Cumberland County Machine Gun Offense Lawyer — What Are Your Defense Options?
A machine gun offense in Cumberland County is a serious federal and state crime under 18 U.S.C. § 922(o) and N.J.S.A. 2C:39-5, carrying mandatory minimum sentences. The Law Offices Of SRIS, P.C. provides a strong defense against these severe charges. If you are searching for a machine gun offense lawyer near me Cumberland County, immediate legal counsel is critical to protect your rights and future.
Understanding Machine Gun Offense Laws in New Jersey
In New Jersey, machine gun offenses are prosecuted under both federal law and the state’s Graves Act, which imposes severe mandatory penalties. The legal definition of a “machine gun” is any weapon that 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 parts designed and intended for conversion of a weapon into a machine gun. Possession, manufacture, transfer, or use of such a weapon is strictly prohibited.
Last verified: April 2026 | Cumberland County Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the federal statute, see 18 U.S.C. § 922 (Cornell Legal Information Institute). For New Jersey’s firearms laws, refer to the New Jersey Legislature’s official site for S1666 (2022), which addresses firearm trafficking.
Local Court Process for a Machine Gun Offense Case
In Cumberland County, a machine gun offense will typically originate with an arrest by local police or a joint task force with the ATF. The case will be presented to the Cumberland County Prosecutor’s Office, which has a dedicated firearms unit. Given the severity, the case will almost certainly be indicted and heard in the Cumberland County Superior Court, Law Division – Criminal Part. The prosecution will seek to prove you knowingly possessed or intended to use the prohibited weapon.
- Initial Arrest & Charges: You will be arrested, charged, and have a detention hearing where the state will argue for you to be held without bail.
- Grand Jury Indictment: The prosecutor will present evidence to a grand jury to secure a formal indictment for the felony charges.
- Pre-Trial Motions: Your attorney will file critical motions to suppress evidence, challenge the legality of the search, or dispute the weapon’s classification.
- Plea Negotiations: Given the harsh penalties, your lawyer will negotiate with the prosecutor, potentially seeking a reduction to a non-Graves Act offense.
- Trial or Disposition: If a favorable plea cannot be reached, your case will proceed to a jury trial where the state must prove every element beyond a reasonable doubt.
Potential Penalties for a Machine Gun Conviction
In Cumberland County, a machine gun offense is a crime of the second degree, carrying a state prison sentence of 5 to 10 years, with a mandatory minimum period of parole ineligibility under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Crime of the 2nd Degree (Graves Act) | 5-10 years State Prison (Mandatory Min. 3-5 years no parole) | Up to $150,000 | Loss of Firearm Purchaser ID & Permits | Federal prosecution possible, permanent felony record, loss of voting rights. |
| Manufacture/Transfer of Machine Gun | Crime of the 2nd Degree (Graves Act) | 5-10 years State Prison (Mandatory Min.) | Up to $150,000 | Permanent firearm prohibition | Forfeiture of assets, enhanced federal charges under the NFA. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Federal and State Firearms Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to serious criminal defense. Our founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by the state. We have a documented record of handling serious felony cases, including challenging the evidence in weapons charges. Our approach is to scrutinize every detail of the state’s case, from the chain of custody of the alleged weapon to the legality of the search that discovered it.
Case Results in Serious Firearms Matters
While every case is unique, our firm’s approach to serious weapons charges focuses on creating use through aggressive pre-trial litigation. We have successfully argued motions to suppress evidence in firearms cases, skilled to charges being reduced or dismissed. In one instance, challenging the probable cause for a vehicle search led to the suppression of a weapon, resulting in the dismissal of all Graves Act charges. Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Cumberland County Residents
If you need an affordable machine gun offense lawyer Cumberland County, our firm provides accessible legal defense. Our New Jersey location serves clients throughout Cumberland County, including those near the Cumberland County Superior Court in Bridgeton. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions About Machine Gun Charges
What is considered a “machine gun” under New Jersey law?
It depends. The law defines it as any firearm that can fire more than one shot automatically with a single trigger pull. This includes conversion devices like “Glock switches” or “auto-sears,” even if not installed on a firearm, as they are considered parts designed for illegal conversion.
Can I be charged if I didn’t know the weapon was automatic?
No, not typically. The state must prove you knowingly possessed the weapon. A defense often centers on lack of knowledge—arguing you were unaware the firearm had been illegally modified. However, prosecutors may argue circumstances imply knowledge.
Are there any defenses to a machine gun charge?
Yes. Common defenses include unlawful search and seizure (Fourth Amendment violation), challenging the weapon’s operability or classification, lack of possession or knowledge, and entrapment. An experienced machine gun offense lawyer will investigate all possible defenses specific to your case.
Will I face federal or state charges?
It depends on the arresting agency and the specifics of the case. Often, joint task forces involve the ATF, skilled to parallel federal charges under the National Firearms Act (NFA). You can be prosecuted in both systems, making an attorney familiar with both jurisdictions essential.
What should I do if I’m arrested for a machine gun offense?
First, remain silent and ask for a lawyer immediately. Do not answer any questions without your attorney present. Contact a criminal defense firm like ours that offers 24/7 phone support. The early stages of the case are critical for preserving rights and building a defense.
Last verified: April 2026. Laws change—contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Cumberland 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 Cumberland County that is the Superior Court of NJ, Cumberland Vicinage (15th Vicinage), Broad & Fayette Streets, Bridgeton, NJ 08302, telephone (856) 453-4300, 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 Cumberland 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: Cumberland County NJ lawyers directory · Machine Gun Offense Defense Lawyer Bergen County, NJ · Machine Gun Offense Defense Lawyer Hudson County, NJ · Machine Gun Offense Defense Lawyer Monmouth County, NJ.