Monmouth 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 5-10 years in prison with a mandatory minimum parole ineligibility period. If you are charged in Monmouth County, you need immediate legal help. The Law Offices Of SRIS, P.C. provides strong defense for those accused of carrying a pistol without a license.
Statutory Definition of Unlawful Handgun Possession in New Jersey
New Jersey has some of the strictest gun laws in the nation. The core statute prohibiting the unlicensed carrying of a handgun is N.J.S.A. 2C:39-5(b). It states that any person who knowingly has in their possession any handgun, including a pistol or revolver, without first having obtained a permit to carry the same, is guilty of a crime of the second degree. This is a “Graves Act” offense, which triggers mandatory minimum prison sentences and severe restrictions on plea bargaining.
Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5(b) (official New Jersey Legislature site). For court procedures and locations, visit the Monmouth Vicinage of the New Jersey Superior Court.
Local Court Process and Defense Strategy in Monmouth County
In Monmouth County, these cases are prosecuted in the Superior Court, Criminal Division. The prosecution must prove you knowingly possessed the handgun and that you lacked a valid permit. Common defenses challenge the legality of the search that discovered the weapon, question whether you had “knowing” possession, or argue for a downgrade of the charge under the “Graves Act” waiver provisions, which are narrowly applied.
- Arrest and Initial Appearance: You will be charged, and an initial hearing will be set in Superior Court. Bail conditions will be determined.
- Pre-Indictment Phase: Your attorney will review discovery, file motions to suppress evidence if the search was illegal, and engage in early negotiations with the prosecutor’s office.
- Grand Jury Indictment: For a second-degree crime, the case will be presented to a grand jury. If indicted, the case proceeds in Superior Court.
- Pre-Trial Motions and Hearings: Critical motions, especially to suppress the gun as evidence, are heard. This phase can determine the entire case.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your attorney will advise on whether to accept a plea offer or proceed to trial.
- Sentencing (if convicted): A second-degree conviction carries a mandatory state prison sentence with a period of parole ineligibility.
Potential Penalties for Carrying a Pistol Without a Permit
In Monmouth County, carrying a pistol without a license is a second-degree crime with a mandatory minimum prison term 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)) | Crime of the 2nd Degree | 5-10 years in NJ State Prison. Mandatory minimum period of parole ineligibility (typically 3-5 years). | Up to $150,000 | Loss of firearm purchaser ID card and future permit eligibility; professional license revocation possible. | Graves Act offense; permanent felony record; loss of voting rights while incarcerated; immigration consequences for non-citizens. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Monmouth County Gun Charge
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of Graves Act cases in New Jersey and provide a focused, aggressive defense.
Case Results and Client Advocacy
While specific case results are confidential, our firm has a documented history of achieving favorable outcomes in serious weapon possession cases across New Jersey. Strategies have included successful motions to suppress evidence, negotiating charges below the Graves Act threshold, and securing alternative sentencing in appropriate cases.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Monmouth County Gun Charges
Our New Jersey location serves clients at the Monmouth County Courthouse in Freehold. We represent individuals from Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck.
Available 24/7 | 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
If you need an affordable carrying a pistol without a license lawyer Monmouth County, contact us for a consultation. We offer 24/7 phone consultations — meetings are by appointment only.
Frequently Asked Questions
Is carrying a pistol without a permit a felony in NJ?
Yes. It is classified as a second-degree crime, which is New Jersey’s equivalent of a felony, and carries a mandatory state prison sentence under the Graves Act.
Can I get a plea deal for a gun charge in Monmouth County?
It depends. Graves Act charges have strict plea restrictions. However, a skilled carrying a pistol without a license lawyer near me Monmouth County can file a “Graves Act waiver” motion or challenge the evidence, which may create opportunities for a negotiated resolution to a lesser charge.
What is the mandatory minimum sentence?
The mandatory minimum period of parole ineligibility is typically between 3 and 5 years in state prison for a second-degree unlawful handgun possession conviction, meaning you must serve that time before being eligible for parole.
What if the gun wasn’t on me, just in my car?
New Jersey law on “constructive possession” means you can be charged if you had knowledge of and control over the weapon, even if it was in a vehicle’s glove compartment or trunk. A strong defense often focuses on challenging the “knowing possession” element.
How long does a case like this take?
A case in Superior Court can take 12 to 24 months or more to resolve, depending on motions, negotiations, and whether it goes to trial. The pre-indictment and motion phases are often the most critical for the defense.
Related Legal Services in Monmouth County
If you are facing other charges, we also assist with DUI defense, federal crimes, and business law. For all New Jersey firearm defense, see our statewide hub page. We also serve neighboring areas like Atlantic County and Bergen County.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for up-to-date guidance.
Monmouth County cases follow the same route as the rest of the state, and our page on carrying a pistol without a license cases in New Jersey explains each stage.
Your case in Monmouth 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 Monmouth County that is the Superior Court of NJ, Monmouth Vicinage (9th Vicinage), 71 Monument Park, Freehold, NJ 07728, telephone (732) 677-4200, 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 Monmouth 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: Monmouth County NJ lawyers directory · Carrying a Pistol without a License Lawyer Bergen County, NJ · Carrying a Pistol without a License Lawyer Hudson County, NJ.