Carrying a Pistol Without a License Lawyer in Salem County, NJ
Carrying a pistol without a license in Salem County is a serious crime under N.J.S.A. 2C:39-5(b), classified as a crimey of the second degree. A conviction can mean 5-10 years in prison with a mandatory minimum parole ineligibility period. If you are charged, you need a carrying a pistol without a license lawyer Salem County from Law Offices Of SRIS, P.C.
New Jersey Law on Unlicensed Carry of a Handgun
New Jersey has some of the strictest gun 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 a pistol, revolver, or other firearm, without first having obtained a permit to carry it, is guilty of a crime of the second degree. There are very limited exceptions, such as for certain law enforcement officers or while on your own premises or fixed place of business.
Last verified: April 2026 | Superior Court of NJ, Salem 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). Court procedures and forms can be found at the Salem Vicinage website.
Defending Against Unlicensed Carry Charges in Salem County
Prosecutors in Salem County Superior Court treat unlicensed carry charges aggressively due to the state’s Graves Act, which mandates prison time. A strong defense often hinges on challenging the legality of the search that discovered the weapon. If the police lacked probable cause or a valid warrant, the evidence may be suppressed. Other defenses can include lack of knowledge, mistaken identity, or establishing that an exemption applies. An affordable carrying a pistol without a license lawyer Salem County from our firm will examine every detail.
- Initial Consultation: Contact our firm as early as possible after arrest or receiving a summons. We will review the charges and police reports with you.
- Investigation: We investigate the circumstances of the stop, search, and seizure to identify any constitutional violations.
- Pre-Indictment Phase: We may engage with the prosecutor’s office before formal charges are filed to present mitigating factors or challenge the evidence.
- Motion Practice: If necessary, we file motions to suppress evidence or dismiss charges based on legal defects.
- Negotiation or Trial: We pursue a favorable outcome, whether through a negotiated plea to a lesser charge or by taking the case to trial.
Potential Penalties for Carrying a Pistol Without a License
In Salem County, carrying a pistol without a license is a second-degree crime carrying a sentence of 5 to 10 years in state prison, with a mandatory minimum period of parole ineligibility under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying a Pistol Without a Permit (N.J.S.A. 2C:39-5(b)) | Crime of the 2nd Degree | 5-10 years (Graves Act applies) | Up to $150,000 | Firearms forfeiture; permanent loss of gun rights | Mandatory minimum parole ineligibility; felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to serious criminal defense cases like unlicensed firearm charges. Mr. Sris, our managing attorney and a former prosecutor, understands both sides of the courtroom. We have handled thousands of criminal cases across multiple states, developing strategies to protect our clients’ rights and futures.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes for clients facing serious charges. While specific results in Salem County for this charge are not published, our firm-wide approach focuses on thorough investigation and aggressive advocacy. We work to have charges reduced or dismissed where possible.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Carrying a Pistol Without a License Lawyer Near Me Salem County
Our New Jersey location serves clients throughout Salem County, including Salem, Pennsville, Carneys Point, and Woodstown. We are accessible from I-295, Route 45, and Route 49. If you need a carrying a pistol without a license lawyer near me Salem County, we are here to help.
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 — (888) 437-7747 — meetings by appointment only.
FAQs: Carrying a Pistol Without a License in NJ
Is carrying a pistol without a permit a felony in New Jersey?
Yes. Carrying a handgun without a valid permit is a second-degree crime under N.J.S.A. 2C:39-5(b), which is equivalent to a felony. Conviction carries a state prison sentence of 5 to 10 years.
What is the Graves Act in New Jersey?
It depends on the firearm and prior record. The Graves Act mandates mandatory minimum prison terms for certain firearms offenses, including unlicensed carry of a handgun. Judges have limited discretion to waive the parole ineligibility period only under very specific, narrow conditions.
Can I get a permit to carry after being charged?
No. Applying for a permit after an arrest will not help your criminal case and may be used against you. The focus must be on defending the existing charge. A future permit application would likely be denied due to the pending felony charge.
What should I do if I’m arrested for this charge?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a criminal defense lawyer who handles gun charges as soon as possible to begin building your defense.
Are there any defenses to this charge?
Yes. Common defenses include challenging the legality of the police stop or search (Fourth Amendment violations), arguing you lacked knowledge the firearm was present, or proving you fall under a statutory exception, such as being on your own property.
Related Legal Resources
If you are facing other charges, our firm also handles DUI defense in Salem County and federal criminal cases. For a broader overview of our New Jersey practice, visit our New Jersey criminal defense hub. We also serve neighboring areas like Atlantic County and Camden County.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
If your case reaches beyond Salem County, our page on carrying a pistol without a license charges across New Jersey sets out what to look for at each stage.
Your case in Salem 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 Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, 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 Salem 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: Salem County NJ lawyers directory · Carrying a Pistol without a License Lawyer Bergen County, NJ · Carrying a Pistol without a License Lawyer Hudson County, NJ · Carrying a Pistol without a License Lawyer Monmouth County.