Burlington County Unregistered Firearm Charges — What Are Your Defense Options?
Possession of an unregistered firearm in Burlington County is a serious state and federal offense, often charged alongside NFA violations under 26 U.S.C. § 5861. A conviction can lead to mandatory prison time and permanent loss of firearm rights. The Law Offices Of SRIS, P.C. provides defense for these charges.
Understanding Unregistered Firearm Laws in New Jersey
In New Jersey, the legal framework for firearm possession is among the strictest in the nation. The state’s primary gun laws are codified under Title 2C of the New Jersey Statutes. While New Jersey does not have a standalone firearm registration system like the federal NFA, the unlawful possession of certain firearms—such as sawed-off shotguns, machine guns, or firearms defaced to conceal their identity—is prosecuted aggressively. These items are considered “prohibited weapons” under N.J.S.A. 2C:39-3. also, possession of a firearm without a valid Firearms Purchaser Identification Card (FPIC) or Permit to Carry a Handgun can lead to severe charges. Federal law, specifically the National Firearms Act (NFA), also criminalizes the possession of unregistered machine guns, short-barreled rifles/shotguns, silencers, and other destructive devices. A single firearm can trigger simultaneous prosecution under both state and federal statutes.
Last verified: April 2026 | Burlington County Superior Court | New Jersey Legislature
Official Legal Resources
- N.J.S.A. 2C:39-3 (Prohibited Weapons and Devices) – Official New Jersey statute.
- Burlington County Vicinage – Official court website for case procedures and information.
Defense Strategy for Unregistered Weapon Charges in Burlington County
Building a defense against an unregistered weapon charge requires a detailed, case-specific approach. The prosecution must prove you knowingly possessed the firearm and that it meets the legal definition of a prohibited or unregistered weapon. Common defense strategies include challenging the legality of the search and seizure that led to the discovery of the firearm. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed. Another avenue is contesting knowledge and possession; simply being near a firearm is not enough for a conviction. We may also examine whether the firearm was properly classified as an NFA item or if any applicable exemptions apply. In some cases, negotiating for a reduction to a lesser, non-disqualifying offense may be the most pragmatic path to protect your future.
- Secure Immediate Legal Representation: Do not speak to investigators without an attorney present. Contact our firm for a 24/7 consultation.
- Case Review & Evidence Analysis: We will obtain discovery, review police reports, and analyze the firearm’s classification.
- Develop a Defense Strategy: Based on the evidence, we will determine the strongest defense, whether a motion to suppress, a factual challenge, or a negotiated resolution.
- Court Representation: We will represent you at all hearings, from arraignment through trial or plea negotiations, advocating for a favorable outcome.
Potential Penalties for Firearm Offenses
In Burlington County, possession of an unregistered firearm classified as a prohibited weapon is typically a second-degree crime, carrying severe penalties including mandatory minimum prison sentences under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Prohibited Weapon (e.g., sawed-off shotgun) | Second-Degree Crime | 5-10 years (Graves Act mandatory min. may apply) | Up to $150,000 | Permanent forfeiture of firearm rights | Felony record, parole ineligibility |
| Unlawful Possession of a Handgun (without permit) | Second-Degree Crime | 5-10 years (Graves Act mandatory min. may apply) | Up to $150,000 | Permanent forfeiture of firearm rights | Felony record |
| Certain Persons Not to Have Weapons (prior felony) | Second-Degree Crime | 5-10 years with mandatory minimum | Up to $150,000 | Permanent prohibition | Extended parole ineligibility |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Firearms Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings a focused approach to defending firearms charges. Our firm’s founder, Mr. Sris, is a former prosecutor who understands the tactics used by the state. We apply this insight to build strong defenses for clients facing charges for possession of an unregistered firearm. We scrutinize every detail of the state’s case, from the initial stop to the forensic analysis of the weapon.
Documented Case Results
Our defense strategies are designed to achieve favorable outcomes. In past firearms-related cases, we have successfully argued motions to suppress evidence, skilled to dismissed charges. We have also negotiated reductions that avoid mandatory minimum sentences under the Graves Act. Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Burlington County Residents
If you need a possession of an unregistered firearm lawyer Burlington County residents trust, our firm is accessible. We offer 24/7 phone consultations and meet with clients by appointment only. For an NFA violation defense lawyer Burlington County can rely on, contact us today.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions
What is considered an “unregistered firearm” in New Jersey?
It depends. New Jersey doesn’t have general registration, but specific weapons like machine guns or sawed-off shotguns are “prohibited” and their possession is illegal. Federal NFA rules also require registration of items like silencers; lacking this federal registration can lead to separate charges.
Can I be charged federally and by the state for the same gun?
Yes. Dual sovereignty allows both state and federal prosecutors to charge you for the same conduct. A single unregistered machine gun could lead to a state charge under N.J.S.A. 2C:39-5 and a federal NFA violation defense lawyer Burlington County would handle under 26 U.S.C. § 5861.
What is the Graves Act?
It is a New Jersey law (N.J.S.A. 2C:43-6c) that mandates minimum periods of parole ineligibility for certain firearms offenses. If convicted of a Graves Act offense, the court must impose a prison sentence with a mandatory minimum term, typically one-third to one-half of the base sentence, before parole eligibility.
What should I do if I’m arrested for an unregistered weapon?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements. Contact a criminal defense attorney who concentrates on firearms law as soon as possible to begin building your defense and protecting your rights.
Are there defenses to an unregistered weapon charge?
Yes. Common defenses include challenging an illegal search, arguing lack of knowledge or possession, questioning the firearm’s legal classification, or exploring potential exemptions. An experienced unregistered weapon charge lawyer Burlington County can evaluate which defenses apply to your case.
Related Practice Areas: If you are facing other serious charges, our firm also defends clients against Federal Criminal Defense and Weapons Offenses.
Other Locations: We also assist clients in neighboring areas like Camden County and Gloucester County.
Learn More: For a broader understanding of our criminal defense practice, visit our New Jersey Criminal Defense Lawyer hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Burlington County cases are handled by our New Jersey possession of an unregistered firearm practice, where the whole process is set out.
Your case in Burlington County, New Jersey
Federal charges are heard in the U.S. District Court for the District of New Jersey (Newark, Trenton and Camden), not in county court; related state charges are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Title 18 of the United States Code and the Federal Rules of Criminal Procedure. Law Offices Of SRIS, P.C. handles Burlington 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: Burlington County NJ lawyers directory · Possession of an Unregistered Firearm Lawyer Bergen County · Possession of an Unregistered Firearm Lawyer Hudson County · Possession of an Unregistered Firearm Lawyer Monmouth County.