Possession or Use of a Machine Gun Lawyer in Atlantic County, NJ
A charge for the possession or use of a machine gun in Atlantic County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison. Law Offices Of SRIS, P.C. provides immediate defense for these severe federal and state charges.
New Jersey Law on Machine Guns
New Jersey has some of the strictest firearm laws in the nation. The possession, manufacture, transport, or use of a machine gun is explicitly prohibited. The statute defines a machine gun as any firearm that can fire more than one shot automatically, without manual reloading, by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun.
Last verified: April 2026 | Superior Court of NJ, Atlantic Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures in Atlantic County, visit the Atlantic Vicinage website.
Defending Machine Gun Charges in Atlantic County
Defending a possession or use of a machine gun charge requires a detailed understanding of both state law and the National Firearms Act (NFA). In Atlantic County Superior Court, prosecutors pursue these cases aggressively. A key defense often involves challenging the legality of the search and seizure that led to the discovery of the weapon. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed.
- Initial Arrest & Charges: You will be charged with a second-degree crime. The case is filed in the Atlantic County Superior Court, Law Division.
- First Appearance & Detention Hearing: The court will advise you of the charges. Given the severity, the state will likely seek pretrial detention.
- Discovery & Investigation: Your attorney will obtain all police reports, forensic reports on the firearm, and any witness statements.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges based on legal defects.
- Plea Negotiations or Trial: The state may offer a plea to a lesser charge. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing will follow, with mandatory minimum terms under the Graves Act.
Potential Penalties for Machine Gun Offenses
In Atlantic County, possession or use of a machine gun is a second-degree crime carrying a mandatory state prison sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Parole ineligibility, permanent felony record, loss of firearm rights. |
| Use of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Enhanced parole disqualifier, mandatory minimums, federal charges possible. |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of an automatic weapon charge defense lawyer Atlantic County case and provide focused, strategic representation.
Case Results & Client Advocacy
Our attorneys work to achieve the best possible result in every case. We examine every detail, from the initial stop to the forensic evidence. For a possession or use of a machine gun charge, a strong defense is not optional—it is essential to protect your future.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Atlantic County Defense Lawyers
Our New Jersey location serves clients in Atlantic County. We are accessible via the GSP and Atlantic City Expressway. If you need a machine gun possession lawyer Atlantic County near Atlantic City, Egg Harbor Township, Galloway, Hamilton Township, Pleasantville, Hammonton, Absecon, Ventnor, Linwood, Brigantine, or Margate, contact us.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
24/7 Phone Consultations: (888) 437-7747
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
Yes. Under N.J.S.A. 2C:39-1, it is any firearm that shoots automatically more than once with one trigger pull. This includes conversion kits or parts intended for that purpose.
Is possession of a machine gun a federal or state crime?
It depends. It can be both. New Jersey will prosecute under state law, which carries severe penalties. The federal government may also prosecute under the National Firearms Act (NFA), which has its own mandatory sentences. You need a lawyer experienced with both systems.
What are the possible defenses to a machine gun charge?
Common defenses include challenging an illegal search, proving the firearm was not operational or not truly automatic, lack of knowledge or possession, and entrapment. Each case is unique and requires a detailed investigation.
Does the Graves Act apply to machine gun charges?
Yes. The Graves Act mandates state prison time and periods of parole ineligibility for certain firearms offenses, including the possession or use of a machine gun. This makes the charge even more serious.
Can I get bail if charged with possession of a machine gun?
It is challenging. Due to the severity of the charge, prosecutors routinely seek pretrial detention under New Jersey’s bail reform laws. Your attorney must argue for your release at a detention hearing immediately after arrest.
Related Legal Services in Atlantic County
If you are facing other serious charges, our firm can help. We also handle federal criminal defense in Atlantic County, DUI charges, and business law matters. For more information on criminal defense across New Jersey, visit our New Jersey criminal defense hub page. We also serve clients in neighboring areas like Cape May County and Burlington County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a possession or use of a machine gun charge.