Carrying a Pistol Without a License Lawyer in Atlantic County, NJ
Carrying a pistol without a permit in Atlantic County is a serious crime under N.J.S.A. 2C:39-5(b), typically a second-degree offense. A conviction can mean 5-10 years in prison with a mandatory minimum parole ineligibility period. If you are charged, you need an experienced carrying a pistol without a license lawyer Atlantic County from Law Offices Of SRIS, P.C.
New Jersey Law on Unlawful Weapon Possession
New Jersey has some of the strictest firearm laws in the nation. The core statute governing unlicensed carry is N.J.S.A. 2C:39-5(b), which makes it a crime to knowingly possess a handgun without first obtaining a valid permit to carry. This law applies regardless of whether the weapon is loaded or concealed. The state treats this as a “Graves Act” offense, triggering severe mandatory minimum sentences upon conviction.
Last verified: April 2026 | Superior Court of NJ, Atlantic 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 Atlantic County court procedures and information, visit the Atlantic Vicinage website.
Atlantic County Court Process for Firearm Charges
In Atlantic County, charges for carrying a pistol without a license are heard in the Superior Court, Criminal Division. These are indictable offenses (similar to felonies in other states). The process begins with a complaint and a first appearance. The case is then presented to a grand jury for indictment. Given the severity, prosecutors in Atlantic Vicinage often seek the maximum penalties, especially in cases involving other alleged crimes.
- First Appearance & Complaint: You will be formally charged and advised of your rights. Bail conditions are set.
- Grand Jury Presentation: The prosecutor presents evidence to secure an indictment, moving the case to Superior Court.
- Pre-Indictment Discovery & Motions: Your attorney will obtain evidence and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your lawyer will negotiate for a reduction or prepare for trial.
- Sentencing (if convicted): A Graves Act conviction carries a mandatory state prison term with a period of parole ineligibility.
Potential Penalties for Unlawful Carry in NJ
In Atlantic County, carrying a pistol without a license is typically a second-degree crime carrying 5 to 10 years in state prison, with a mandatory minimum term of parole ineligibility (often 42 months).
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Carrying a Handgun Without a Permit (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime (Graves Act) | 5-10 years State Prison (mandatory min.) | Up to $150,000 | Permanent felony record, loss of firearm rights, parole ineligibility. |
| Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4(a)) | Second-Degree Crime | 5-10 years State Prison | Up to $150,000 | Consecutive sentences possible if convicted of multiple charges. |
| Certain Persons Not to Have Weapons (prior convictions) (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5-10 years State Prison (mandatory 5-year min.) | Up to $150,000 | Extended parole ineligibility, enhanced penalties. |
Results may vary. Prior results do not aim for 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 complex criminal defenses like firearms charges. Our firm-wide record includes over 4,739 case results with a 93%+ favorable outcome rate. We understand the high stakes in Atlantic County and build defenses that challenge the state’s evidence from the start.
Case Results & Client Advocacy
While specific results are confidential, our firm’s approach in weapons cases focuses on pre-trial motions to suppress evidence obtained through questionable searches or seizures. A successful motion can lead to the dismissal of charges. We aggressively negotiate to downgrade charges where possible and prepare every case for trial to use the best outcome.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Carrying a Pistol Without a License Lawyer Near Me Atlantic County
If you need an affordable carrying a pistol without a license lawyer Atlantic County, our team is ready to help. We serve clients throughout Atlantic County, including Atlantic City, Egg Harbor Township, Galloway, Hamilton Township, and Pleasantville.
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.
FAQs: Carrying a Pistol Without a License in NJ
Is carrying a pistol without a permit a felony in New Jersey?
Yes. It is classified as a second-degree indictable crime, equivalent to a felony, under N.J.S.A. 2C:39-5(b). Conviction carries state prison time and a permanent criminal record.
What are the mandatory minimum sentences for gun charges in NJ?
For most unlawful handgun possession convictions under the Graves Act, there is a mandatory period of parole ineligibility, often 42 months for a first offense. This means you must serve that time in prison before being eligible for parole.
Can I get a permit to carry after being charged?
It depends. A pending charge will almost certainly result in a permit denial. A conviction will permanently disqualify you from legally possessing a firearm in New Jersey.
What are common defenses to a gun possession charge?
Common defenses include challenging the legality of the police stop, search, or seizure; arguing lack of knowledge or possession; or questioning the operability of the firearm. An experienced carrying a pistol without a license lawyer Atlantic County can identify the best defense for your case.
Should I speak to the police if I’m arrested for a gun charge?
No. You have the right to remain silent and the right to an attorney. Politely invoke both rights. Anything you say can be used against you. Contact a lawyer immediately.
Internal Resources
For more information on criminal defense in New Jersey, visit our New Jersey Criminal Defense hub page. We also assist clients in nearby counties like Bergen County and Burlington County. For related legal issues in Atlantic County, see our pages on DUI defense and federal crimes.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.