Carrying a Pistol Without a License Lawyer in Passaic County, NJ — 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 Passaic County, you need immediate legal help from a carrying a pistol without a license lawyer Passaic County. Law Offices Of SRIS, P.C.
Statutory Definition of Unlawful Weapon Possession in New Jersey
New Jersey has some of the nation’s strictest firearm laws. The core statute prohibiting the unlicensed carrying of a handgun is N.J.S.A. 2C:39-5(b). This law makes it a crime of the second degree for any person to knowingly have in their possession any handgun, including a pistol or revolver, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4. There is no “grace period” or exception for merely transporting an unloaded firearm in a vehicle without the proper permit; such actions typically fall under separate unlawful possession statutes.
Last verified: April 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature.
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-5(b) (official New Jersey Legislature site). For local court procedures and information, visit the Passaic Vicinage website.
Insider Procedural Edge in Passaic County
In the Passaic County Superior Court, these cases are prosecuted aggressively by the Prosecutor’s Office. The court’s location in Paterson means your case will be heard in a busy urban vicinage where judges are familiar with these charges. Early intervention by a skilled carrying a pistol without a license lawyer Passaic County is critical to challenge the state’s evidence, such as the legality of the stop or search that led to the discovery of the firearm.
- Secure Immediate Representation: Contact a criminal defense attorney before speaking to investigators.
- Case Review & Investigation: Your lawyer will obtain discovery, review police reports, and investigate the circumstances of the arrest.
- Pre-Indictment Motions: File motions to suppress evidence if the stop, search, or seizure violated your constitutional rights.
- Negotiation or Trial: Based on the evidence, your attorney will either negotiate for a reduced charge or prepare a vigorous trial defense.
- Sentencing Mitigation: If convicted, present compelling mitigation to argue for the lowest possible sentence within the mandatory range.
Potential Penalties for Carrying a Pistol Without a Permit
In Passaic County, carrying a pistol without a license is a second-degree crime carrying a mandatory state prison sentence of 5 to 10 years, with a period of parole ineligibility between one-third and one-half of the sentence imposed.
| 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 (Mandatory Minimum) | Up to $150,000 | Loss of firearm privileges; potential loss of professional licenses | Graves Act offense; mandatory parole ineligibility; permanent felony record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Passaic 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 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a second-degree Graves Act charge and provide a focused, aggressive defense strategy from the moment you contact us.
Case Results & Client Advocacy
While specific Passaic County results are protected by confidentiality, our firm’s approach to Graves Act cases involves challenging the state’s evidence at every turn. We have successfully argued motions to suppress, negotiated reductions in charges, and prepared cases for trial where the evidence warranted it. A strong defense requires immediate action.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Passaic County Firearms Defense Lawyers
Our New Jersey location serves clients throughout Passaic County, including Paterson, Clifton, Wayne, and Passaic City. We are accessible via I-80, Route 46, and Route 23. If you need an affordable carrying a pistol without a license lawyer Passaic County, contact us for a consultation.
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.
Frequently Asked Questions
What should I do if I’m arrested for carrying a gun without a permit in Passaic County?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to police. Contact a carrying a pistol without a license lawyer near me Passaic County as soon as possible to begin building your defense.
Is there a mandatory jail sentence for this charge?
Yes. Under New Jersey’s Graves Act, carrying a handgun without a permit is a second-degree crime with a mandatory state prison sentence of 5 to 10 years. A period of parole ineligibility is also mandatory.
Can the charge be reduced or dismissed?
It depends. The outcome hinges on the strength of the evidence and the specific facts. A skilled carrying a pistol without a license lawyer Passaic County can file motions to suppress evidence obtained illegally, challenge the prosecution’s case, and negotiate for a lesser charge in certain circumstances, though reductions are difficult under the Graves Act.
What is the Graves Act?
The Graves Act is a New Jersey law that mandates prison time for certain firearms offenses, including unlawful possession of a handgun. It severely limits a judge’s discretion in sentencing and requires a period of parole ineligibility.
How quickly do I need a lawyer?
Immediately. Early intervention is crucial. An attorney can protect your rights during questioning, secure your release on bail, and begin investigating and challenging the state’s case before formal charges are solidified.
Internal Resources
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 Bergen County and Essex County. For other legal needs in Passaic County, explore our services for DUI Defense or Drug Crimes.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.