Carrying a Pistol Without a License Lawyer Hunterdon County — What Are Your Defenses?
Carrying a handgun without a valid 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 state prison with a mandatory minimum parole ineligibility period. If you are facing these serious charges in Hunterdon County, you need immediate legal help from a carrying a pistol without a license lawyer Hunterdon County.
New Jersey Law on Unlicensed Carry of a Handgun
New Jersey maintains some of the strictest firearm laws in the nation. The core statute prohibiting unlicensed carry is N.J.S.A. 2C:39-5(b). It states that any person who knowingly has in their possession any handgun, including in a vehicle, without first having obtained a permit to carry the same, is guilty of a crime of the second degree.
Last verified: April 2026 | Superior Court of NJ, Hunterdon Vicinage | New Jersey Legislature
This is a “Graves Act” offense, triggering severe mandatory minimum sentences. A conviction requires a judge to impose a state prison term, with a period of parole ineligibility between one-third and one-half of the sentence imposed, or 3 years, whichever is greater. This means even a first-time offender faces a mandatory minimum of 3 to 5 years in prison without parole.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and locations in Hunterdon County, visit the Hunterdon Vicinage website.
Hunterdon County Court Process for Firearms Charges
Firearms charges in Hunterdon County are prosecuted aggressively in the Superior Court, Criminal Division. The process is complex and moves quickly after an arrest. Prosecutors will seek the mandatory prison term, making early and strategic intervention by a carrying a pistol without a license lawyer near me Hunterdon County critical.
- Initial Appearance & Detention Hearing: You will appear before a judge, often via video from jail. The state will argue for detention. Your lawyer must present arguments for your release with conditions.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure a formal indictment. This is a secret proceeding; your attorney cannot be present but can advise you beforehand.
- Pre-Indictment Plea Negotiations: Before indictment, your lawyer may negotiate with the prosecutor to seek a reduction in charges (e.g., to a third-degree unlawful possession charge) to avoid Graves Act penalties.
- Post-Indictment Arraignment & Discovery: After indictment, you are formally arraigned. Your attorney will file motions to obtain all evidence (discovery) from the state and may file motions to suppress evidence if your rights were violated.
- Pretrial Conferences & Resolution: Your lawyer will engage in intensive plea negotiations. If a fair plea cannot be reached, the case proceeds to a jury trial where every element of the charge must be proven beyond a reasonable doubt.
Potential Penalties for Unlicensed Carry in NJ
In Hunterdon County, carrying a pistol without a permit is a second-degree crime carrying a mandatory state prison sentence of 5 to 10 years, with a period of parole ineligibility.
| Offense | Classification | Incarceration | Fine | License Impact | 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). Parole ineligibility: 1/3 to 1/2 of sentence or 3 years, whichever is greater. | Up to $150,000 | Permanent forfeiture of firearm and future firearm ownership rights. | Felony record, loss of voting rights while incarcerated, severe employment/housing barriers. |
| Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5(b)) – If reduced | Third-Degree Crime | 3-5 years State Prison (Discretionary, may avoid mandatory minimum). | Up to $15,000 | Forfeiture of firearm. | Felony record. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Hunterdon 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 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 Hunterdon County and provide an aggressive, detail-oriented defense focused on challenging the state’s evidence and seeking charge reductions to avoid mandatory prison time.
Our Approach to Your Case
We begin with an immediate review of the arrest circumstances to identify constitutional violations, such as illegal search and seizure under the Fourth Amendment. Was the handgun found during a valid traffic stop? Was there probable cause for a search? We file aggressive motions to suppress evidence, which can lead to the dismissal of charges. We also explore all factual and legal defenses, such as lack of knowledge or possession, or exemptions under the law. Our goal for every client facing a second-degree Graves Act charge is to secure a charge reduction to avoid the mandatory prison sentence.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Hunterdon County Firearms Defense Lawyers
Our New Jersey location serves clients throughout Hunterdon County, including Flemington, Clinton, Lambertville, and Readington. We offer 24/7 phone consultations and meetings by appointment only.
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.
FAQs: Carrying a Pistol Without a License in Hunterdon County
Is carrying a pistol without a permit a felony in New Jersey?
Yes. It is classified as a second-degree crime, which is the equivalent of a felony. A conviction carries a mandatory state prison sentence of 5 to 10 years under the Graves Act.
Can I get bail if charged with this crime in Hunterdon County?
It depends. Prosecutors often seek pretrial detention (no bail) for second-degree Graves Act offenses. Your affordable carrying a pistol without a license lawyer Hunterdon County must argue at a detention hearing for your release with conditions, such as electronic monitoring. The outcome depends on your ties to the community and criminal history.
What are the possible defenses to this charge?
Common defenses include challenging the legality of the stop or search that discovered the firearm (Fourth Amendment violation), arguing you lacked knowledge the gun was present, proving you had a valid permit, or asserting an applicable statutory exemption. An experienced attorney will analyze all angles.
Can this charge be reduced to avoid prison time?
Yes, in some cases. Through skilled negotiation, an attorney may persuade the prosecutor to amend the charge to a third-degree unlawful possession offense, which does not carry the same mandatory Graves Act penalties and may allow for probation or a shorter, discretionary prison sentence.
How quickly should I contact a lawyer?
Immediately. Your first court appearance, which may be a detention hearing, can happen within 48 hours of arrest. Early intervention by a carrying a pistol without a license lawyer Hunterdon County is crucial to protect your rights and begin building a defense strategy.
Related Legal Resources
If you are facing other serious charges in Hunterdon County, our firm also provides defense for DUI, federal crimes, and business disputes. For a full overview of our New Jersey criminal defense practice, visit our New Jersey criminal defense hub page. We also serve neighboring counties like Somerset County and Warren County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal advice regarding your specific situation.