Union County Carrying a Handgun Lawyer — What Are Your Defense Options?
Carrying a handgun without a permit in Union County is a serious criminal offense under New Jersey law, specifically N.J.S.A. 2C:39-5(b), which can lead to a second-degree crime charge with a mandatory minimum prison sentence. The Law Offices Of SRIS, P.C. has extensive experience defending clients in Union County Superior Court against these severe allegations.
Understanding New Jersey’s Unlawful Weapons Possession Laws
New Jersey maintains some of the strictest gun control laws in the nation. The primary statute governing the unlawful possession of a handgun is N.J.S.A. 2C:39-5(b). This law makes it a crime to knowingly have in your possession any 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 in another state; doing so without a New Jersey permit is a violation.
Last verified: April 2026 | Union County Superior Court | New Jersey Legislature.
Official Legal Resources and Court Information
For the official text of the statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures and filings for Union County cases are handled through the Union Vicinage of the New Jersey Superior Court.
The Local Court Process for a Carrying a Handgun Charge in Union County
In Union County, a charge for unlawfully carrying a handgun is typically initiated in municipal court but is almost immediately transferred “up” to the Superior Court, Criminal Division, due to the severity of the offense. Prosecutors in the Union County Prosecutor’s Office take these cases very seriously and often seek the mandatory minimum sentences. An experienced carrying a handgun lawyer near me Union County understands that early intervention is key. They can file motions to challenge the legality of the stop, search, or seizure that led to the discovery of the weapon, which is often the strongest line of defense.
- Arraignment & Initial Appearance: You will be formally advised of the charges in Superior Court and bail conditions will be set.
- Pre-Indictment Phase: Your attorney will review discovery, communicate with the prosecutor, and may file pre-indictment motions to suppress evidence or dismiss charges.
- Grand Jury Indictment: The prosecutor will present evidence to a grand jury to secure a formal indictment, moving the case forward.
- Post-Indictment Arraignment: You will be arraigned on the indictment and a trial date may be set.
- Plea Negotiations & Motions: Most cases are resolved through plea negotiations. Your lawyer will work to secure a favorable plea deal, potentially to a lesser charge, or proceed to trial.
- Trial or Disposition: If no plea agreement is reached, your case will proceed to a jury trial in Union County Superior Court.
Potential Penalties for Unlawful Handgun Possession
In Union County, carrying a handgun without a permit is typically charged as a second-degree crime, carrying a mandatory minimum state prison sentence of 3 to 5 years under the Graves Act, with a presumption of imprisonment.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (with 3-5 year mandatory minimum parole ineligibility) | Up to $150,000 | Graves Act applies; permanent felony record; loss of firearm rights; professional license implications. |
| Certain Persons Not to Possess Weapons (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5-10 years (with 5-year mandatory minimum parole ineligibility) | Up to $150,000 | Enhanced penalty for prior convictions; parole ineligibility is longer. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Union County Weapons Charge
Founded in 1997 by a former prosecutor, the 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 documented case results with a favorable outcome rate exceeding 93%. We understand the high-stakes nature of Graves Act cases in New Jersey and provide a focused, strategic defense. Our approach is “Advocacy Without Borders,” meaning we fight relentlessly for every client.
Documented Case Results in Weapons Defense
Our attorneys have successfully defended clients against serious weapons charges. In one case, we secured a dismissal of all charges after filing a motion to suppress evidence from an illegal vehicle search. In another, we negotiated a reduction from a second-degree Graves Act offense to a fourth-degree disorderly persons offense, allowing the client to avoid state prison. Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Union County Residents
Our New Jersey location is strategically positioned to serve Union County residents. We are accessible via the Garden State Parkway and other major routes, making it convenient for meetings as we prepare your defense. We serve clients from Elizabeth, Linden, Plainfield, Rahway, and surrounding communities.
Law Offices Of SRIS, P.C.
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Toll-Free: (888) 437-7747 | Local: (609)-983-0003
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24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions About Carrying a Handgun Charges
Can I go to jail for having a handgun in my car in New Jersey?
Yes. Possession of a handgun in a vehicle without a valid New Jersey carry permit is a second-degree crime under N.J.S.A. 2C:39-5(b). It carries a mandatory minimum state prison sentence of 3 to 5 years under the Graves Act, with a presumption of imprisonment, not probation.
What is the Graves Act?
It depends. The Graves Act is a New Jersey law that mandates minimum periods of parole ineligibility for certain firearms offenses, including unlawful possession of a handgun. For a first offense under N.J.S.A. 2C:39-5(b), the mandatory minimum is 3 to 5 years in state prison before parole eligibility. This makes securing an affordable carrying a handgun lawyer Union County who can challenge the charge or negotiate a waiver critical.
Are there any defenses to a carrying a handgun charge?
Yes. Common defenses include challenging the legality of the police stop (lack of reasonable suspicion), the search of your person or vehicle (lack of probable cause or warrant), proving you had a valid permit, or arguing the item was not a “firearm” as defined by law. An experienced carrying a handgun lawyer Union County will investigate all angles.
What should I do if I’m arrested for a gun charge in Union County?
First, remain silent and ask for a lawyer immediately. Do not answer questions or make statements. Second, contact a criminal defense attorney who concentrates on weapons charges as soon as possible. Early intervention by a skilled carrying a handgun lawyer near me Union County is important for investigating the arrest and filing pre-indictment motions.
Can a Graves Act mandatory minimum be avoided?
It depends. In limited circumstances, a prosecutor may file a motion for a “Graves Act waiver” to allow for a reduced sentence, such as probation. This is not guaranteed and requires skilled negotiation. Alternatively, your attorney may succeed in having the charge dismissed or reduced to a non-Graves Act offense through pretrial motions.
Last verified: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (609)-983-0003 for current legal guidance regarding your specific situation.
For more information on related charges, see our pages on New Jersey Felony Lawyer and New Jersey Drug Crime Lawyer. To understand our broader practice, visit our Criminal Defense hub page.
New Jersey law governs this practice area.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union 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.