Machine Gun Lawyer New Jersey — What Are Your Federal Defense Options?
Federal machine gun charges in New Jersey are prosecuted under the National Firearms Act (NFA) and carry severe penalties, including up to 10 years in federal prison per violation. The Law Offices Of SRIS, P.C. provides a strong defense for individuals accused of unlawful possession, transfer, or manufacture of machine guns.
Federal Law on Machine Guns in New Jersey
Machine guns are heavily regulated at the federal level under the National Firearms Act (NFA) of 1934 and the Gun Control Act of 1968. In New Jersey, state laws are also extremely restrictive, but federal prosecution is common for NFA violations. The legal definition of a “machine gun” under federal law is any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | U.S. Congress.
Official Legal Resources
For the official text of the federal law, see the U.S. Code definition of a machine gun (26 U.S.C. § 5845). For information on federal court procedures in New Jersey, visit the U.S. District Court for the District of New Jersey website.
Understanding the Federal Prosecution Process in New Jersey
Federal charges for machine gun violations are typically brought by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by the U.S. Attorney’s Office for the District of New Jersey. These cases are heard in federal court, not state court. The process is complex and moves quickly. An affordable machine gun lawyer New Jersey from our firm understands that federal agents often use undercover operations and confidential informants in these investigations. The initial stages of an investigation are critical for building a defense.
- Initial Investigation & Arrest: The ATF may execute a search warrant based on an investigation. You will be arrested and brought before a federal magistrate judge.
- Initial Appearance & Detention Hearing: The court will advise you of the charges. Your attorney can argue for your release on bond.
- Indictment & Arraignment: A federal grand jury will review the evidence and issue an indictment. You will be formally arraigned and enter a plea.
- Pre-Trial Motions & Discovery: Your defense attorney will file motions to challenge evidence and negotiate with prosecutors. This phase is crucial for case resolution.
- Trial or Plea: If a plea agreement cannot be reached, the case proceeds to a jury trial in federal court.
- Sentencing: If convicted, federal sentencing guidelines will determine the potential prison term, which is often mandatory.
Potential Penalties for Federal Machine Gun Charges
In New Jersey, federal machine gun charges under the NFA can result in a mandatory minimum of several years in federal prison, substantial fines, and the permanent loss of firearm rights.
| Charge (26 U.S.C.) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of an Unregistered Machine Gun (§ 5861(d)) | Federal Felony | Up to 10 years | Up to $10,000 | Forfeiture of weapon, permanent loss of gun rights, felony record. |
| Transfer of a Machine Gun in Violation of the NFA (§ 5861(e)) | Federal Felony | Up to 10 years | Up to $10,000 | Same as above; charges can apply to both seller and buyer. |
| Making a Machine Gun Without Approval (§ 5861(f)) | Federal Felony | Up to 10 years | Up to $10,000 | Severe penalties for manufacturing or conversion devices (e.g., “auto-sears”). |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience with Federal Firearms Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to complex federal criminal defense. Our founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by federal agencies. We have handled numerous cases involving weapons charges across multiple jurisdictions. Our approach is to scrutinize every aspect of the government’s case, from the legality of searches and seizures to the credibility of witnesses and informants.
Documented Case Results in Firearms-Related Matters
The Law Offices Of SRIS, P.C. has a documented history of achieving favorable results in serious criminal cases. While every case is unique, our firm-wide track record includes dismissals, charge reductions, and favorable plea agreements in matters involving complex state and federal charges.
Results may vary. Prior results do not aim for a similar outcome.
Finding a Machine Gun Lawyer Near You in New Jersey
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
If you are searching for a “machine gun lawyer near me New Jersey,” our firm provides accessible defense representation. We serve clients throughout New Jersey, including those facing charges in Newark, Trenton, Camden, and beyond. Federal cases require immediate action; do not wait to seek legal counsel.
Frequently Asked Questions: Machine Gun Charges in NJ
What is considered a machine gun under federal law?
Yes. Federal law defines a machine gun as any firearm that can fire more than one round per trigger pull. This includes conversion devices like “auto-sears” or “Glock switches” designed to make a semi-automatic firearm fire automatically.
Can I legally own a machine gun in New Jersey?
It depends. Ownership is theoretically possible under federal law if the weapon was registered before May 1986, but New Jersey state law effectively prohibits civilian possession. Even with a federal tax stamp, New Jersey’s assault firearm laws make possession a state crime. You need a lawyer to handle this conflict.
What should I do if the ATF contacts me?
Do not answer any questions. Politely decline to speak without an attorney present and immediately contact a federal criminal defense lawyer. Anything you say can be used against you, and ATF agents are trained investigators.
Are the penalties for a “Glock switch” the same as for a machine gun?
Yes. Under federal law, a “switch” or any part designed to convert a firearm to automatic fire is legally considered a machine gun itself. Possession or installation carries the same severe penalties as possessing a fully automatic rifle.
What are common defenses to federal machine gun charges?
Potential defenses include challenging the legality of the search that found the weapon, arguing lack of knowledge or possession, proving the item is not a functional conversion device, or negotiating a plea to a lesser charge. An experienced machine gun lawyer New Jersey can evaluate the best strategy.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.