Somerset County Possession of a Large Capacity Ammunition Feeding Device Lawyer — What Are Your Defense Options?
Possession of a large capacity ammunition feeding device is a serious crime in New Jersey, classified as a crimey of the fourth degree under N.J.S.A. 2C:39-3(j). A conviction can result in up to 18 months in state prison and a permanent criminal record.
New Jersey Law on Large Capacity Ammunition Feeding Devices
New Jersey has some of the nation’s strictest firearm laws. Under N.J.S.A. 2C:39-1(w), a “large capacity ammunition magazine” is defined as one capable of holding more than 10 rounds of ammunition for a semi-automatic firearm or more than 15 rounds for a semi-automatic rifle. It is illegal to knowingly possess such a device under N.J.S.A. 2C:39-3(j), unless you fall under a narrow statutory exception, such as being a licensed firearms dealer or a law enforcement officer acting within official duties. The law treats possession as a crime of the fourth degree.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-3(j) (official New Jersey Legislature site). For local court procedures and forms, visit the Somerset Vicinage website.
Local Court Process for a Possession of a Large Capacity Ammunition Feeding Device Charge in Somerset County
Charges for possession of a large capacity ammunition feeding device are prosecuted in the Superior Court, Law Division, Criminal Part, in Somerville. The Somerset County Prosecutor’s Office handles these cases aggressively. The court process typically involves an initial appearance, a pre-indictment conference, grand jury presentation, pre-trial conferences, and potentially a trial. Given the severity, early intervention by a possession of a large capacity ammunition feeding device lawyer Somerset County is critical to challenge the state’s evidence before an indictment is secured.
- Initial Appearance & Complaint: You will be served with a complaint and have a first appearance in Superior Court, where bail conditions are set.
- Pre-Indictment Phase: Your attorney can meet with the Assistant Prosecutor to discuss the case, potentially skilled to a downgrade or dismissal before it goes to a grand jury.
- Grand Jury Presentation: The state presents evidence to a grand jury. If indicted, the case proceeds formally in the Law Division.
- Discovery & Pre-Trial Motions: Your lawyer will review all evidence (discovery) and may file motions to suppress evidence if it was obtained illegally.
- Pre-Trial Conferences: The court holds status conferences to explore plea negotiations or set a trial date.
- Trial or Disposition: The case is resolved either by a negotiated plea agreement or by proceeding to a jury trial.
Potential Penalties and Consequences
In Somerset County, possession of a large capacity ammunition feeding device is a fourth-degree crime carrying a potential state prison sentence, significant fines, and a permanent felony record.
| Offense | Classification | Incarceration | Fine | Collateral Consequences |
|---|---|---|---|---|
| Possession of a Large Capacity Ammunition Feeding Device (N.J.S.A. 2C:39-3(j)) | Crime of the Fourth Degree | Up to 18 months in New Jersey State Prison | Up to $10,000 | Loss of firearm purchaser ID card; permanent criminal record; impact on employment, housing, and professional licenses. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to criminal cases. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a weapons charge can upend your life, and we provide a case-specific approach focused on protecting your rights and future. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous defense.
Case Results and Client Advocacy
While specific results for possession of a large capacity ammunition feeding device in Somerset County are not listed, our firm’s extensive criminal defense experience includes achieving dismissals, charge reductions, and favorable plea agreements in contested cases. For example, we have secured dismissals in sex abuse cases and favorable probationary sentences in other serious matters. We apply the same diligent investigation and aggressive advocacy to weapons charges.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Somerset County Residents
Our New Jersey location serves clients throughout Somerset County. We are familiar with the Somerset Vicinage courthouse at 20 North Bridge Street in Somerville. Our firm provides strong local defense for residents of Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. If you need a possession of a large capacity ammunition feeding device lawyer near me Somerset County, we are accessible. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
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Frequently Asked Questions (FAQs)
Is possession of a large capacity magazine a felony in New Jersey?
Yes. Under N.J.S.A. 2C:39-3(j), possession is a crime of the fourth degree, which is classified as a felony in New Jersey. A conviction can result in state prison time.
What are the main defenses to this charge?
It depends on the facts. Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing a lack of knowledge that the device was large capacity, or proving you fall under a statutory exemption, such as being a firearms dealer. An affordable possession of a large capacity ammunition feeding device lawyer Somerset County can evaluate which defense applies to you.
Can this charge be expunged from my record?
No. Under current New Jersey expungement law (N.J.S.A. 2C:52-2), convictions for unlawful possession of a firearm or firearm component, including large capacity magazines, are generally not eligible for expungement. This highlights the critical need to fight the charge from the outset.
Will I go to jail for a first-time offense?
It depends. While the law allows for up to 18 months in prison, a skilled attorney may be able to negotiate a non-custodial probationary sentence for a first-time offender, especially if there are strong mitigating factors. The outcome heavily depends on the strength of the defense presented.
What should I do if I’m arrested for this charge?
Remain silent and ask for a lawyer immediately. Do not answer any questions from law enforcement without your attorney present. Contact a possession of a large capacity ammunition feeding device lawyer Somerset County as soon as possible to begin building your defense.
Related Legal Resources
If you are facing other criminal charges in Somerset County, our firm also handles DUI cases and federal criminal charges. For a broader overview of our criminal defense practice, visit our New Jersey criminal defense hub page. We also serve neighboring areas like Bergen County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset County NJ lawyers directory · Possession of a Large Capacity Lawyer Bergen County · Possession of a Large Capacity Lawyer Hudson County · Possession of a Large Capacity Lawyer Monmouth County.