Possession or Use of a Machine Gun Lawyer in Mercer County, NJ
Possession or use of a machine gun in Mercer County is a second-degree crime under N.J.S.A. 2C:39-5a, punishable by 5-10 years in prison. This charge is prosecuted aggressively in the Superior Court of NJ, Mercer Vicinage. If you are charged, you need a possession or use of a machine gun lawyer from Law Offices Of SRIS, P.C. immediately. We provide 24/7 consultations.
New Jersey Law on Machine Guns
New Jersey has some of the strictest gun laws in the nation. The possession, manufacture, transport, shipment, or disposal of a machine gun is explicitly prohibited. A machine gun is defined under state law as any firearm capable of firing 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, Mercer Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute, see N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures, visit the Superior Court of NJ, Mercer Vicinage website.
Defending Machine Gun Charges in Mercer County
In Mercer County, these cases are handled in the Criminal Division of the Superior Court. Prosecutors from the Mercer County Prosecutor’s Office treat these charges with extreme seriousness due to the potential for violence. A common initial challenge is the legality of the search and seizure that led to the discovery of the weapon. If your rights were violated, evidence may be suppressed.
- Initial Arrest & Charges: You will be charged with a second-degree crime. Bail conditions will be set, often requiring a detention hearing.
- Pre-Indictment Phase: Your attorney will review discovery, challenge the search warrant if applicable, and negotiate with the prosecutor before the case is presented to a grand jury.
- Grand Jury & Indictment: The prosecutor presents evidence to a grand jury. If indicted, your case proceeds in Superior Court.
- Pre-Trial Motions: Your lawyer files motions to suppress evidence, dismiss charges, or challenge the classification of the firearm.
- Plea Negotiations or Trial: Most cases are resolved through negotiation. If a plea cannot be reached, your case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows state guidelines, with a presumption of incarceration for a second-degree crime.
Penalties for Machine Gun Possession in Mercer County
In Mercer County, possession or use of a machine gun is a second-degree crime carrying a mandatory minimum sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5 to 10 years (Graves Act applies) | Up to $150,000 | Permanent forfeiture of firearm privileges | Mandatory minimum parole ineligibility, permanent criminal record |
| Use of a Machine Gun | First-Degree Crime | 10 to 20 years (Graves Act applies) | Up to $200,000 | Permanent forfeiture of firearm privileges | Extreme mandatory minimums, potential federal charges |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Federal and State Weapon Charges
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand that a machine gun charge can involve overlapping state and federal jurisdiction. Our approach is to mount a defense that addresses all potential liabilities from the start. We have handled demanding weapon cases across multiple jurisdictions.
Case Results in Weapons and Firearms Defense
While every case is unique, our firm has a documented history of achieving favorable outcomes in serious criminal matters. Our defense strategies are case-specific to the specific facts and legal challenges of each client’s situation. We work to protect your rights and seek a favorable resolution, whether through negotiation or trial.
Results may vary. Prior results do not guarantee a similar outcome.
Mercer County Machine Gun Defense Lawyer Near You
Our New Jersey location serves clients at Mercer County courts. We are accessible via I-95, Route 1, and the NJ Turnpike. If you need a machine gun possession lawyer Mercer County or an automatic weapon charge defense lawyer Mercer County, we are here to help.
Neighborhoods Served: Trenton, Princeton, Hamilton Township, Ewing, Lawrence, West Windsor, East Windsor, Hopewell, Robbinsville, Hightstown.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions: Machine Gun Charges
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law defines a machine gun as any firearm that shoots automatically more than one shot, without manual reloading, by a single trigger function. This includes conversion kits or parts designed to make a firearm fully automatic.
Is possession of a machine gun a federal or state crime?
It depends. It is almost always a state crime under N.J.S.A. 2C:39-5. However, it can also be a federal crime under the National Firearms Act. You can be charged in both state and federal court for the same conduct, which is why you need a lawyer experienced with both systems.
What are the possible defenses to a machine gun charge?
Common defenses include challenging the legality of the search that found the weapon, arguing the firearm does not meet the legal definition of a machine gun, lack of knowledge or possession, and entrapment. The right defense depends entirely on the facts of your case.
Does the Graves Act apply to machine gun charges?
Yes. The Graves Act mandates a period of parole ineligibility for certain firearms offenses, including possession of a machine gun. This means if convicted, you must serve a minimum prison term before becoming eligible for parole.
Can a machine gun charge be reduced or dismissed?
It is possible, but challenging. Outcomes depend on evidence, your history, and the strength of the defense. An experienced possession or use of a machine gun lawyer can negotiate for a reduction to a lesser charge or seek dismissal if constitutional rights were violated.
If you are facing an automatic weapon charge, contact a possession or use of a machine gun lawyer at Law Offices Of SRIS, P.C. immediately. Call (888) 437-7747 for a 24/7 consultation.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If your case reaches beyond Mercer County, our page on possession or use of a machine gun charges across New Jersey sets out what to look for at each stage.
Your case in Mercer 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 Mercer County that is the Superior Court of NJ, Mercer Vicinage (7th Vicinage), 175 South Broad Street, Trenton, NJ 08650, telephone (609) 571-4200, 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 Mercer 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: Mercer County NJ lawyers directory · Possession or Use of a Machine Gun Lawyer Bergen County, NJ · Possession or Use of a Machine Gun Lawyer Hudson County, NJ · Monmouth County NJ Possession or Use of a Machine Gun Lawyer.