New Jersey Machine Gun Offense Lawyer — What Are the Defenses to N.J.S.A. 2C:39-5?
A machine gun charge under N.J.S.A. 2C:39-5 is a second-degree crime in New Jersey, carrying a mandatory 5-10 year prison term with a 42-month parole ineligibility period. As a New Jersey machine gun offense lawyer, Law Offices Of SRIS, P.C. understands the severe penalties and immediate need for a strong defense. We provide urgent legal representation to challenge these serious charges.
New Jersey Machine Gun Law: N.J.S.A. 2C:39-5
New Jersey law strictly prohibits the possession, manufacture, transport, shipment, sale, or disposal of a machine gun without a valid permit. This offense is defined under N.J.S.A. 2C:39-5. A machine gun is defined as any firearm capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. Unlike simple firearm possession charges, a machine gun offense is always classified as a crime of the second degree, reflecting the state’s severe stance.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official statute, refer to the New Jersey Statutes Title 2C (N.J.S.A. 2C:39-5). Court procedures and filing information can be found on the New Jersey Courts website.
Defending a Machine Gun Charge in New Jersey
Prosecutors in New Jersey pursue machine gun charges aggressively due to their mandatory prison terms. A skilled criminal attorney must immediately scrutinize the evidence. Common defense strategies include challenging the legality of the search and seizure that discovered the weapon, arguing a lack of knowledge or possession, or questioning whether the firearm actually meets the technical definition of a machine gun under the law. The defense must also explore any potential violations of your constitutional rights during the investigation.
- Immediate Legal Intervention: Contact a defense lawyer immediately after arrest. Do not speak to investigators without counsel.
- Evidence Review: Your attorney will file motions to suppress evidence obtained from an illegal search or seizure.
- Pre-Indictment Phase: Your criminal court lawyer may negotiate with the prosecutor before formal charges are filed in Superior Court.
- Grand Jury & Indictment: For a second-degree crime, the case will go before a grand jury. Your attorney cannot be present but can advise you beforehand.
- Trial Preparation: If a plea agreement is not in your best interest, your lawyer will prepare a vigorous trial defense, challenging the state’s evidence and witnesses.
- Sentencing Mitigation: If convicted, your attorney will argue for mitigating factors to seek the lowest possible sentence within the mandatory range.
Penalties for a Machine Gun Offense in New Jersey
In New Jersey, a machine gun offense is a second-degree crime with a mandatory state prison sentence of 5 to 10 years and a period of parole ineligibility set at one-half of the sentence imposed, or 42 months, whichever is greater.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession/Sale of Machine Gun (N.J.S.A. 2C:39-5) | Crime of the 2nd Degree | 5-10 years state prison (mandatory) | Up to $150,000 | Loss of firearm privileges permanently; potential loss of professional licenses. | Mandatory 42-month parole ineligibility; permanent felony record; federal prosecution possible. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in New Jersey 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 firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Our approach is built on deep knowledge of New Jersey’s criminal justice system and aggressive advocacy from the moment of arrest.
Case Results for Firearms Charges
Our firm has a documented history of achieving favorable results in serious weapons cases. While every case is unique, our strategic approach focuses on constitutional challenges to searches, attacking the prosecution’s evidence chain, and negotiating for reduced charges when appropriate to avoid mandatory prison terms.
Results may vary. Prior results do not aim for a similar outcome.
New Jersey Machine Gun Offense Lawyer Near You
Our New Jersey location is centrally positioned to serve clients across the state. We defend clients in Superior Courts in counties including Bergen, Essex, Hudson, Middlesex, Monmouth, and Union. If you need a criminal charges defense lawyer near the Monmouth County Superior Court or elsewhere in New Jersey, 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 | Local: (732) 651-3900
Meetings: By appointment only.
24/7 phone consultations available.
Frequently Asked Questions
Is possession of a machine gun always a felony in New Jersey?
Yes. Under N.J.S.A. 2C:39-5, possession, sale, or manufacture of a machine gun is always a second-degree crime, which is a felony-level offense in New Jersey. There is no lesser grading for this charge.
What is the mandatory sentence for a machine gun conviction?
It depends. The law mandates a state prison term between 5 and 10 years. However, the judge must also impose a period of parole ineligibility equal to one-half of the sentence or 42 months, whichever is greater. This means you must serve at least 42 months (3.5 years) before being eligible for parole, even on the minimum 5-year sentence.
Can I be charged federally for a machine gun in New Jersey?
Yes. Possession of a machine gun violates both New Jersey state law and federal law under the National Firearms Act. It is common for defendants to face parallel prosecutions from both state and federal authorities, which is why you need a lawyer experienced in both systems.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment), arguing you did not knowingly possess the weapon, proving the firearm is not technically a machine gun, or demonstrating you had a valid permit (extremely rare for civilians). An experienced New Jersey machine gun offense lawyer will identify the best defense strategy for your specific case.
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. Second, contact a criminal defense attorney who handles serious firearms charges without delay. The early stages of the case are critical for filing motions to suppress evidence and influencing the prosecution’s initial charging decisions.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.