Union County Possession of an Unregistered Firearm Lawyer — What Are Your Defense Options?
Possession of an unregistered firearm in Union County is a serious indictable crime under New Jersey law, prosecuted in Superior Court. A conviction can lead to years in state prison, mandatory minimum sentences under the Graves Act, and a permanent felony record. If you are facing this charge, you need a dedicated possession of an unregistered firearm lawyer Union County.
New Jersey Law on Unregistered Firearms and NFA Violations
New Jersey has some of the strictest firearm laws in the nation. Unlike some states, New Jersey does not have a firearm registration system for most common rifles and shotguns. However, the term “unregistered firearm” typically refers to two distinct legal issues: 1) Possession of a firearm by a person who is prohibited from owning one (which is functionally an unregistered possession for that individual), and 2) Possession of a firearm that is illegal per se under New Jersey’s assault firearms law or federal National Firearms Act (NFA) without the required federal registration and tax stamp.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
The primary statute governing illegal weapons in New Jersey is N.J.S.A. 2C:39-4, which criminalizes possession of weapons for unlawful purposes, and N.J.S.A. 2C:39-5, which covers unlawful possession of weapons. Possession of certain prohibited firearms, like sawed-off shotguns, machine guns, or firearms classified as “assault firearms” under state law, is a second-degree crime. Federal NFA violations, involving items like silencers, short-barreled rifles, or automatic weapons, are prosecuted in U.S. District Court and carry severe federal penalties.
The Local Court Process for Firearms Charges in Union County
All indictable (felony-level) firearms charges in Union County are heard in the Criminal Division of the Superior Court of New Jersey, Union Vicinage, located at 2 Broad Street in Elizabeth. The process is governed by New Jersey’s Criminal Justice Reform Act. New Jersey abolished cash bail in 2017, so your initial release after arrest depends on a Public Safety Assessment (PSA) risk score. A high PSA score can lead to pretrial detention.
- Arrest & Initial Appearance: You will be brought before a judge for a detention hearing within 48 hours of arrest. The court will decide on release or detention based on the PSA.
- Indictment: The Union County Prosecutor’s Office will present evidence to a grand jury. If indicted, your case proceeds in Superior Court.
- Discovery & Pretrial Motions: Your attorney will obtain all evidence (discovery) and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations or Trial: Most cases are resolved through plea agreements. If no agreement is reached, your case will proceed to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing follows state guidelines. Firearms convictions often carry mandatory minimum prison terms under the Graves Act.
Potential Penalties for Unregistered Firearm Possession in NJ
In Union County, possession of an unregistered firearm that is a prohibited weapon (like a sawed-off shotgun) is a second-degree crime carrying 5 to 10 years in state prison, with a mandatory minimum parole ineligibility period under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Prohibited Firearm (e.g., sawed-off shotgun) | 2nd Degree Crime | 5-10 years (Graves Act min.) | Up to $150,000 | Graves Act parole ineligibility, permanent felony record, loss of firearm rights. |
| Certain Persons Not to Have Weapons (felon in possession) | 2nd Degree Crime | 5-10 years (Graves Act min.) | Up to $150,000 | Same as above; charge applies to prohibited persons. |
| Unregistered NFA Weapon (Federal Charge) | Federal Felony | Up to 10 years federal prison | Up to $10,000 | Forfeiture of weapon, federal felony record. |
| Possession of Firearm for Unlawful Purpose | 2nd Degree Crime | 5-10 years | Up to $150,000 | Enhanced penalties if used in furtherance of another crime. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearms Charge 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 track record includes 4,739+ documented case results with over 93% favorable outcomes. We understand the severe implications of a firearms conviction and build defenses focused on challenging the legality of the search, the chain of custody of the evidence, and the specific classification of the weapon. We provide a strong, case-specific approach for every client facing an unregistered weapon charge in Union County.
Case Results and Client Advocacy
While we maintain a firm-wide record of 4,739+ documented case results with a favorable outcome rate exceeding 93%, we tailor our defense to the unique facts of your Union County case. Our goal is to seek a dismissal, a reduction in charges, or an alternative resolution like Pre-Trial Intervention (PTI) where possible. We actively practice in the Union County Superior Court and are familiar with the local prosecutors and judges.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Union County Firearms Defense Lawyers
Our New Jersey location serves clients throughout Union County, including Elizabeth, Union Township, Plainfield, Westfield, and Cranford. We are accessible via the NJ Turnpike, Garden State Parkway, and Route 22. If you need a possession of an unregistered firearm lawyer Union County, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions (Union County Firearms Charges)
Is possession of an unregistered firearm a federal or state charge in New Jersey?
It depends. Most charges for possessing an illegal firearm are state crimes under N.J.S.A. 2C:39-5. However, possession of a weapon regulated by the National Firearms Act (NFA)—like a silencer or machine gun—without federal registration is a separate federal crime prosecuted in U.S. District Court. You could face charges in both systems.
What is the Graves Act in New Jersey?
The Graves Act (N.J.S.A. 2C:43-6c) mandates a period of parole ineligibility for anyone convicted of certain firearms offenses. For most second-degree firearms crimes, it requires a minimum of 42 months (3.5 years) in prison before parole eligibility. An experienced NFA violation defense lawyer Union County can explore legal arguments to seek a Graves Act waiver.
Can I get PTI for an unregistered firearm charge in Union County?
Pre-Trial Intervention (PTI) is generally available for first-time offenders charged with indictable crimes. However, prosecutors often oppose PTI for Graves Act offenses. A strong advocacy by your unregistered weapon charge lawyer Union County is essential to argue for PTI admission based on your specific circumstances and lack of prior record.
What are common defenses to an unregistered firearm charge?
Common defenses include challenging the legality of the search and seizure (Fourth Amendment), arguing you were not in actual or constructive possession of the weapon, questioning the weapon’s operability or classification, and asserting your lack of knowledge about the weapon’s presence or illegal status. An attorney will analyze the evidence for the best defense strategy.
Do I need a lawyer for a possession of an unregistered firearm charge?
Yes. The penalties are too severe to handle alone. A lawyer can protect your rights at detention hearings, negotiate with prosecutors, file critical pretrial motions, and represent you at trial. The complex interplay of state and federal law makes experienced legal counsel essential.
Internal Resources: For more information on related charges, see our pages on Union County criminal defense and Union County federal criminal defense. Learn more about our firm on our New Jersey location page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.