Monmouth County Carrying a Handgun Lawyer — What Are Your Defense Options?
Carrying a handgun without a permit in Monmouth County is a serious offense under N.J.S.A. 2C:39-5, typically a second-degree crime. A conviction can mean 5-10 years in prison with a mandatory minimum parole ineligibility period. If you are facing these charges, you need a dedicated carrying a handgun lawyer Monmouth County from Law Offices Of SRIS, P.C.
New Jersey Law on Unlawful Possession of a Handgun
The statutory definition for unlawfully carrying a handgun is found in N.J.S.A. 2C:39-5(b). This law makes it a crime for any person to knowingly have in their possession any handgun, including antique firearms, without first having obtained a permit to carry the same. The statute is part of New Jersey’s Graves Act, which imposes severe mandatory minimum sentences for certain firearms offenses. The law does not require the weapon to be loaded or readily accessible; mere possession is sufficient for a charge.
Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and forms, visit the Monmouth Vicinage website.
Local Court Process for Firearms Charges in Monmouth County
Firearms charges in Monmouth County are prosecuted in the Criminal Division of the Superior Court. These are indictable offenses (felonies), meaning your case will begin with a complaint and go through a pre-indictment conference, grand jury presentation, and post-indictment arraignment. Prosecutors in the Monmouth County Prosecutor’s Office take these cases very seriously, especially under the Graves Act, which mandates prison time.
- Initial Complaint & First Appearance: You will be served with a complaint and have a first appearance where bail conditions are set.
- Pre-Indictment Conference: Your attorney can meet with an assistant prosecutor to discuss the evidence and potential resolutions before the case goes to a grand jury.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment. A skilled attorney may present exculpatory evidence to the prosecutor beforehand.
- Post-Indictment Arraignment & Discovery: After indictment, you are formally arraigned, and the discovery phase begins where the state must provide all evidence against you.
- Pre-Trial Motions & Hearings: Your attorney will file motions to suppress evidence, challenge the stop or search, or seek a Graves Act waiver.
- Trial or Disposition: The case proceeds to trial or is resolved through a negotiated plea, potentially to a non-Graves Act offense.
Potential Penalties for Carrying a Handgun in NJ
In Monmouth County, carrying a handgun without a permit is typically a second-degree crime, punishable by 5 to 10 years in state prison with a mandatory period of parole ineligibility.
| 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 Firearms ID Card; Ineligible for future permits | Felony record; Loss of voting rights while incarcerated; Immigration consequences |
| Carrying a Handgun (No Permit, No Unlawful Purpose) | 2nd Degree Crime | 5-10 years (Graves Act may apply) | Up to $150,000 | Loss of Firearms ID Card | Felony record; Permanent criminal history |
| Certain Persons Not to Have Weapons (Prior Conviction) | 2nd Degree Crime | 5-10 years (Mandatory 5-year min.) | Up to $150,000 | Permanent prohibition | Extended parole supervision; Enhanced penalties |
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 every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a Graves Act charge in Monmouth County and provide a defense focused on challenging the legality of the search, the intent element of the charge, and negotiating for a waiver of mandatory minimums when possible.
Our Approach to Carrying a Handgun Cases
We immediately investigate the circumstances of the stop, search, and seizure. Was there probable cause? Was the search legal? Did you knowingly possess the weapon? We use this analysis to file pre-trial motions to suppress evidence. Our goal is to have charges dismissed or reduced to a non-Graves Act offense to avoid mandatory prison time. We also explore all options for a Graves Act waiver, which requires convincing the prosecutor and judge that the interests of justice warrant a lesser sentence.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Monmouth County Firearms Defense Lawyers
Our New Jersey location serves clients throughout Monmouth County, including Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck. We are accessible via the Garden State Parkway, Route 18, and Route 35.
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 should I do if I’m charged with carrying a handgun in Monmouth County?
Do not speak to the police without an attorney. Contact a carrying a handgun lawyer Monmouth County as early as possible. The charges are severe and involve technical laws like the Graves Act, making experienced legal guidance from the start essential for your defense.
Is there a mandatory prison sentence for a handgun charge in NJ?
It depends. Under the Graves Act (N.J.S.A. 2C:43-6(c)), certain firearms offenses carry mandatory minimum prison terms with parole ineligibility. For a second-degree unlawful possession of a handgun, the mandatory minimum is typically between 42 and 60 months. However, a judge may grant a Graves Act waiver under limited, exceptional circumstances.
Can I find an affordable carrying a handgun lawyer Monmouth County?
Yes. Law Offices Of SRIS, P.C. offers flexible payment plans and consultations to discuss your case and the associated costs. The long-term cost of a conviction—prison time, fines, and a permanent felony record—far outweighs the investment in a strong defense.
What are common defenses to a carrying a handgun charge?
Common defenses include challenging the legality of the stop or search (Fourth Amendment violation), arguing lack of knowledge or possession, proving you had a valid permit, or demonstrating that the item was not a firearm as defined by law. An experienced attorney will identify the best defense for your specific situation.
How long does a firearms case take in Monmouth Superior Court?
A case can take 12 to 24 months or more from complaint to resolution, depending on the issues involved, evidence, motions filed, and court scheduling. The pre-indictment phase is a critical window for negotiation before the case is presented to a grand jury.
Your case in Monmouth 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 Monmouth County that is the Superior Court of NJ, Monmouth Vicinage (9th Vicinage), 71 Monument Park, Freehold, NJ 07728, telephone (732) 677-4200, 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 Monmouth 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: Monmouth County NJ lawyers directory · Carrying a Handgun Defense Lawyer Bergen County, NJ · Carrying a Handgun Defense Lawyer Hudson County, NJ.