Possession Of An Unregistered Firearm Lawyer New Jersey — What Are Your Defense Options?
Possession of an unregistered firearm in New Jersey is a serious indictable offense under N.J. Stat. § 2C:39-10, carrying significant penalties. The Law Offices Of SRIS, P.C. provides experienced defense for these charges. Our team understands the details of New Jersey firearm laws and the severe consequences you face. We offer 24/7 consultations to discuss your case and potential defense strategies.
New Jersey Law on Unregistered Firearms
New Jersey has some of the strictest firearm laws in the nation. The state does not have a traditional firearm “registration” system for most guns but instead requires a Firearms Purchaser Identification Card (FPIC) for long guns and a separate permit to purchase a handgun. Unlawful possession of a firearm, which often includes what other states term “unregistered” possession, is aggressively prosecuted. The primary statute governing these offenses is N.J. Stat. § 2C:39-5, which makes it a crime to possess certain firearms without the proper authorization or permit.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s firearm possession statutes, refer to N.J. Stat. § 2C:39-5 (official New Jersey Legislature site). For court procedures and information, visit the New Jersey Courts website.
Defending Against Unregistered Firearm Charges in New Jersey
Successfully defending against a possession of an unregistered firearm charge in New Jersey requires a detailed, case-specific approach. Prosecutors must prove you knowingly possessed a firearm and that you lacked the legal authority to do so. Common defenses challenge the legality of the search that discovered the weapon, question whether you had knowledge of the firearm’s presence, or argue that you possessed a valid permit or exemption. The specific court and county where your case is filed can influence procedural norms and potential outcomes.
- Initial Consultation & Case Review: Immediately discuss the details of your arrest and the charges with a defense lawyer. Do not speak to investigators without an attorney present.
- Evidence Analysis: Your attorney will scrutinize the police report, search warrant (if any), and all evidence for constitutional violations or weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence obtained through an illegal search or seizure, which is a common and powerful defense in firearm cases.
- Negotiation & Strategy: Based on the evidence, your attorney will engage with the prosecutor to seek a dismissal, reduction of charges, or a favorable plea agreement that minimizes penalties.
- Trial Preparation: If a fair plea cannot be reached, your lawyer will prepare a vigorous defense for trial, challenging the state’s ability to prove every element of the crime beyond a reasonable doubt.
Potential Penalties for Firearm Possession in New Jersey
In New Jersey, unlawful possession of a handgun is typically a second-degree crime, punishable by 5 to 10 years in prison with a mandatory minimum parole ineligibility period, and fines up to $150,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Possession of a Handgun | Second-Degree Crime | 5-10 years (mandatory min.) | Up to $150,000 | Loss of firearm privileges; potential professional license issues | Graves Act penalties; permanent criminal record |
| Unlawful Possession of a Rifle/Shotgun | Third-Degree Crime | 3-5 years | Up to $15,000 | Loss of firearm privileges | Permanent criminal record |
| Certain Persons Not to Have Weapons | Second-Degree Crime | 5-10 years (mandatory min.) | Up to $150,000 | N/A | Enhanced penalties for prior convictions |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in New Jersey Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We have a deep understanding of New Jersey’s criminal statutes and court procedures. Our approach is direct and focused on achieving a favorable result for your specific situation.
Case Results & Client Advocacy
The Law Offices Of SRIS, P.C. has a documented history of defending clients against serious firearm and weapons charges across New Jersey. Our defense strategies are case-specific to the specific facts of each case, from challenging illegal searches to negotiating charge reductions. We prepare every case with the diligence required for trial, which often provides use for favorable pre-trial resolutions.
Results may vary. Prior results do not guarantee a similar outcome.
Possession Of An Unregistered Firearm Lawyer Near New Jersey
Our firm serves clients across all 21 counties in New Jersey. If you are searching for a “possession of an unregistered firearm lawyer near me,” we offer accessible consultations. Our legal team is available to discuss your case and outline a potential defense strategy.
Law Offices Of SRIS, P.C.
New Jersey Location
44 Apple St 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Do I need a criminal lawyer in New Jersey, NJ?
Yes. Criminal cases in New Jersey require experienced legal representation. SRIS has documented case results across NJ with over 93% favorable outcomes. Consultation by appointment — (888) 437-7747.
What should I look for in a criminal lawyer in New Jersey, NJ?
Look for documented case results, courtroom experience in New Jersey courts, and a track record in criminal matters. A qualified criminal attorney will understand state-specific laws like the Graves Act. SRIS has 4,739+ documented case results and former prosecutors on staff. Consultation by appointment — (888) 437-7747.
Is possession of an unregistered firearm a felony in New Jersey?
Yes. New Jersey classifies serious crimes as “indictable offenses,” which are equivalent to felonies. Unlawful possession of a handgun is typically a second-degree indictable crime, carrying severe penalties including mandatory state prison time.
What are common defenses to these charges?
Common defenses include challenging the legality of the police search (Fourth Amendment violation), arguing lack of knowledge or possession, proving you had a valid permit, or demonstrating that the item was not a firearm as defined by law. A skilled defense lawyer will identify the strongest argument for your case.
Can these charges be reduced or dismissed?
It depends on the evidence and circumstances. Charges may be reduced or dismissed if key evidence is suppressed, if the prosecution’s case is weak, or through successful negotiation. An experienced criminal court lawyer can evaluate the likelihood of a favorable outcome based on the specifics of your arrest.
What is the Graves Act?
The Graves Act is a New Jersey law that mandates minimum periods of parole ineligibility for certain firearm offenses. It applies to most unlawful handgun possession charges, making it important to have a defense lawyer who understands how to seek a Graves Act waiver or argue for its non-application.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
A possession of an unregistered firearm case is one part of weapons & firearms work, and our page on use of a firearm in crime of violence lawyer New Jersey covers the wider process.