Burlington County Carrying a Pistol Without a License Lawyer — What Are Your Defense Options?
Carrying a handgun without a permit in New Jersey is a second-degree crime under N.J.S.A. 2C:39-5(b), punishable by 5 to 10 years in prison with a mandatory minimum parole ineligibility period. If you are charged in Burlington County, you need immediate legal help. A carrying a pistol without a license lawyer Burlington County from Law Offices Of SRIS, P.C.
New Jersey Law on Unlawful Handgun Possession
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
New Jersey has some of the strictest firearm laws in the nation. The core statute, N.J.S.A. 2C:39-5(b), makes it a crime of the second degree to knowingly have a handgun in your possession “without first having obtained a permit to carry the same.” This law applies whether the gun is on your person or readily accessible in a vehicle. There is no “grace period” for visitors from other states; the permit requirement is immediate. The statute’s severity reflects the state’s intent to deter unlicensed carry, making the choice of a skilled carrying a pistol without a license lawyer Burlington County critical.
External Legal Resources
For the official text of the statute, refer to the New Jersey Legislature’s website for N.J.S.A. 2C:39-5. For court procedures and forms in Burlington County, visit the New Jersey Courts website for the Burlington Vicinage.
Local Court Process and Defense Strategy in Burlington County
Firearm possession cases in Burlington County are prosecuted in the Superior Court, Law Division (Criminal Part). These are indictable offenses (the NJ equivalent of felonies), meaning your case will start with a complaint and proceed to a grand jury. The Burlington County Prosecutor’s Office takes these charges very seriously and will seek severe penalties. An experienced carrying a pistol without a license lawyer near me Burlington County understands that the state must prove you knowingly possessed the firearm. A common defense is challenging the legality of the search or seizure that led to the discovery of the weapon. If the police lacked probable cause or a valid warrant, the evidence may be suppressed.
- Initial Appearance & Detention Hearing: After arrest, you will have a first appearance where the court advises you of the charges. Under NJ bail reform, a detention hearing may be held to determine if you will be released pending trial.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury. If indicted, the case proceeds in Superior Court.
- Pre-Trial Motions: Your attorney will file motions, most importantly a motion to suppress evidence if the search was unconstitutional.
- Plea Negotiations: Based on the strength of the evidence and motions, your lawyer will negotiate with the prosecutor for a potential reduction or favorable plea agreement.
- Trial: If no agreement is reached, the case proceeds to a jury trial in Mount Holly.
- Sentencing: If convicted, sentencing will follow, where arguments for a term below the mandatory minimum can be made.
Potential Penalties for Unlawful Handgun Carry in NJ
In Burlington County, carrying a pistol without a permit is a second-degree crime carrying a mandatory minimum state prison sentence of 3 to 5 years without parole, with a maximum of 10 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Handgun Without Permit (N.J.S.A. 2C:39-5(b)) | Crime of the 2nd Degree | 5-10 years (Parole ineligibility 3-5 yrs) | Up to $150,000 | Loss of firearm privileges; felony record | Graves Act applies; mandatory minimum; permanent criminal record. |
| Possession of Firearm for Unlawful Purpose (N.J.S.A. 2C:39-4(a)) | Crime of the 2nd Degree | 5-10 years (Parole ineligibility 3-5 yrs) | Up to $150,000 | Loss of firearm privileges; felony record | Often charged together; Graves Act applies. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of Graves Act offenses in New Jersey and provide aggressive, strategic defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to fighting for every client.
Case Results and Client Advocacy
While specific Burlington County firearm case results are protected by attorney-client privilege, our firm’s approach focuses on challenging the state’s case at its foundation. We meticulously review police reports, body camera footage, and search warrant affidavits for constitutional violations. A favorable outcome often hinges on a successful motion to suppress evidence. Results may vary. Prior results do not guarantee a similar outcome.
Contact a Carrying a Pistol Without a License Lawyer Burlington County
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford. We are accessible via the NJ Turnpike and I-295. If you need an affordable carrying a pistol without a license lawyer Burlington County, contact us for a 24/7 phone consultation.
Law Offices Of SRIS, P.C.
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.
Frequently Asked Questions
What is the penalty for carrying a gun without a permit in New Jersey?
It is a second-degree crime. The penalty is 5 to 10 years in state prison, with a mandatory minimum period of 3 to 5 years without parole under the Graves Act. You also face a fine of up to $150,000.
Can I get a permit to carry after being charged?
No. A criminal charge for unlawful carry will almost certainly disqualify you from obtaining a permit. The legal process focuses on defending against the current charge, not on future permit eligibility.
What if the gun was in my car but not on me?
New Jersey law considers a handgun “readily accessible” in a vehicle (like the glove compartment or under a seat) as “carrying.” The same severe penalties apply. The state must prove you knew it was there.
Are there any defenses to this charge?
Yes. Common defenses include challenging the legality of the police stop or search (Fourth Amendment violation), arguing lack of knowledge or possession, or questioning the operability of the firearm. An experienced attorney will identify the best defense strategy.
How quickly should I contact a lawyer?
Immediately. Early intervention by a carrying a pistol without a license lawyer Burlington County is important. Your attorney can advise you during questioning, seek your release from custody, and begin investigating and challenging the evidence before the case proceeds to a grand jury.
Related Legal Information
If you are facing these serious charges, you need dedicated help. For more information on our criminal defense practice, visit our New Jersey Criminal Defense Lawyer hub page. We also assist clients in neighboring counties like Camden County and Ocean County. For other legal needs in Burlington County, see our pages on DUI Defense and Federal Criminal Defense.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding carrying a pistol without a license in Burlington County.
For the full picture beyond Burlington County, our page on carrying a pistol without a license cases in New Jersey covers the process end to end.
Your case in Burlington County, New Jersey
DWI and traffic charges are heard first in the municipal court for the town where the stop occurred; appeals go to the Law Division of the county Superior Court. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 N.J.S.A. 39:4-50 (driving while intoxicated) within N.J.S.A. Title 39, the motor vehicle and traffic code. Law Offices Of SRIS, P.C. handles Burlington 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: Burlington County NJ lawyers directory · Carrying a Pistol without a License Lawyer Bergen County, NJ · Carrying a Pistol without a License Lawyer Hudson County, NJ · Carrying a Pistol without a License Lawyer Monmouth County.