Federal Firearms Lawyer Somerset County — What Are Your Defense Options?
Federal firearms charges in Somerset County, such as unlawful possession by a prohibited person or illegal transfer under the National Firearms Act (NFA), carry severe penalties including mandatory minimum prison sentences. A conviction can result in a permanent felony record and loss of gun rights. The Law Offices Of SRIS, P.C. provides defense for individuals facing federal gun charges.
Federal Firearms Charges and Statutes
Federal gun laws are complex and enforced by agencies like the ATF. Charges often arise from violations of the Gun Control Act of 1968 or the National Firearms Act. A key statute is 18 U.S.C. § 922(g), which makes it unlawful for certain categories of persons—such as convicted felons, unlawful drug users, or individuals subject to a restraining order—to ship, transport, possess, or receive any firearm or ammunition. Another common charge is a violation of 18 U.S.C. § 922(a)(6), which involves making false statements in connection with the acquisition of a firearm from a licensed dealer, often called a “straw purchase.”
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal statutes are codified in the U.S. Code.
Official Legal Resources
Understanding the specific laws you are accused of violating is critical. You can review the federal statutes online:
- 18 U.S.C. § 922 (Unlawful acts) from the Legal Information Institute.
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) official website for regulatory information.
Defense Strategy for Somerset County Federal Gun Cases
Building a defense requires a detailed analysis of the federal government’s case. In Somerset County, federal cases are prosecuted in the U.S. District Court for the District of New Jersey. A common issue is whether law enforcement conducted a legal search and seizure under the Fourth Amendment. If evidence was obtained illegally, a motion to suppress can be filed to have it excluded. Another defense may challenge whether the defendant knowingly and willfully violated the law, or whether they fall into a prohibited category. For an NFA violation, such as possession of an unregistered short-barreled rifle, defenses may involve the firearm’s specific configuration or registration status.
- Initial Case Review: Immediately after arrest or indictment, your attorney will obtain all discovery from the U.S. Attorney’s Office to review the evidence.
- Investigation: Your defense team will investigate the circumstances of the arrest, the chain of custody of the firearm, and the conduct of ATF or other federal agents.
- Pre-Trial Motions: File critical motions, such as motions to suppress evidence or dismiss charges, based on constitutional violations or procedural errors.
- Negotiation: Engage in discussions with federal prosecutors to explore the possibility of a plea agreement to a lesser charge, if it is in your best interest.
- Trial Preparation: If no agreement is reached, prepare a vigorous defense for trial, including identifying experienced witnesses and challenging the government’s evidence.
- Sentencing Advocacy: If convicted, present compelling mitigation evidence to the judge to argue for the most favorable sentence possible under the guidelines.
Potential Penalties for Federal Firearms Offenses
In federal court, firearms offenses carry severe mandatory penalties. For example, a conviction under 18 U.S.C. § 922(g) for possession by a prohibited person carries a maximum penalty of 10 years in prison, but can be enhanced to 15 years or more with prior violent felony convictions.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years (15+ with prior) | Up to $250,000 | Loss of gun rights, felony record, supervised release |
| Straw Purchase (18 U.S.C. § 922(a)(6)) | Federal Felony | Up to 10 years | Up to $250,000 | Forfeiture of firearm, permanent record |
| NFA Violation (e.g., unregistered SBR) | Federal Felony | Up to 10 years | Up to $10,000 | Forfeiture of firearm, tax penalties |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Federal Criminal Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined legal experience to complex federal cases. Our firm’s founder, Mr. Sris, is a former prosecutor who understands the tactics used by the government. We approach each case with a detailed strategy, examining every aspect from the initial investigation to potential trial. Our commitment is to provide a strong, informed defense for clients facing serious federal allegations.
Case Results and Client Advocacy
Our firm has a documented history of advocating for clients in serious criminal matters. While every case is unique, our approach focuses on challenging the prosecution’s evidence and protecting our clients’ constitutional rights. We have successfully argued motions to suppress evidence, negotiated favorable plea agreements, and taken cases to trial when necessary. Results may vary. Prior results do not aim for a similar outcome.
Contact Our Somerset County Federal Firearms Defense Team
If you are under investigation or have been charged with a federal firearms offense in Somerset County, immediate action is crucial. Our federal firearms lawyer Somerset County team is available to discuss your case and outline your defense options.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations — meetings by appointment only.
Federal Firearms Lawyer Somerset County FAQ
What is the difference between state and federal gun charges in New Jersey?
Yes, there is a significant difference. Federal gun charges are prosecuted by the U.S. Attorney’s Office in federal court under U.S. laws like the Gun Control Act. They often involve interstate commerce, prohibited persons, or NFA weapons and carry mandatory minimum sentences. State charges are prosecuted in New Jersey Superior Court under NJ statutes like 2C:39-5 and may have different penalties and procedures.
Can I own a gun after a federal firearms conviction?
It depends. A felony conviction under federal law typically results in a lifetime prohibition on possessing firearms under 18 U.S.C. § 922(g)(1). In very rare cases, rights may be restored through a presidential pardon or other specific federal relief, but this is not common. A firearms offense defense lawyer Somerset County can review your specific conviction to determine if any options exist.
What should I do if the ATF wants to interview me?
No, you should not speak to them without an attorney. Politely decline the interview and state you wish to speak with your lawyer first. Anything you say can be used against you. Contact a federal firearms lawyer immediately so they can communicate with the agents on your behalf and protect your rights during the investigation.
What is a “straw purchase” of a firearm?
A straw purchase is when one person (the straw buyer) buys a firearm from a licensed dealer for another person (the actual recipient) who is prohibited from buying it themselves or wants to avoid a background check. This violates 18 U.S.C. § 922(a)(6). Both the straw buyer and the actual recipient can face federal felony charges. A gun charge defense lawyer Somerset County can defend against such allegations.
How long does a federal gun case take?
It depends on the complexity of the case, the volume of evidence, and whether it goes to trial. A case resolved by plea agreement may take several months to a year. A case that goes to trial can take a year or more from indictment to verdict. The federal court process has specific timelines for pre-trial motions and discovery.
Related Content: If you are facing state-level weapons charges, our gun charge defense lawyer Somerset County page provides relevant information. For an overview of our federal practice, visit our Federal Criminal Defense hub. Clients in neighboring areas can learn about our services from our federal firearms lawyer Middlesex County page.
Page Last verified: April 2026. Federal laws and procedures are subject to change. The information on this page is for general informational purposes and does not constitute legal advice. Consult with a qualified attorney regarding your specific situation.