Salem County Machine Gun Offense Lawyer — What Are Your Defense Options?
A machine gun offense in Salem County is a serious federal and state crime under the National Firearms Act (NFA) and N.J.S.A. 2C:39-5, carrying mandatory minimum prison sentences. The Law Offices Of SRIS, P.C. provides a strong defense against these severe charges. Our team understands the technical interplay between federal and New Jersey law. We offer 24/7 phone consultations to discuss your case.
Understanding Machine Gun Offense Charges in New Jersey
In New Jersey, machine gun offenses are prosecuted under both federal law, primarily the National Firearms Act (NFA), and state statute N.J.S.A. 2C:39-5, which prohibits the unlawful possession of a machine gun. A “machine gun” is defined under federal law (26 U.S.C. § 5845(b)) as 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, or any combination of parts from which a machine gun can be assembled.
Last verified: April 2026 | Salem County Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the New Jersey statute governing weapons offenses, you can review N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For federal court procedures in New Jersey, visit the U.S. District Court for the District of New Jersey website.
handling a Machine Gun Charge in Salem County
Facing a machine gun charge in Salem County means dealing with both the Salem County Prosecutor’s Office and potentially the U.S. Attorney’s Office for the District of New Jersey. These cases often involve intricate search and seizure issues, questions about the weapon’s functionality, and intent. An affordable machine gun offense lawyer Salem County residents can consult will examine whether law enforcement followed all constitutional procedures during the investigation.
- Secure Immediate Legal Representation: Do not discuss the case with anyone before speaking with an attorney. Invoke your right to remain silent.
- Case Assessment: Your lawyer will obtain all discovery, including ATF reports, to analyze the charges and evidence against you.
- Investigate the Stop or Search: A key defense is challenging the legality of the search that led to the discovery of the alleged weapon.
- Explore Legal Defenses: This may include arguing lack of knowledge, challenging the weapon’s classification, or negotiating for a reduced charge.
- Court Proceedings: Your attorney will represent you at all hearings, whether in Salem County Superior Court or federal district court.
Potential Penalties for a Machine Gun Offense
In Salem County, a machine gun offense is a second-degree crime under state law, and a federal felony, carrying severe mandatory penalties including lengthy prison terms.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| State Charge (N.J.S.A. 2C:39-5) | Second-Degree Crime | 5-10 years (with parole ineligibility) | Up to $150,000 | Graves Act mandatory minimum; permanent felony record. |
| Federal Charge (NFA) | Felony | Up to 10 years per count | Up to $250,000 | Forfeiture of weapon; loss of firearm rights permanently. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings extensive experience to criminal cases like machine gun offenses. Our founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by the state. We have handled numerous weapons charges across New Jersey, focusing on building a defense that challenges the prosecution’s evidence at every stage.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. While results are always case-specific, our approach is thorough and aggressive. We investigate every detail, from the initial traffic stop or search warrant to the forensic analysis of the alleged weapon. If you need a machine gun offense lawyer near me Salem County, our team is prepared to start working on your defense immediately.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Salem County Defense Team
Our firm is accessible to clients in Salem County and surrounding communities like Pennsville, Carneys Point, and Penns Grove. We offer 24/7 phone consultations for urgent matters.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions
What is considered a machine gun under New Jersey law?
Yes. New Jersey law (N.J.S.A. 2C:39-1) mirrors the federal definition: any firearm that shoots automatically more than one shot without manual reloading by a single trigger function. This includes conversion kits or parts intended to create an automatic weapon.
Are the penalties for a machine gun offense different in state vs. federal court?
It depends. Both carry severe penalties, but they are separate systems. A state charge under the Graves Act has a mandatory minimum prison term. A federal charge has its own sentencing guidelines and fines. You can be charged in both courts for the same act, which is why you need a lawyer familiar with both systems.
Can I get bail on a machine gun charge?
It depends. For state charges, bail is set but may be very high due to the severity of the crime. Federal charges involve a detention hearing where the judge decides if you will be released before trial. The prosecution will argue you are a danger to the community and a flight risk.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing you lacked knowledge the weapon was automatic, contesting the firearm’s functionality, or questioning the chain of evidence. An experienced lawyer will find the best strategy for your specific case.
Should I talk to the police or ATF if they contact me?
No. You have the constitutional right to remain silent and the right to an attorney. Politely decline to answer questions and state you want a lawyer. Anything you say can be used against you. Contact a criminal defense attorney as early as possible.
Related Practice Areas: If you are facing other serious charges, our firm also handles Federal Crimes, Drug Crimes, and Weapons Offenses throughout New Jersey.
Page Last verified: April 2026. Laws and procedures change. For the most current advice regarding your specific situation, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.
Your case in Salem 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 Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, 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 Salem 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: Salem 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.