Carrying a Pistol Without a License Lawyer in Mercer County, NJ — What Are Your Defenses?
Carrying a pistol without a license in Mercer County is a serious crime under N.J.S.A. 2C:39-5(b), typically a second-degree felony carrying 5-10 years in prison. A conviction can permanently alter your life. Law Offices Of SRIS, P.C. provides immediate defense for these charges. Our firm, founded in 1997, has extensive experience in Mercer County Superior Court. We offer 24/7 consultations to protect your rights.
New Jersey Law on Unlicensed Firearm Possession
In New Jersey, it is illegal to carry a handgun in public without a valid permit to carry, as defined by N.J.S.A. 2C:39-5(b). This statute is part of New Jersey’s Graves Act, which mandates severe penalties for certain firearms offenses. The law is strict, and prosecutors in Mercer County, which includes the state capital of Trenton, aggressively pursue these cases. The state’s position is that carrying a firearm without explicit authorization is a grave public safety threat.
Last verified: April 2026 | Superior Court of NJ, Mercer Vicinage | New Jersey Legislature
Official 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. Court procedures and local rules for Mercer County can be found on the New Jersey Courts website for the Mercer Vicinage.
The Mercer County Court Process for Firearms Charges
If you are charged with carrying a pistol without a license, your case will be heard in the Criminal Division of the Mercer County Superior Court in Trenton. These are indictable crimes (felonies) handled at the county level, not in municipal court. The process begins with a complaint and your first appearance. Given the severity, the case will likely be presented to a grand jury for indictment.
- First Appearance: You will be formally advised of the charges. The court will address bail or pretrial release conditions.
- Indictment: The case is presented to a grand jury. If indicted, you will be arraigned on the formal accusation.
- Discovery & Motions: Your attorney will obtain all evidence from the state and may file motions to suppress evidence or dismiss charges if your rights were violated during the stop or search.
- Plea Negotiations: Your lawyer will negotiate with the Mercer County Prosecutor’s Office, often seeking a reduction to a lesser charge or arguing for a non-custodial sentence.
- Trial or Disposition: If no acceptable plea is reached, your case will proceed to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing will follow, with the judge considering arguments to mitigate the mandatory Graves Act penalties.
Potential Penalties for Carrying a Pistol Without a License in NJ
In Mercer County, carrying a pistol without a license is typically a second-degree crime, punishable by 5 to 10 years in state prison with a mandatory minimum parole ineligibility period under the Graves Act.
| 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 (typically) | 5-10 years state prison; Graves Act mandatory minimum (typically 3-5 years without parole) | Up to $150,000 | Loss of firearm purchaser ID card; permanent felony record | Forfeiture of the weapon; permanent loss of right to possess firearms; collateral immigration & employment consequences |
| Certain Persons Not to Have Weapons (if prior disqualifier exists) | Second-Degree Crime | 5-10 years state prison; mandatory minimum 5 years without parole | Up to $150,000 | N/A | Enhanced penalties; severe prior record implications |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Mercer 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 your defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a Graves Act case in Mercer County and provide a strong, strategic defense focused on protecting your freedom and future.
Case Results & Client Advocacy
While specific case results are confidential, our firm’s approach in Mercer County focuses on challenging the legality of the stop, search, and seizure that led to the firearm charge. We meticulously review police reports and body camera footage for constitutional violations. A successful motion to suppress evidence can lead to a complete dismissal of charges. Our team works to negotiate reductions where possible and prepares every case for trial if necessary.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Mercer County Firearms Defense Lawyers
Our New Jersey location serves clients at Mercer County Superior Court in Trenton. We represent individuals in Trenton, Princeton, Hamilton Township, Ewing, Lawrence, and throughout the county. If you need a carrying a pistol without a license lawyer near me Mercer County, we are accessible.
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 Mercer County
Is carrying a pistol without a permit a felony in New Jersey?
Yes. Carrying a handgun without a valid permit is typically charged as a second-degree indictable crime (equivalent to a felony) under N.J.S.A. 2C:39-5(b). It carries severe penalties including state prison time.
What is the Graves Act in NJ gun cases?
It is a law that mandates mandatory minimum prison sentences, with periods of parole ineligibility, for certain firearms offenses like unlawful possession of a handgun. It severely limits a judge’s discretion at sentencing.
Can I get a permit after being charged to fix the problem?
No. Obtaining a permit after the fact does not negate the charge of carrying without one at the time of arrest. The charge is based on your status at the moment you were found with the weapon.
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 exception), or whether you were actually “carrying” the weapon as defined by law. Factual disputes about possession are also common.
Why should I hire an affordable carrying a pistol without a license lawyer Mercer County from your firm?
We provide experienced, high-quality defense at a reasonable cost because the consequences of a conviction are too severe to risk. Our firm offers clear fee structures and focuses on efficient, strategic defense to achieve the best possible outcome for your case.
Internal Resources
For more information on related legal issues in New Jersey, visit our New Jersey Criminal Defense Lawyer hub page. You may also find our pages on Federal Criminal Defense in Mercer County and Criminal Defense in Burlington County useful.
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 guidance regarding your specific situation.