Morris County Carrying a Handgun Lawyer — What Are Your Defense Options?
Carrying a handgun without a permit in Morris County is a serious crime under N.J.S.A. 2C:39-5(b), a crimey of the second degree punishable by 5-10 years in prison. The Law Offices Of SRIS, P.C. provides focused defense for these charges. Our team, led by former prosecutor Mr. Sris, understands the aggressive prosecution you face in Morristown and uses that insight to build your case.
Understanding New Jersey’s Unlawful Weapons Possession Laws
New Jersey maintains some of the strictest gun laws in the nation. The statute governing the unlawful possession of a handgun is N.J.S.A. 2C:39-5(b). This law makes it a crime to carry a handgun, including in a vehicle, without first having obtained a valid permit to carry. There is no “grace period” or exception for simply transporting a firearm you legally own elsewhere; without the proper New Jersey permit, possession is presumed unlawful. The burden often shifts to the defendant to prove a statutory exemption applies.
Last verified: April 2026 | Morris County Superior Court | 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 local court procedures, visit the New Jersey Courts Criminal Case Process guide.
The Morris County Court Process for Gun Charges
In Morris County, gun charges are prosecuted aggressively by the Morris County Prosecutor’s Office. These cases typically originate with an arrest by local police in towns like Parsippany, Randolph, or Morristown, but the county prosecutor takes over quickly due to the severity. Your first appearance will be in the municipal court where the arrest occurred for a bail hearing. The case is then “waived up” to the Morris County Superior Court for indictment and potential trial. The prosecution will seek severe penalties, including mandatory minimum prison terms under the Graves Act.
- Initial Arrest & Bail Hearing: You will be processed and have a bail hearing in municipal court, where the judge will decide on release conditions or detention.
- Case Waiver to Superior Court: The municipal court transfers jurisdiction to the Morris County Superior Court in Morristown for all felony proceedings.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure a formal indictment, moving the case forward.
- Pretrial Motions & Discovery: Your attorney files motions to suppress evidence, challenges detention, and reviews all discovery from the state.
- Plea Negotiations or Trial: Based on the evidence and motions, your lawyer negotiates with the prosecutor for a reduction or prepares for trial.
- Sentencing (if applicable): If convicted, sentencing arguments focus on mitigating Graves Act mandatory minimums.
Potential Penalties for Carrying a Handgun in Morris County
In Morris County, carrying a handgun without a permit is a second-degree crime carrying a presumption of incarceration under the Graves Act, with mandatory minimum parole ineligibility.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (Graves Act: 42-60 months min. parole ineligibility) | Up to $150,000 | Loss of firearm privileges; professional license jeopardy | Felony record; immigration consequences; 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 (with mandatory 5-year parole disqualifier) | Up to $150,000 | Permanent firearm ban | Severe sentencing enhancement on top of underlying charge |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Morris County Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to every case. Our philosophy of “Advocacy Without Borders” means we fight aggressively across state lines and in courts like Morris County Superior Court. We understand that a gun charge can derail your life, and we work to challenge the state’s evidence from the moment of arrest, focusing on search and seizure issues, permit defenses, and negotiating to avoid Graves Act penalties.
Case Results & Client Advocacy
The Law Offices Of SRIS, P.C. has a documented record of advocating for clients facing serious weapons charges. Our approach involves meticulous case review to identify weaknesses in the prosecution’s evidence, such as illegal stops or searches. We have successfully argued motions to suppress evidence, skilled to reduced charges or dismissals. In other cases, skilled negotiation has resulted in favorable plea agreements that avoided mandatory prison time.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Morris County Criminal Defense Lawyers
If you are searching for a carrying a handgun lawyer near me Morris County, our firm is accessible to you. Our team is familiar with the local courts and prosecutors. We offer 24/7 phone consultations to address your immediate concerns.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
Meetings by appointment only.
Frequently Asked Questions (Carrying a Handgun Charges)
Is carrying a handgun in my car always illegal in New Jersey?
Yes, with extremely limited exceptions. New Jersey law generally prohibits having a handgun in a vehicle without a valid permit to carry. Even if the gun is unloaded and in a locked case, it is typically illegal without the permit. Transporting a firearm directly to a shooting range or hunting area has specific, narrow requirements that are often misapplied.
What is the Graves Act?
It is a New Jersey law that mandates prison time for certain firearms offenses. If convicted under the Graves Act for carrying a handgun, the judge must impose a state prison sentence with a period of parole ineligibility, typically between 42 and 60 months for a second-degree crime. Overcoming this requires skilled legal argument for a “Graves Act waiver.”
Can I get a permit to carry after being charged?
No. Applying for a permit after an arrest will not help your criminal case and may be used as evidence against you. The legal question is whether you had a valid permit at the time of the alleged offense. Obtaining one later is irrelevant to the charge and could be seen as an admission you did not have one before.
What are common defenses to a gun possession charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment), arguing you had a valid permit, proving the weapon was not operable, or showing you fall under a specific statutory exemption (like certain military or law enforcement activities). The most successful defenses often involve suppressing the evidence of the gun itself.
Why should I hire an affordable carrying a handgun lawyer Morris County from your firm?
Our firm provides experienced, focused defense at a competitive value. We believe strong legal representation in serious felony cases should be accessible. We offer clear fee structures and dedicated service, understanding that an affordable carrying a handgun lawyer Morris County residents can trust must still provide aggressive, knowledgeable advocacy against serious charges.
Related Practice Areas: If you are facing other charges, our firm also handles general criminal defense, drug offenses, and theft crimes in New Jersey.
Last verified: April 2026. Laws and procedures change. For the most current advice regarding your specific situation, contact the Law Offices Of SRIS, P.C. at (609)-983-0003.
New Jersey law governs this practice area.
Your case in Morris 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 Morris County that is the Superior Court of NJ, Morris Vicinage (14th Vicinage), Washington & Court Streets, Morristown, NJ 07960, telephone (973) 656-4000, 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 Morris 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: Morris 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.