Possession of Firearms in Drug Trafficking Crime Lawyer in Passaic County, NJ
A charge for possession of firearms in a drug trafficking crime in Passaic County is a severe federal offense under 18 U.S.C. § 924(c), carrying mandatory minimum prison sentences. Law Offices Of SRIS, P.C. provides a strong defense against these combined charges. Our firm has extensive experience in federal court. We offer 24/7 phone consultations at (888) 437-7747.
If you are charged with possession of firearms in a drug trafficking crime in Passaic County, you face a federal prosecution with severe, mandatory penalties. This charge is not handled in state Superior Court but in the U.S. District Court for the District of New Jersey. A conviction carries a mandatory minimum prison sentence that must be served consecutively to any sentence for the underlying drug crime. You need a lawyer with specific federal court experience. The Law Offices Of SRIS, P.C. defends clients against these serious allegations.
Federal Law on Firearms and Drug Trafficking
The federal statute governing possession of firearms in drug trafficking crime is 18 U.S.C. § 924(c). This law imposes severe penalties for using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime, or for possessing a firearm in furtherance of such a crime. The charge is separate from the underlying drug offense, and the sentence for the firearm violation must run consecutively to the sentence for the drug crime.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal statutes are codified in the U.S. Code.
Mr. Sris, the firm’s founder and a former prosecutor, leads our federal defense team. Founded in 1997, our firm brings a deep understanding of both prosecution tactics and defense strategy to these complex cases.
Official Legal Resources
For the official text of the federal statute, you can review 18 U.S.C. § 924 (Cornell Legal Information Institute). For information on the federal court where these cases are heard, visit the U.S. District Court for the District of New Jersey website.
Defending a Passaic County Federal Firearms and Drug Case
Federal investigations for possession of firearms in a drug trafficking crime in Passaic County are typically conducted by agencies like the FBI, DEA, or ATF. The case proceeds in federal court, not the Passaic County Superior Court. A key local procedural fact is that New Jersey’s strict gun laws often intersect with federal charges, but the prosecution is entirely federal. The defense must challenge the government’s proof that the firearm was used “during and in relation to” or “in furtherance of” the drug crime, which are distinct legal standards.
- Initial federal investigation by the FBI, DEA, or ATF, which may include surveillance, wiretaps, or controlled buys.
- Presentation of evidence to a federal grand jury, which returns an indictment.
- Arraignment and detention hearing in U.S. District Court in Newark or Camden.
- Extensive discovery phase, where the defense reviews all evidence, including lab reports and agent notes.
- Pre-trial motions to suppress evidence or challenge the legal sufficiency of the firearm charge.
- Plea negotiations or preparation for trial, focusing on separating the firearm charge from the drug charge.
Potential Penalties for Federal Firearms-Drug Charges
In federal court for Passaic County, a conviction for possession of firearms in a drug trafficking crime under 18 U.S.C. § 924(c) carries a mandatory minimum sentence of 5 years in prison for a first offense, which must be served consecutively to the drug sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm in Drug Trafficking Crime (First Offense) | Federal Felony | Mandatory 5-year minimum, consecutive to drug sentence | Up to $250,000 | Federal firearm prohibition | Asset forfeiture, supervised release |
| Possession of Firearm in Drug Trafficking Crime (Subsequent Offense) | Federal Felony | Mandatory 25-year minimum, consecutive | Up to $250,000 | Federal firearm prohibition | Asset forfeiture, supervised release |
| Possession of a Machinegun/Destructive Device in Drug Trafficking Crime | Federal Felony | Mandatory 30-year minimum, consecutive | Up to $250,000 | Federal firearm prohibition | Asset forfeiture, supervised release |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm-wide experience includes over 120 combined years in practice and more than 4,739 documented case results. We understand the high stakes of federal charges that combine drugs and guns. Our approach is to build a defense that challenges every element of the prosecution’s case, from the legality of the search to the specific link between the firearm and the alleged drug crime.
Case Results and Client Advocacy
While specific results for possession of firearms in drug trafficking crime in Passaic County are not listed, our firm’s approach to federal defense is proven. We meticulously analyze discovery, file aggressive pre-trial motions, and prepare thoroughly for trial to protect our clients’ rights. Our goal is to seek dismissal, acquittal, or the most favorable resolution possible under the circumstances.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 275-1999
By appointment only.
Our New Jersey location serves clients facing federal charges in Passaic County. We are accessible via I-80, Route 46, and other major highways. We provide a drug and gun charge defense lawyer Passaic County residents can rely on for 24/7 phone consultations. We serve communities including Paterson, Clifton, Wayne, and Passaic City. As an armed drug trafficking lawyer Passaic County clients trust, we offer meetings by appointment only. Call (888) 437-7747 anytime.
FAQs: Possession of Firearms in Drug Trafficking Crime in Passaic County
Is possession of firearms in a drug trafficking crime a state or federal charge in New Jersey?
It is almost always a federal charge. While New Jersey has its own strict gun and drug laws, the specific crime of using or carrying a firearm during and in relation to a drug trafficking crime is prosecuted under federal law (18 U.S.C. § 924(c)) in U.S. District Court.
What is the mandatory minimum sentence for a first-time 924(c) conviction?
Five years in federal prison. This sentence is mandatory and must be served consecutively (back-to-back) with any sentence you receive for the underlying drug trafficking crime. The judge has no discretion to run the sentences concurrently.
Can I be charged if the gun wasn’t fired or even loaded?
Yes. The law does not require the firearm to be discharged. Simply possessing it “in furtherance of” the drug crime, which can mean having it accessible for protection during a deal, is sufficient for a charge under 924(c).
What’s the difference between “during and in relation to” and “in furtherance of”?
These are two separate prongs of the statute. “During and in relation to” means the firearm facilitated the crime. “In furtherance of” requires a closer connection, showing the firearm was strategically placed to advance the crime’s purpose. Prosecutors must prove one of these connections.
If the drugs are found in one room and a gun in another, can I still be charged?
It depends. Prosecutors will argue the firearm was possessed “in furtherance of” the drug operation if it was readily accessible. The defense can argue the spatial separation shows the gun was for personal protection unrelated to the drugs. The specific facts of the case are critical.
What are common defenses to a 924(c) charge?
Common defenses include challenging the legality of the search that found the gun, arguing the firearm was not connected to the drug activity, proving you did not possess the firearm, or negotiating a plea to the drug charge alone in exchange for dismissing the 924(c) count.
Related Legal Resources
If you are facing related charges, you may need a Passaic County criminal defense lawyer. For broader context, see our New Jersey federal criminal lawyer hub page. Those in neighboring areas can consult a federal criminal lawyer in Bergen County.
Last verified: April 2026. Federal laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a possession of firearms in drug trafficking crime charge.