Concealed Firearm Defense Lawyer in Gloucester County, NJ — What Are Your Options?
Unlawful possession of a handgun in Gloucester County is a second-degree crime under N.J.S.A. 2C:39-5(b), carrying 5-10 years in state prison with a presumption of imprisonment. A concealed firearm defense lawyer Gloucester County from Law Offices Of SRIS, P.C. can challenge the state’s evidence on permits, intent, and search legality.
Last verified: April 2026 | Superior Court of NJ, Gloucester Vicinage | New Jersey Legislature
New Jersey Law on Unlawful Possession of a Handgun
New Jersey has some of the nation’s strictest firearm laws. Possessing a handgun—including a concealed firearm—without a valid permit is a serious indictable offense. The primary statute is N.J.S.A. 2C:39-5(b), which makes unlawful possession of a handgun a crime of the second degree. This is not a simple weapons charge; it is treated with severity by prosecutors in Gloucester County. The law requires a permit to carry a handgun, which is issued only under limited circumstances. Even possessing a firearm in your own home or vehicle without the proper permit can lead to arrest. Defenses often focus on whether the weapon was operable, whether you had a valid permit, or whether the police discovered the firearm through a lawful search. A concealed firearm defense attorney Gloucester County must understand these nuances to build an effective defense.
Official Legal Resources
For the official text of New Jersey’s firearm statutes, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature). For court procedures and forms, visit the Gloucester Vicinage website (New Jersey Courts).
Gloucester County Court Process for Firearm Charges
Firearm possession cases in Gloucester County begin with an arrest and are prosecuted in the Superior Court, Criminal Division, located at 70 Hunter Street in Woodbury. These are indictable crimes (felony equivalents), not municipal court matters. The process is governed by the Criminal Justice Reform Act, meaning there is no cash bail. Instead, a judge will decide pretrial release based on a Public Safety Assessment risk score.
- Arrest and Initial Detention Hearing: You will be held pending a detention hearing within 48 hours. The court will decide release conditions.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure a formal indictment.
- Pre-Indictment Discovery and Motions: Your attorney files motions to suppress evidence and challenges the state’s case.
- Plea Negotiations or Trial: Most cases resolve through negotiation. If not, your case proceeds to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing follows state guidelines, with second-degree crimes carrying a 5-10 year range.
Potential Penalties for Unlawful Handgun Possession
In Gloucester County, unlawful possession of a handgun is a second-degree crime carrying 5 to 10 years in New Jersey state prison, with a presumption of imprisonment, and fines up to $150,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Possession of a Handgun (N.J.S.A. 2C:39-5(b)) | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Loss of Firearm Purchaser ID Card; Ineligible for future permits | Graves Act mandatory minimum parole ineligibility; Permanent felony record; Loss of voting rights while incarcerated. |
| Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5-10 years (Mandatory Minimum 5 years without parole) | Up to $150,000 | Permanent prohibition | Graves Act applies; Sentence must run consecutively to any other sentence imposed. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearm 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 defense. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of firearm charges in New Jersey and provide a focused, strategic defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation.
Documented Case Results in Gloucester County
While specific firearm case results are confidential, our approach in Gloucester County focuses on challenging the legality of searches, the operability of the weapon, and the validity of any permits. We have a record of achieving favorable outcomes through meticulous case preparation and aggressive advocacy.
Results may vary. Prior results do not aim for a similar outcome.
Concealed Firearm Defense Lawyer Near Gloucester County
Our New Jersey location serves clients at Gloucester County courts. We represent individuals from Woodbury, Washington Township, Deptford, Monroe Township, Mantua, West Deptford, Glassboro, Woolwich, Harrison Township, and Pitman.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 758-0001
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Firearm Charges in NJ
What is the Graves Act in New Jersey?
Yes. The Graves Act (N.J.S.A. 2C:43-6(c)) mandates prison time and parole ineligibility for certain firearm offenses, including unlawful possession of a handgun. It requires a judge to impose a mandatory minimum sentence, often between 3.5 and 5 years without parole, depending on the charge.
Can I get a permit to carry a concealed firearm in New Jersey?
It depends. Following recent U.S. Supreme Court decisions, New Jersey’s permit process has changed, but it remains restrictive. You must demonstrate a “justifiable need” or a specific, serious threat. A concealed firearm defense attorney Gloucester County can advise on your eligibility and the application process, which involves local police and Superior Court approval.
What is a “Certain Persons” charge?
A “Certain Persons Not to Have Weapons” charge under N.J.S.A. 2C:39-7 applies if you have a prior conviction for certain serious crimes and are found with any firearm. This charge carries a mandatory minimum sentence of 5 years in prison without parole and is a second-degree crime.
Can evidence from an illegal search be thrown out?
Yes. If the police discovered a firearm through a search that violated your Fourth Amendment rights, a concealed firearm defense lawyer Gloucester County can file a motion to suppress the evidence. If successful, the case may be dismissed because the key evidence is inadmissible.
Is there a diversion program for firearm charges?
No. Pre-Trial Intervention (PTI) is generally not available for Graves Act offenses like unlawful handgun possession. These charges are excluded from most diversionary programs, making a strong defense or favorable plea negotiation even more critical.
Related Legal Help in Gloucester County
If you are facing other charges, our firm provides full defense. You may also need a Gloucester County DUI lawyer or a New Jersey criminal defense lawyer. For charges in neighboring areas, see our Camden County criminal defense lawyer page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.