Possession or Use of a Machine Gun Lawyer in Middlesex County, NJ
Possession or use of a machine gun in New Jersey is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in prison. If you face this charge in Middlesex County, you need a possession or use of a machine gun lawyer immediately. Law Offices Of SRIS, P.C. defends clients in Superior Court. Call (888) 437-7747 for a 24/7 consultation.
New Jersey Law on Machine Guns
New Jersey has some of the strictest firearm laws in the nation. The possession, manufacture, transport, shipment, or disposal of a machine gun is explicitly prohibited. A machine gun is defined under N.J.S.A. 2C:39-1(i) 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, Middlesex Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the severe nature of these charges. We use our experience to examine the details of your case, from the legality of the search to the classification of the weapon.
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 Middlesex Vicinage website.
Defending Machine Gun Charges in Middlesex County
Charges are filed in the Law Division of the Superior Court in New Brunswick. Prosecutors pursue these cases aggressively due to their severity. A strong defense requires challenging the evidence. Was the search legal? Did law enforcement have a valid warrant? Is the device truly a “machine gun” as defined by law, or is it a legally modified semi-automatic? An automatic weapon charge defense lawyer Middlesex County must scrutinize every aspect.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty.
- Pre-Indictment Phase: Your lawyer can negotiate with the prosecutor before the case goes to a grand jury.
- Grand Jury & Indictment: The state presents evidence to a grand jury to secure an indictment.
- Discovery & Motions: Your defense attorney reviews all evidence and files motions to suppress illegal evidence.
- Plea Negotiations or Trial: Most cases are resolved through negotiation, but we prepare every case for trial.
- Sentencing: If convicted, sentencing follows, where we argue for the minimum possible penalty.
Penalties for Machine Gun Possession in NJ
In Middlesex County, possession or use of a machine gun is a second-degree crime carrying a mandatory minimum sentence with substantial fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Forfeiture of firearm privileges | Mandatory minimum parole ineligibility; permanent criminal record |
| Use of a Machine Gun | First-Degree Crime | 10-20 years (Graves Act applies) | Up to $200,000 | Forfeiture of firearm privileges | Extreme mandatory minimums; potential federal charges |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Serious Weapons Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We approach every case with the understanding that your freedom is at stake. For a machine gun possession lawyer Middlesex County, our team examines the arrest circumstances, the chain of custody of evidence, and the specific attributes of the weapon. We look for weaknesses in the prosecution’s case to build a strong defense strategy.
Case Results
Our firm has a documented record of handling serious criminal charges. While every case is unique, our approach is thorough and aggressive. We work to have charges reduced or dismissed by challenging the prosecution’s evidence and procedural errors.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Middlesex County Criminal Defense Lawyers
Our New Jersey location serves clients at Middlesex County courts, accessible via the NJ Turnpike, Route 1, and Route 18. We are a possession or use of a machine gun lawyer near New Brunswick, Edison, and Woodbridge.
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 New Brunswick, Edison, Woodbridge, Old Bridge, Piscataway, Perth Amboy, South Brunswick, East Brunswick, Metuchen, Sayreville, South Amboy, and Monroe Township.
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law defines a machine gun as any firearm that shoots more than one shot automatically without manual reloading by a single trigger function. This includes conversion kits or parts designed for that purpose.
Is possession of a machine gun a federal or state crime?
It can be both. You can face state charges under N.J.S.A. 2C:39-5 and federal charges under the National Firearms Act. Prosecutors often collaborate, so you need a lawyer familiar with both systems.
What are the possible defenses to a machine gun charge?
Defenses include challenging the legality of the search (Fourth Amendment), proving the weapon does not meet the legal definition, lack of knowledge or possession, and entrapment. Each case requires a specific analysis.
Does the Graves Act apply to machine gun charges?
Yes. The Graves Act mandates severe mandatory minimum prison terms for certain firearms offenses, including possession of a machine gun. Parole ineligibility periods are required by law.
Can a machine gun charge be reduced or dismissed?
It depends. Outcomes depend on evidence, your history, and defense strategy. An experienced lawyer can negotiate for a reduction to a lesser charge or seek dismissal based on procedural flaws or weak evidence.
Related Legal Help in Middlesex County
If you are facing other serious charges, we can help. Visit our pages for Federal Criminal Defense in Middlesex County or DUI Defense in Middlesex County. For all New Jersey criminal defense matters, see our New Jersey Criminal Defense Lawyer hub.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.