Felon in Possession Lawyer in Passaic County, NJ — What Are Your Defense Options?
Being a felon in possession of a firearm in Passaic County is a second-degree crime under N.J.S.A. 2C:39-7, punishable by 5 to 10 years in state prison with a presumption of imprisonment. Law Offices Of SRIS, P.C. provides defense for prohibited persons facing these severe charges. Our firm-wide experience includes 4,739+ documented case results. We offer 24/7 phone consultations.
New Jersey Law on Felons Possessing Firearms
New Jersey strictly prohibits certain individuals from owning, purchasing, or possessing firearms. The primary statute governing this offense is N.J.S.A. 2C:39-7, “Certain Persons Not to Have Weapons.” This law makes it a crime for anyone who has been convicted of certain crimes—including indictable offenses (felonies) in New Jersey or their equivalents in other states—to possess a firearm. The charge is commonly known as being a “felon in possession.” The severity of the charge escalates based on the nature of the prior conviction; for example, prior convictions for aggravated assault, robbery, or other serious crimes trigger the most severe penalties.
Last verified: April 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-7 (official New Jersey Legislature site). Court procedures and forms for Passaic County can be found at the Superior Court of NJ, Passaic Vicinage website.
Local Court Process for a Felon in Possession Charge
In Passaic County, a felon in possession charge is an indictable crime (felony equivalent) heard in the Criminal Division of the Superior Court at 77 Hamilton Street in Paterson. The process begins with an arrest or summons. Due to New Jersey’s bail reform, a detention hearing may be held to determine if you will be released pretrial based on a Public Safety Assessment risk score, not your ability to pay cash bail. The case will then proceed to a grand jury for indictment. A strong defense strategy often involves challenging the legality of the search that discovered the firearm, the proof of possession, or the validity of the underlying prior conviction.
- Arrest and Initial Appearance: You will be processed and have a first appearance before a judge for a detention hearing.
- Indictment: The case is presented to a grand jury. If indicted, it proceeds in Superior Court.
- Discovery and Pre-Trial Motions: Your attorney will review all evidence and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations or Trial: The case may be resolved through a plea agreement or proceed to a jury trial.
- Sentencing: If convicted, sentencing follows state guidelines, which for a second-degree crime carry a presumption of imprisonment.
Penalties for a Felon in Possession Conviction
In Passaic County, a conviction for being a felon in possession of a firearm under N.J.S.A. 2C:39-7 carries severe, mandatory penalties that include significant state prison time.
| Offense Level | Crime Degree | Incarceration | Fine | Firearms Rights | Other Consequences |
|---|---|---|---|---|---|
| Felon in Possession (Standard) | Second-Degree Crime | 5 to 10 years state prison (Presumption of imprisonment) | Up to $150,000 | Permanent forfeiture | Parole ineligibility, permanent criminal record |
| Felon in Possession (with prior Graves Act crime) | Second-Degree Crime | 5 to 10 years with mandatory minimum parole ineligibility (typically 3-5 years) | Up to $150,000 | Permanent forfeiture | Enhanced parole terms, Graves Act sentencing |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. We have a documented track record of handling criminal charges, including those involving firearms. Our approach is to build a case-specific defense, examining every detail from the initial police stop to the chain of custody of evidence.
Case Results and Client Advocacy
SRIS actively practices in Passaic County. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our defense strategies for prohibited person gun charges focus on constitutional challenges, evidence suppression, and exploring all avenues for charge reduction or diversion.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Passaic County Residents
Our New Jersey location represents clients at Passaic County courts, including the Superior Court in Paterson. We serve communities throughout the county, including Paterson, Clifton, Wayne, and Passaic City. If you need a felon with firearm defense lawyer Passaic County, we are accessible.
Law Offices Of SRIS, P.C.
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 does “certain persons not to possess weapons” mean in NJ?
It means you are legally prohibited from having a firearm if you have a prior conviction for an indictable crime, a domestic violence offense, or are subject to a restraining order, among other conditions.
Is being a felon in possession a federal or state charge in New Jersey?
It can be both. New Jersey has its own strict law (N.J.S.A. 2C:39-7), but federal law (18 U.S.C. § 922(g)) also prohibits felons from possessing firearms. You could face charges in both state and federal court for the same conduct, though they typically do not double-prosecute. A prohibited person gun charge lawyer Passaic County can assess which jurisdiction is pursuing your case.
Can I get PTI for a felon in possession charge?
It depends. Pre-Trial Intervention (PTI) is generally available for first-time offenders charged with indictable crimes. However, certain serious offenses or defendants with extensive prior records may be ineligible. An attorney can argue for PTI admission, which upon successful completion results in dismissal of the charges.
What are common defenses to a felon in possession charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you did not have actual or constructive possession of the firearm, or contesting the validity of the prior conviction that makes you a prohibited person.
What is the Graves Act and how does it apply?
The Graves Act mandates mandatory minimum prison terms for certain firearms offenses in New Jersey. A felon in possession charge can trigger Graves Act sentencing, especially if the prior conviction itself was for a Graves Act crime, skilled to longer periods of parole ineligibility.
Internal Links: For more information, see our New Jersey Criminal Defense hub page. We also assist clients in nearby counties like Bergen County. If you are facing other charges, consider our Passaic County DUI defense services.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Passaic County is one part of a statewide practice, and our page on felon in possession lawyer New Jersey covers the process from start to finish.
Your case in Passaic County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Passaic County that is the Superior Court of NJ, Passaic Vicinage (11th Vicinage), 77 Hamilton Street, Paterson, NJ 07505, telephone (973) 247-8000, 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 the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Passaic 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: Passaic County NJ lawyers directory · Felon in Possession Lawyer Bergen County, NJ · Felon in Possession Lawyer Hudson County, NJ · Felon in Possession Lawyer Monmouth County, NJ.