Carrying a Handgun Lawyer in Somerset County, NJ — What Are Your Defense Options?
Carrying a handgun without a permit in Somerset County is a serious offense under N.J.S.A. 2C:39-5(b), a second-degree crime carrying 5-10 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for these charges. Our carrying a handgun lawyer Somerset County team offers 24/7 consultations. Call (888) 437-7747 now.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
New Jersey Law on Unlawful Handgun Possession
The primary statute governing unlawful carrying of a handgun in New Jersey 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 antique firearms, without first having obtained a permit to carry the same. The statute is part of New Jersey’s full firearms regulatory scheme, which is among the strictest in the nation. The law does not require proof of intent to use the weapon unlawfully; mere possession without the requisite permit is sufficient for a charge. Defenses often hinge on challenging the legality of the search that discovered the weapon, the knowledge element of possession, or establishing a valid statutory exemption.
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 local court procedures and rules, visit the Superior Court of New Jersey, Somerset Vicinage website.
Local Court Process for a Carrying a Handgun Charge
In Somerset County, a charge for unlawfully carrying a handgun is prosecuted in the Superior Court, Law Division, as it is an indictable crime (felony-level). The process begins with a complaint and warrant, followed by a first appearance where bail conditions are set under New Jersey’s bail reform. The case is then presented to a grand jury for indictment. If indicted, the case proceeds through discovery, pre-trial conferences, and potentially a trial. Given the severity, prosecutors in the Somerset Vicinage often seek substantial prison time, making an early defense important.
- Arrest and First Appearance: You will be processed, and a judge will set bail conditions at the Somerset County Courthouse.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment.
- Pre-Trial Conferences: Your attorney will engage in discovery review and negotiations with the Assistant Prosecutor.
- Motion Practice: Critical motions to suppress evidence or dismiss the case are filed and argued.
- Plea Negotiations or Trial: Your lawyer will work to secure a favorable plea or prepare for a jury trial.
- Sentencing: If convicted, your attorney will advocate for the most lenient sentence possible under the law.
Potential Penalties for Unlawful Carrying of a Handgun in NJ
In Somerset County, carrying a handgun without a permit is a second-degree crime carrying a mandatory minimum sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Handgun (N.J.S.A. 2C:39-5(b)) | Crime of the 2nd Degree | 5-10 years (Graves Act applies: 42-month parole ineligibility) | Up to $150,000 | Loss of firearm purchaser ID card; permanent criminal record | Parole supervision for life (in some cases); forfeiture of weapon |
| Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7) | Crime of the 2nd Degree (or 1st if prior conviction) | 5-10 years (with mandatory minimum) | Up to $150,000 | Permanent prohibition | Enhanced penalties based on criminal history |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Somerset 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 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 second-degree Graves Act offense and provide a defense built on meticulous case analysis and aggressive advocacy.
Our Approach to Carrying a Handgun Cases
Our defense strategy begins immediately. We scrutinize the stop, search, and seizure for constitutional violations. We challenge the state’s proof of “knowing possession” and explore all statutory exemptions and affirmative defenses. For an affordable carrying a handgun lawyer Somerset County residents can trust to fight the charges, contact our team.
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.
Our New Jersey location serves clients at Somerset County courts. We represent individuals in Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. Looking for a carrying a handgun lawyer near me Somerset County? We are accessible via I-287, Route 22, and Route 206.
Carrying a Handgun Lawyer Somerset County FAQ
What is the Graves Act in New Jersey?
Yes, it mandates prison time. The Graves Act (N.J.S.A. 2C:43-6(c)) requires a mandatory minimum period of parole ineligibility for certain firearms offenses, including unlawful carrying of a handgun. This means a judge must impose a prison sentence, and you must serve a specified portion (e.g., 42 months) before becoming eligible for parole.
Can I get a permit to carry a handgun in New Jersey?
It depends. New Jersey law (N.J.S.A. 2C:58-4) allows for the issuance of permits to carry handguns, but the standard is “justifiable need.” You must demonstrate a specific, imminent threat to your life that cannot be avoided by other means. Self-defense or general protection is typically insufficient. The application process is rigorous and involves local police and Superior Court approval.
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 did not knowingly possess the weapon, proving you had a valid permit, or establishing that you fall under a statutory exemption (e.g., certain transportation exemptions). Each case is fact-specific.
Is this charge eligible for Pretrial Intervention (PTI)?
No, not typically. Graves Act offenses are presumptively ineligible for Pretrial Intervention (PTI) under New Jersey law. However, a prosecutor may consent to a Graves Act waiver in rare circumstances, allowing for PTI consideration. This requires compelling reasons and skilled legal advocacy.
What should I do if I am arrested for carrying a handgun?
First, remain silent and ask for a lawyer. Do not answer questions or make statements. Second, contact a criminal defense attorney as early as possible. The early stages of the case are critical for preserving rights, challenging bail, and beginning the investigation. Call our 24/7 line at (888) 437-7747.
For more information, see our New Jersey Criminal Defense Lawyer hub page. We also assist clients in neighboring areas like Bergen County and Middlesex County. If you have related legal needs in Somerset County, consider our services for federal crimes or drug crimes.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for up-to-date guidance.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset 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.