorney will negotiate with the prosecutor for a reduction or prepare for trial.
- Trial or Resolution: The case proceeds to a jury trial or is resolved through a negotiated plea agreement.
- Sentencing: If convicted, your attorney will advocate for the most lenient sentence possible under the circumstances.
Potential Penalties for Carrying a Handgun in NJ
In Hudson County, carrying a handgun without a permit is a second-degree crime carrying a mandatory minimum prison term with parole ineligibility under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Handgun (Unlawful Possession) | Second-Degree Crime | 5-10 years in state prison. A mandatory minimum term (typically 3.5 years) applies under the Graves Act, meaning you must serve that time before parole eligibility. | Up to $150,000 | Loss of firearm purchaser ID card and future right to own firearms. | Felony criminal record, loss of voting rights while incarcerated, difficulty obtaining employment and housing, potential federal charges. |
| Certain Persons Not to Possess Weapons (if you have a prior conviction) | Second-Degree Crime | 5-10 years with a mandatory minimum of 5 years without parole. | Up to $150,000 | Permanent loss of firearm rights. | Enhanced penalties due to prior record. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Hudson County Weapons Charge
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your 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 second-degree Graves Act charge and provide a defense built on thorough investigation and aggressive advocacy.
Case Results and Client Advocacy
While specific case results are confidential, our firm’s approach focuses on challenging the legality of the evidence from the outset. We have successfully argued motions to suppress handguns recovered during questionable traffic stops or searches in Hudson County and across New Jersey. Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Hudson County Residents
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.
Our New Jersey location serves clients throughout Hudson County. We are accessible via the NJ Turnpike, Route 1/9, and public transit including the PATH train and Hudson-Bergen Light Rail. We provide 24/7 phone consultations and meet with clients by appointment. We serve Jersey City, Hoboken, North Bergen, Union City, West New York, Secaucus, Bayonne, Kearny, Harrison, Weehawken, and Guttenberg. If you are searching for an affordable carrying a handgun lawyer Hudson County, contact us to discuss your options.
Frequently Asked Questions: Carrying a Handgun Charges
What is the Graves Act in New Jersey?
Yes. The Graves Act (N.J.S.A. 2C:43-6(c)) mandates a period of parole ineligibility for certain firearms offenses, including unlawful possession of a handgun. For a second-degree crime, it typically requires you to serve at least 3.5 years in prison before becoming eligible for parole.
Can I get pretrial intervention (PTI) for a gun charge?
It depends. PTI is generally not available for Graves Act offenses unless the prosecutor consents to a Graves Act waiver. This requires a compelling application demonstrating extraordinary circumstances, such as youth, lack of criminal history, and strong community ties. An experienced attorney is essential for this process.
What if the gun wasn’t mine and I was just in the car?
You can still be charged under a theory of “constructive possession,” meaning you had knowledge of the gun and the ability to control it. A strong defense will attack the state’s ability to prove you knew the gun was present and that you intended to exercise control over it.
How long does a gun case take in Hudson County?
It varies. A clear case resolved by plea may take several months. If motions to suppress are filed or the case goes to trial, it can take a year or more to reach a final resolution in Superior Court.
What should I do if I’m arrested for carrying a handgun?
Remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements to police. Contact a criminal defense attorney as soon as possible to begin building your defense.
Internal Resources: For more information, see our New Jersey Criminal Defense overview. We also assist clients in neighboring areas like Bergen County and with related charges such as Federal Criminal Defense.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Your case in Hudson 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 Hudson County that is the Superior Court of NJ, Hudson Vicinage (3rd Vicinage), 583 Newark Avenue, Jersey City, NJ 07306, telephone (201) 748-4400, 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 Hudson 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: Hudson County NJ lawyers directory · Carrying a Handgun Defense Lawyer Bergen County, NJ · Carrying a Handgun Defense Lawyer Monmouth County, NJ.