Bergen County Carrying a Pistol Without a License Lawyer — What Are Your Defenses?
Carrying a pistol without a license in Bergen 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 a skilled carrying a pistol without a license lawyer Bergen County immediately. Law Offices Of SRIS, P.C.
New Jersey Law on Unlicensed Firearm Possession
New Jersey has some of the nation’s strictest firearm laws. The core statute prohibiting unlicensed carry is N.J.S.A. 2C:39-5(b). It is illegal to carry a handgun, including a pistol, in any public place or vehicle without first obtaining a valid permit to carry. This law applies regardless of whether the firearm is loaded or concealed. The statute is part of New Jersey’s full gun control framework, which severely restricts firearm possession outside one’s home or place of business.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). Court procedures and forms can be found at the Bergen County Superior Court website.
Local Court Process & Defense Strategy in Bergen County
Charges for carrying a pistol without a license are heard in the Superior Court, Law Division, Criminal Part, in Hackensack. The Bergen County Prosecutor’s Office aggressively pursues these cases, especially given the county’s proximity to New York City. Early intervention by a carrying a pistol without a license lawyer near me Bergen County is critical to challenge the legality of the stop, search, and seizure that led to the arrest.
- Arrest & Initial Appearance: You will be processed and have a first appearance in Superior Court, where bail conditions are set.
- Pre-Indictment Phase: Your attorney files motions to suppress evidence and challenges the prosecution’s case before formal charges are filed by a grand jury.
- Grand Jury Indictment: The case proceeds to a grand jury. A strong defense presentation can sometimes prevent an indictment.
- Pre-Trial Motions & Negotiations: If indicted, your lawyer negotiates with the prosecutor for a reduction in charges or explores diversion programs.
- Trial or Disposition: The case either goes to trial or is resolved through a plea agreement that minimizes penalties.
- Sentencing: If convicted, your attorney advocates at sentencing to argue for the lowest possible sentence within the statutory range.
Potential Penalties for Carrying a Pistol Without a Permit
In Bergen County, carrying a pistol without a license is typically a second-degree crime, punishable by 5 to 10 years in state prison, with a period of parole ineligibility under the Graves Act.
| Offense Level | Crime Degree | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Carrying a Handgun Without a Permit | 2nd Degree (typically) | 5-10 years (Graves Act applies) | Up to $150,000 | Mandatory parole ineligibility (e.g., 42 months), permanent felony record, loss of firearm rights. |
| Certain Persons Not to Possess Weapons (if prior disqualifier) | 2nd Degree | 5-10 years (mandatory min.) | Up to $150,000 | Extended parole ineligibility, consecutive sentencing possible. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Bergen County Firearms Defense Team
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of New Jersey gun charges and provide a defense focused on protecting your freedom.
Case Results & Client Advocacy
While specific case results are confidential, our approach in Bergen County focuses on challenging unlawful searches, contesting the prosecution’s evidence, and negotiating for charge reductions or alternative resolutions when trial is not the best option. We work to protect your rights from arrest through appeal.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Carrying a Pistol Without a License Lawyer Bergen County
If you are facing gun charges in Hackensack, Fort Lee, Paramus, or anywhere in Bergen County, do not delay. Our affordable carrying a pistol without a license lawyer Bergen County team is ready to help. We serve communities including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, and Bergenfield.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (609)-983-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
FAQs: Carrying a Pistol Without a License in NJ
Is carrying a pistol without a permit a felony in New Jersey?
Yes. It is typically charged as a second-degree crime, which is the equivalent of a felony in New Jersey. Conviction carries a state prison sentence of 5 to 10 years.
What is the Graves Act?
It is a New Jersey law (N.J.S.A. 2C:43-6(c)) that mandates a period of parole ineligibility for certain firearms offenses, including carrying a handgun without a permit. This means a convicted person must serve a minimum prison term before becoming eligible for parole.
Can I get a permit after being charged?
No. Applying for a permit after an arrest does not negate the charge. The offense is based on possessing the firearm without a valid permit at the time you were carrying it.
What are common defenses to this charge?
Defenses often challenge the legality of the police stop (lack of reasonable suspicion), the search (lack of probable cause or warrant), whether you were actually “carrying” the gun, or if you fall under a limited statutory exception.
Should I speak to the police if I’m arrested?
No. Politely state you wish to remain silent and request an attorney immediately. Anything you say can be used against you. Contact a carrying a pistol without a license lawyer Bergen County as soon as possible.
Related Legal Resources
If you are dealing with other criminal charges, our firm also handles DUI defense in Bergen County, federal crimes, and general criminal defense. For a broader overview, see our New Jersey criminal defense hub. We also assist clients in neighboring areas like Essex County and Hudson County.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.