Possession or Use of a Machine Gun Lawyer in Hudson County, NJ
Possession or use of a machine gun in Hudson County is a severe felony under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. If you are charged, you need a possession or use of a machine gun lawyer from Law Offices Of SRIS, P.C. Our firm provides a strong defense against automatic weapon charges in Jersey City and Hoboken courts.
What Is a Machine Gun Under New Jersey Law?
New Jersey law 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 fully automatic weapons, conversion kits, and any part designed to convert a firearm into a machine gun. The statute, N.J.S.A. 2C:39-1(i), provides this specific definition. Possession, even without intent to use, is a separate crime from use or intent to use the weapon.
Last verified: April 2026 | Superior Court of NJ, Hudson Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute, see N.J.S.A. 2C:39-5 (official New Jersey Legislature). For court procedures, visit the Superior Court, Hudson Vicinage website.
Defending Machine Gun Charges in Hudson County
Charges are prosecuted aggressively in Hudson County Superior Court. A key local procedural fact is that these cases are often initiated after interdictions at major transit hubs like the Holland Tunnel or PATH stations, linking possession to broader investigations. The prosecution must prove you knowingly possessed or intended to use the weapon.
- Initial Arrest & Charges: You will be charged with a second-degree crime. Your first court appearance will be in Superior Court for an arraignment.
- Pre-Indictment Phase: Your attorney can negotiate with the Hudson County Prosecutor’s Office before a formal indictment is presented to a grand jury.
- Grand Jury & Indictment: The case proceeds to a grand jury. If indicted, formal trial proceedings begin.
- Pre-Trial Motions: Your lawyer can file motions to suppress evidence if the weapon was found through an illegal search or seizure.
- Trial or Resolution: The case may go to trial before a jury or be resolved through a negotiated plea agreement.
- Sentencing: If convicted, sentencing follows, where arguments for mitigating the mandatory minimum can be presented.
Potential Penalties for Machine Gun Charges
In Hudson County, possession of a machine gun is a crime of the second degree, carrying a mandatory minimum prison term of five years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Crime of the 2nd Degree | 5-10 years (mandatory min. 5 yrs) | Up to $150,000 | Firearms forfeiture; permanent prohibition | Graves Act parole ineligibility; felony record |
| Use or Intent to Use a Machine Gun | Crime of the 2nd Degree | 5-10 years (mandatory min. 5 yrs) | Up to $150,000 | Firearms forfeiture; permanent prohibition | Graves Act parole ineligibility; felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys bring a combined 120+ years of legal experience to building defenses against serious weapons charges. We understand the high stakes of an automatic weapon charge defense lawyer in Hudson County and work to protect your rights from arrest through trial.
Case Results and Client Advocacy
While specific results for machine gun possession in Hudson County are not listed, our firm’s approach to serious criminal defense is demonstrated in other high-stakes matters. For example, our team has secured dismissals in cases involving serious allegations such as sex abuse and child pornography. We apply the same diligent investigation and strategic motion practice to defend against charges for possession or use of a machine gun.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Hudson County Criminal Defense Lawyers
Our New Jersey location serves clients facing charges in Hudson County courts. We are accessible via the NJ Turnpike, Route 1/9, and near the Lincoln and Holland Tunnels. If you need a machine gun possession lawyer in Hudson County, contact us for a consultation.
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) 651-3900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve Jersey City, Hoboken, North Bergen, Union City, West New York, Secaucus, Bayonne, Kearny, Harrison, Weehawken, and Guttenberg.
Frequently Asked Questions: Machine Gun Charges
What is the difference between possession and use of a machine gun?
Yes, there is a legal difference. Simple possession is charged under N.J.S.A. 2C:39-5(a). “Use” or possession with intent to use it unlawfully against a person or property is charged under subsection (b). Both are second-degree crimes with a five-year mandatory minimum, but the intent element differs.
Can I get bail if charged with possession of a machine gun?
It depends. Under New Jersey’s bail reform, the court conducts a Public Safety Assessment. For a second-degree Graves Act offense like this, the prosecutor will likely argue for detention. Your lawyer must argue for your release with conditions, which is challenging but possible based on your ties to the community and lack of risk.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the search that found the weapon, arguing a lack of knowledge or control over the item (constructive possession), or questioning whether the device meets the strict legal definition of a machine gun. An experienced automatic weapon charge defense lawyer in Hudson County can evaluate the best approach.
Is there a mandatory prison sentence?
Yes. New Jersey’s Graves Act mandates a period of parole ineligibility for certain firearms offenses, including possession of a machine gun. The court must impose a minimum term of imprisonment, typically between one-third and one-half of the base sentence, during which you are not eligible for parole.
Can the charge be reduced to a lesser offense?
It is possible but difficult. Negotiations with the Hudson County Prosecutor’s Office may focus on reducing the charge to a third-degree unlawful possession of a weapon (which has no mandatory minimum) in exchange for a plea. Success depends on the case’s facts, your history, and your lawyer’s skill.
Internal Resources
For more information, see our New Jersey Criminal Defense Lawyer hub page. We also assist with related charges in nearby areas like Bergen County. If you are facing other serious charges, learn about our work as a Federal Criminal Lawyer in Hudson County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Hudson County, and our page on possession or use of a machine gun charges across New Jersey walks through each stage.
Your case in Hudson County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Hudson County that is the Superior Court of NJ, Hudson Vicinage (3rd Vicinage), 583 Newark Avenue, Jersey City, NJ 07306, telephone (201) 748-4400, 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 the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Hudson 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: Hudson County NJ lawyers directory · Possession or Use of a Machine Gun Lawyer Bergen County, NJ · Monmouth County NJ Possession or Use of a Machine Gun Lawyer.