Machine Gun Offense Lawyer Monmouth County — What Are Your Defenses?
A machine gun offense in Monmouth County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison with a presumption of imprisonment. Law Offices Of SRIS, P.C. provides full representation for these serious federal and state charges. If you need a machine gun offense lawyer near me Monmouth County, contact us immediately for a 24/7 consultation.
New Jersey Machine Gun Law & Penalties
New Jersey has some of the strictest firearm laws in the nation. The possession, sale, or transfer of a machine gun is strictly prohibited under state law, regardless of federal registration status. The primary statute is N.J.S.A. 2C:39-5, which makes possession of a machine gun a crime of the second degree.
Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the severe implications of these charges. A conviction carries a mandatory minimum sentence under the Graves Act, requiring significant prison time.
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 site). Court procedures and filings for Monmouth County are handled through the Superior Court of NJ, Monmouth Vicinage website.
Local Court Process for Machine Gun Charges in Monmouth County
Machine gun offenses are indictable crimes (felony equivalents) prosecuted in the Monmouth County Superior Court, Criminal Division, located at 71 Monument Park in Freehold. The process begins with an investigation, often by county detectives or state police, followed by a grand jury indictment. New Jersey’s bail reform means pretrial release is determined by a Public Safety Assessment risk score, not cash bail.
- Initial Arrest & Charges: You will be charged with a second-degree crime. The case is not heard in Municipal Court.
- Detention Hearing: A judge will determine if you are held pretrial based on a risk assessment, not your ability to pay bail.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, challenge the legality of the search, or dismiss charges.
- Plea Negotiations or Trial: The case proceeds toward a potential plea offer or a trial in Superior Court.
- Sentencing: If convicted, sentencing follows Graves Act mandates, requiring significant prison time.
Potential Penalties for a Machine Gun Offense
In Monmouth County, a machine gun offense is a second-degree crime carrying 5 to 10 years in New Jersey state prison, a fine of up to $150,000, and a permanent felony record.
| Offense | Classification | Incarceration | Fine | Firearms Rights | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Permanent forfeiture | Parole ineligibility, permanent felony record |
| Sale/Transfer of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Permanent forfeiture | Enhanced penalties for volume |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to complex criminal defense. Our founder, Mr. Sris, is a former prosecutor with a background that provides a strategic advantage in building defenses against serious weapon charges. We approach each case with a focus on the specific facts and applicable law.
Our Approach to Machine Gun Offense Cases
We have a documented record of handling serious weapon charges. While specific results are unique to each case, our firm-wide practice has involved over 4,739 documented case results. We scrutinize every aspect of the prosecution’s case, from the legality of the search and seizure to the chain of custody of the evidence and the definition of a “machine gun” under the law.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Monmouth County Machine Gun Offense Lawyers
Our New Jersey location serves clients throughout Monmouth County, including Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck. We offer 24/7 phone consultations and meetings by appointment only.
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.
Frequently Asked Questions
Is possession of a federally registered machine gun legal in New Jersey?
No. New Jersey law prohibits the possession of machine guns entirely, regardless of their status under federal law. N.J.S.A. 2C:39-5 makes possession a second-degree crime, even if the weapon is registered with the ATF.
What is the first step after being charged with a machine gun offense?
It depends. The immediate step is to secure an attorney. Do not speak to investigators. Your lawyer will request discovery, analyze the evidence, and prepare for your detention hearing, where a judge decides if you will be held before trial under New Jersey’s bail reform system.
Can I find an affordable machine gun offense lawyer Monmouth County?
Yes. Our firm offers flexible payment plans and consultations to discuss your case and options. The cost of a lawyer is an investment in your defense against charges that carry a decade in prison.
What are common defenses to a machine gun charge?
Defenses may include challenging the legality of the search (Fourth Amendment), proving lack of knowledge or possession, arguing the firearm does not meet the legal definition of a machine gun, or negotiating for a charge reduction in exchange for cooperation.
Does New Jersey have a “stand your ground” law for firearm use?
No. New Jersey does not have a “stand your ground” law. The use of force, including with a firearm, is governed by a duty to retreat if safe to do so, except in one’s home. This is separate from unlawful possession charges.
Internal Resources
For more information, visit our New Jersey Criminal Defense hub page, learn about federal weapon charges in Bergen County, or read about other serious offenses in Monmouth County.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding a machine gun offense in Monmouth County, contact Law Offices Of SRIS, P.C. for a consultation.