Possession Or Use Of A Machine Gun Lawyer New Jersey — What Are Your Defenses?
Possession or use of a machine gun in New Jersey is a federal crime under the National Firearms Act (NFA) and state law, carrying severe penalties including a mandatory minimum 30-year sentence. If you are facing these charges, you need immediate legal help from a lawyer experienced in federal firearms law. Law Offices Of SRIS, P.C.
What Constitutes Possession or Use of a Machine Gun Under Federal and New Jersey Law?
The legal definition of a machine gun is broad and strictly enforced. Federal law, specifically 26 U.S.C. § 5845(b), defines a machine gun as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” This includes the frame or receiver of any such weapon, any part designed and intended solely for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled. New Jersey law under N.J.S.A. 2C:39-1(n) has a similar, stringent definition. The statute also criminalizes parts or conversion kits, like a “Glock switch,” that can make a semi-automatic firearm fire automatically.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature
Official Legal Resources
Understanding the statutes is critical. The federal law is codified in the U.S. Code, Title 26, § 5845 (official U.S. Government Publishing Office). For New Jersey state law, refer to the New Jersey Statutes, Title 2C, Chapter 39 (official New Jersey Legislature).
Local Court Procedures and Defense Strategy in New Jersey
Federal firearms charges for possession or use of a machine gun are prosecuted in the U.S. District Court for the District of New Jersey. These cases are complex and involve agencies like the ATF. A key procedural fact is that federal sentencing guidelines for NFA violations are extremely harsh, and prosecutors often seek the maximum penalties. A lawyer must immediately challenge the legality of the search and seizure, the functionality of the device, and the defendant’s knowledge and intent.
- Initial Arrest and Arraignment: You will be arrested, processed, and brought before a federal magistrate judge for an initial appearance and arraignment, where charges are formally read.
- Detention Hearing: The government will likely seek to detain you without bail due to the serious nature of the charge. Your attorney must argue for pretrial release.
- Discovery and Motions: Your defense lawyer will obtain all evidence from the prosecution and file pre-trial motions to suppress evidence or dismiss charges.
- Plea Negotiations: Given the severe penalties, your attorney will engage with the U.S. Attorney’s Office to explore potential plea agreements for a reduced charge.
- Trial Preparation: If no plea is reached, your lawyer will prepare a vigorous trial defense, often involving experienced witnesses on firearms functionality.
- Sentencing: If convicted, your attorney will advocate at sentencing to mitigate the mandatory minimum penalties.
Potential Penalties for Machine Gun Charges in New Jersey
In New Jersey, possession or use of a machine gun is a federal crime that carries a mandatory minimum sentence of 30 years in prison under 18 U.S.C. § 924(c), and can also be prosecuted under state law as a second-degree crime.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Federal Crime / NJ 2nd-Degree Crime | 30-year mandatory minimum (federal); 5-10 years (NJ state) | Up to $250,000 (federal); Up to $150,000 (NJ) | Forfeiture of firearm, permanent felony record, loss of firearm rights. |
| Use of a Machine Gun in a Crime of Violence | Federal Crime | Life imprisonment | Up to $250,000 | Mandatory consecutive sentencing, severe sentencing enhancements. |
| Illegal Transfer or Manufacture | Federal Crime / NJ 2nd-Degree Crime | Up to 10 years (federal); 5-10 years (NJ) | Up to $250,000 (federal); Up to $150,000 (NJ) | ATF regulatory violations, additional federal charges. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Machine Gun Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex federal criminal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high-stakes nature of federal firearms prosecutions and provide “Advocacy Without Borders.” Mr. Sris’s background in accounting and information systems is a distinct advantage in cases involving technical evidence and financial tracing.
Our Approach to Your Case
We begin every case with an immediate investigation. For a possession or use of a machine gun charge, this means scrutinizing the ATF’s classification report, challenging the search warrant affidavit, and examining whether the device was truly functional. We have a documented record of defending clients against serious federal charges. Every case is handled with the deep involvement of senior attorneys, ensuring no detail is overlooked in building your defense.
Local Presence and Accessibility for New Jersey Clients
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-0900
By appointment only.
Our Tinton Falls location serves clients across Monmouth County and New Jersey. We are accessible to those facing charges in federal court. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment only.
Frequently Asked Questions: Machine Gun Charges in NJ
Is possession of a Glock switch illegal in New Jersey?
Yes. A “Glock switch” or any auto-sear is considered a machine gun conversion device under federal law (26 U.S.C. § 5845(b)) and New Jersey law (N.J.S.A. 2C:39-1(n)). Mere possession of the part, even if not installed, is a felony.
What is the mandatory sentence for using a machine gun in a crime?
Under 18 U.S.C. § 924(c), using or carrying a machine gun during a crime of violence carries a mandatory minimum sentence of 30 years in federal prison. This sentence must run consecutively to any other sentence imposed for the underlying crime.
Can I be charged if the gun was in my house but not mine?
It depends. Prosecutors must prove you knowingly possessed the firearm. Constructive possession—where you had the power and intention to control the gun—can lead to charges. Your attorney must attack the proof of knowledge and intent.
Are there any legal defenses to a machine gun charge?
Yes. Common defenses include challenging the legality of the search (Fourth Amendment), proving the firearm was not functional as a machine gun, demonstrating a lack of knowledge that it was a machine gun, or asserting that the item is not legally defined as a machine gun part.
Should I talk to the ATF if they contact me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately seek legal help. Anything you say can be used against you.
How quickly should I get a lawyer?
Immediately. The federal investigative process moves quickly. Early intervention by a lawyer is crucial to protect your rights during questioning, secure your release, and begin building your defense before the government’s case is solidified.
If you need a possession or use of a machine gun lawyer in New Jersey, contact us for a legal consultation. We offer 24/7 phone availability at (888) 437-7747. Meetings are by appointment only at our Tinton Falls location.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
A possession or use of a machine gun case is one part of weapons & firearms work, and our page on use of a firearm in crime of violence lawyer New Jersey covers the wider process.