Carrying a Handgun Lawyer in Passaic County, NJ — What Are Your Defense Options?
Unlawfully carrying a handgun in Passaic County is a serious offense under N.J.S.A. 2C:39-5(b), typically a second-degree crime carrying 5-10 years in prison. A conviction can permanently alter your life. Law Offices Of SRIS, P.C. provides a strong defense for those facing these charges. If you need a carrying a handgun lawyer Passaic County, contact us as early as possible for a case review.
New Jersey Law on Unlawful Possession of a Handgun
The statute governing unlawful possession of a handgun in New Jersey is 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 in a vehicle, without first having obtained a permit to carry it. New Jersey has some of the strictest firearm laws in the nation, and prosecutors in Passaic County pursue these charges aggressively. The law does not recognize a “right to carry” for self-defense outside the home without a permit, which are very difficult to obtain.
Last verified: April 2026 | Superior Court of NJ, Passaic 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). Court procedures and forms can be found at the Passaic Vicinage Superior Court website.
Local Court Process for a Carrying a Handgun Charge in Passaic County
If you are charged with unlawfully carrying a handgun in Passaic County, your case will be heard in the Criminal Division of the Superior Court in Paterson. These are indictable crimes (felonies), meaning they start with a complaint and go through grand jury proceedings. The Passaic County Prosecutor’s Office handles these cases. Given the severe penalties, early and strategic intervention by a skilled attorney is critical to challenge the state’s evidence and seek a favorable resolution.
- Arrest & Initial Appearance: You will be charged via complaint. A first appearance is held to advise you of the charges and address detention.
- Pretrial Detention Hearing: The state may argue for your detention. Your attorney must argue for your release with conditions.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment.
- Pretrial Conferences & Motions: Your attorney files motions to suppress evidence and challenges the legality of the stop or search.
- Plea Negotiations or Trial: Most cases resolve through negotiation. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows, where arguments for a lower-term sentence are made.
Potential Penalties for Unlawful Carrying of a Handgun in NJ
In Passaic County, unlawfully carrying a handgun is typically a second-degree crime, punishable by 5 to 10 years in state prison, with a mandatory minimum period of parole ineligibility under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Unlawful Carrying of a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime (typically) | 5-10 years state prison* | Up to $150,000 | Graves Act mandatory minimum; permanent felony record; loss of firearm rights. |
| Certain Persons Not to Possess Weapons (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5-10 years state prison* | Up to $150,000 | Mandatory minimum parole ineligibility; consecutive sentencing possible. |
*Subject to mandatory minimum periods of parole ineligibility under the Graves Act (N.J.S.A. 2C:43-6(c)).
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Passaic County 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 favorable outcome rate exceeding 93%. We understand the high stakes of a gun charge in New Jersey and provide a focused, aggressive defense. Our approach is “Advocacy Without Borders,” committed to protecting your rights and future.
Case Results and Client Advocacy
While specific Passaic County results are protected by attorney-client privilege, our firm’s extensive experience across New Jersey includes successful resolutions in serious weapon possession cases. Outcomes have included dismissals based on illegal search and seizure, downgrades to avoid Graves Act penalties, and favorable plea agreements that minimize incarceration. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Passaic County Gun Charge Defense Lawyers
Our New Jersey location serves clients throughout Passaic County, including Paterson, Clifton, Wayne, and Passaic City. We offer 24/7 phone consultations and meetings by appointment only.
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.
Frequently Asked Questions: Carrying a Handgun Charges in Passaic County
What should I do if I’m arrested for carrying a handgun in Passaic County?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to police. Contact a carrying a handgun lawyer Passaic County from our firm 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 strict requirements. After recent legal changes, more permits are being issued, but you must demonstrate a “justifiable need” beyond general self-defense. The application process is demanding and often requires legal assistance.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6(c)) mandates a period of parole ineligibility for certain firearm offenses, including unlawful carrying of a handgun. This means if convicted, you must serve a mandatory minimum prison term before becoming eligible for parole, often between 42 and 60 months for a first offense.
Are there defenses to a carrying a handgun charge?
Yes. Common defenses include challenging the legality of the police stop, the search that discovered the weapon, or whether you knowingly possessed it. An affordable carrying a handgun lawyer Passaic County can evaluate the specifics of your case to identify the strongest defense strategy.
Where can I find a carrying a handgun lawyer near me Passaic County?
Law Offices Of SRIS, P.C. represents clients throughout Passaic County from our New Jersey location. We offer 24/7 consultations. Call (888) 437-7747 to speak with a defense attorney familiar with the Passaic County courts and prosecutors.
Related Legal Services in Passaic County
If you are facing other serious charges, our firm also provides defense for federal crimes, DUI/DWI, and drug offenses. For legal matters across New Jersey, see our New Jersey criminal defense hub or pages for neighboring counties like Bergen County.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your carrying a handgun charge.
Your case in Passaic 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 Passaic County that is the Superior Court of NJ, Passaic Vicinage (11th Vicinage), 77 Hamilton Street, Paterson, NJ 07505, telephone (973) 247-8000, 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 Passaic 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: Passaic 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.