Carrying a Pistol Without a License Lawyer New Jersey — What Are Your Defenses?
Carrying a pistol 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 state prison with a mandatory minimum parole ineligibility period. A conviction carries severe, lasting consequences.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
New Jersey Law on Unlicensed Firearm Possession
The statute governing this offense is N.J.S.A. 2C:39-5(b). It is unlawful for any person to knowingly have in their possession any handgun, including a pistol, revolver, or other firearm, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4. There are very few exceptions to this requirement. The law is intentionally strict, and prosecutors pursue these charges aggressively. The state must prove you knowingly possessed the handgun and that you lacked the valid permit required by law.
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and rules, visit the New Jersey Courts website.
Local Court Process for Firearms Charges
Charges for carrying a pistol without a license are indictable offenses (felonies) in New Jersey. Your case will begin with a complaint and a first appearance in Superior Court, where conditions of release are set. The case then proceeds to a grand jury for indictment. Following indictment, there are pre-trial conferences, motion hearings, and potentially a trial. The entire process is demanding and high-stakes, requiring an attorney who understands both the legal arguments and local court expectations.
- First Appearance: Attend your initial court date. An attorney can argue for your release on your own recognizance or for reasonable bail.
- Case Review & Investigation: Your lawyer will obtain discovery, review police reports, and investigate the circumstances of the stop and search.
- Pre-Indictment Phase: Explore potential pre-indictment resolutions or file motions to suppress evidence if the stop or search was unlawful.
- Post-Indictment Motions: File legal motions challenging the evidence or seeking dismissal of charges.
- Plea Negotiations or Trial: Work toward a favorable plea agreement that reduces exposure or prepare for trial if the state’s case is weak.
- Sentencing: If convicted, present mitigating factors to argue for a sentence at the lowest end of the range.
Potential Penalties for Unlicensed Carry in NJ
In New Jersey, carrying a pistol without a license is a second-degree crime carrying a mandatory state prison sentence 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 | 5-10 years state prison; Graves Act mandates 42-60 months parole ineligibility | Up to $150,000 | Loss of firearm purchaser ID card; permanent felony record | Forfeiture of the firearm; permanent criminal record; loss of professional licenses; immigration consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearms Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined legal experience and a record of 4,739+ case results firm-wide, we bring a depth of knowledge to serious criminal defenses like firearms charges. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive, boundary-pushing representation for every client.
Our Approach to Your Case
We begin every case with a thorough investigation. Was the traffic stop or pedestrian stop lawful? Did police have probable cause to search? Was your statement obtained properly? We scrutinize every step of the state’s case for constitutional violations. A successful motion to suppress evidence can lead to a case being dismissed. We also explore all factual and legal defenses, such as lack of knowledge or possession, or challenging the operability of the firearm.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Carrying a Pistol Without a License Lawyer Near Me New Jersey
Our New Jersey location at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724 serves clients across all 21 counties, including Bergen, Essex, and Monmouth. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724, United States
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions
What should I do if I’m arrested for carrying a pistol without a permit in NJ?
Remain silent and ask for a lawyer immediately. Do not answer questions or make any statements to police. Contact a carrying a pistol without a license lawyer New Jersey as soon as possible to begin building your defense.
Can I get a permit after the fact to avoid charges?
No. The law requires you to have the valid permit in your possession at the time you are carrying the handgun. Obtaining a permit after an arrest does not negate the charge for the prior unlicensed carry.
Are there any defenses to this charge?
Yes. Common defenses include challenging the legality of the stop or search (Fourth Amendment), arguing you did not knowingly possess the firearm, or that the item was not a operable “handgun” as defined by law. An affordable carrying a pistol without a license lawyer New Jersey can evaluate the specific defenses in your case.
Is this charge eligible for PTI (Pre-Trial Intervention)?
It depends. Second-degree Graves Act offenses like unlicensed carry of a handgun are generally not eligible for standard PTI. However, under certain circumstances and with a skilled attorney, you may pursue other diversionary programs or argue for a downgraded charge that is eligible.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6(c)) mandates a period of parole ineligibility for certain firearms offenses, including carrying a handgun without a permit. It requires a judge to impose a mandatory minimum prison sentence, typically between 42 and 60 months, during which you are not eligible for parole.
Related Pages: For other serious charges, see our New Jersey Federal Criminal Lawyer page or our New Jersey Criminal Defense Lawyer hub. For defense in a neighboring area, consider our Bergen County firearms lawyer.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
A carrying a pistol without a license case is one part of general traffic defence work, and our page on violation of hov lawyer New Jersey covers the wider process.