Carrying a Pistol Without a License Lawyer in Somerset County, NJ — 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 5-10 years in prison with a mandatory minimum parole ineligibility period. If you are charged in Somerset County, you need a strong defense. Law Offices Of SRIS, P.C. provides experienced representation for firearm charges. Contact a carrying a pistol without a license lawyer Somerset County today.
New Jersey Law on Unlicensed Firearm Possession
New Jersey has some of the strictest firearm laws in the nation. The statute governing unlicensed carry is N.J.S.A. 2C:39-5(b). It states that any person who knowingly has in their possession any handgun without first having obtained a permit to carry it is guilty of a crime of the second degree. This applies regardless of whether the firearm is loaded or concealed. The law makes few exceptions, and even having a firearm in your vehicle without the proper permit can lead to these severe charges.
Last verified: April 2026 | Superior Court of NJ, Somerset 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 statutes). For court procedures and information, visit the Somerset Vicinage website.
The Court Process and Defense Strategy in Somerset County
Charges for carrying a pistol without a license are heard in the Superior Court, Law Division, in Somerville. The prosecution must prove you knowingly possessed the handgun and lacked a valid permit. A strong defense often challenges the legality of the search or seizure that discovered the weapon. If the police lacked probable cause or a valid warrant, the evidence may be suppressed. Other defenses can include questioning whether you had knowledge of the firearm’s presence or establishing that you fall under a narrow statutory exemption.
- Initial Arrest & Complaint: You will be charged via a complaint-warrant or complaint-summons. This starts the formal process.
- First Appearance & Detention Hearing: Under NJ bail reform, the court will determine if you are released or detained pending trial at this hearing.
- Pre-Indictment Phase: Your attorney can negotiate with the prosecutor to attempt to resolve the case before it goes to a grand jury.
- Grand Jury Indictment: If not resolved, the case is presented to a grand jury. If indicted, it proceeds in Superior Court.
- Pre-Trial Motions: Your lawyer will file critical motions, such as a motion to suppress evidence.
- Trial or Plea Negotiation: The case will either go to trial before a jury or be resolved through a negotiated plea agreement.
Potential Penalties for Unlicensed Carry in NJ
In Somerset County, 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 in State Prison. Mandatory minimum period (typically 3-5 years) without parole eligibility under the Graves Act. | Up to $150,000 | Loss of firearm purchaser ID card and future rights. | Permanent felony record, loss of voting rights while incarcerated, difficulty obtaining employment/housing. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearm Charge?
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 defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of second-degree firearm charges and the specific procedures of Somerset County courts.
Case Results and Client Advocacy
While specific results in Somerset County for this charge are not publicly listed, our firm has a documented history of achieving favorable outcomes in serious criminal cases across New Jersey. We work to have charges dismissed, reduced, or to secure alternatives to incarceration where possible. Results may vary. Prior results do not aim for a similar outcome.
Contact a Carrying a Pistol Without a License Lawyer Somerset County
Our New Jersey location serves clients in Somerset County and is accessible via I-287 and Route 22. We are a carrying a pistol without a license lawyer near me Somerset County for residents of Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (609)-983-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions
What is the penalty for carrying a gun without a permit in NJ?
It is a second-degree crime. The penalty is 5 to 10 years in state prison with a mandatory minimum period (often 3 to 5 years) of parole ineligibility under the Graves Act, plus fines up to $150,000.
Can I get a public defender for a gun charge in Somerset County?
It depends. You must qualify based on income and the seriousness of the charge. For a second-degree crime, you may qualify, but given the complexity and severe penalties, many seek an affordable carrying a pistol without a license lawyer Somerset County from a private firm for more dedicated attention.
What are common defenses to an unlicensed carry charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment violation), arguing you lacked knowledge the firearm was present, or proving you had a valid permit that was not recognized at the time. Each case is fact-specific.
How long does a case like this take?
From arrest to resolution, a second-degree firearm case in Superior Court can take 12 to 24 months or longer, depending on motions, evidence, and whether the case goes to trial. The pre-indictment phase offers a critical window for negotiation.
Will I go to jail if convicted?
Yes. A conviction for carrying a handgun without a permit carries a mandatory state prison sentence with a period of parole ineligibility. Avoiding a conviction is the primary goal of your defense.
Related Legal Services in Somerset County
If you are facing other charges, we also assist with: DUI/DWI defense, federal criminal charges, and business law matters. For more information on our statewide practice, see our New Jersey criminal defense hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.