Salem County Machine Gun Charge Defense Lawyer
A charge for the possession or use of a machine gun in Salem County is a severe felony under New Jersey law, specifically N.J.S.A. 2C:39-5. Conviction can lead to decades in state prison and permanent loss of rights. The Law Offices Of SRIS, P.C. provides a strong defense for those facing automatic weapon charges.
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 under N.J.S.A. 2C:39-5(a). 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 weapons that have been illegally modified to achieve automatic fire.
Last verified: April 2026 | Superior Court of NJ, Salem Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We understand the gravity of these charges and the aggressive approach taken by prosecutors in Salem County Superior Court.
Official Legal Resources
Understanding the specific laws you are accused of violating is critical. You can review the official statute at the New Jersey Legislature website for N.J.S.A. 2C:39-5. For information on court procedures in Salem County, visit the Salem Vicinage of the New Jersey Superior Court.
Defending Machine Gun Charges in Salem County
In Salem County, charges for possession or use of a machine gun are prosecuted in the Law Division of the Superior Court. These are not handled in municipal court. Prosecutors from the Salem County Prosecutor’s Office treat these cases with extreme seriousness, often seeking maximum penalties. A successful defense requires challenging the legality of the search that found the weapon, the forensic evidence linking it to you, and the state’s ability to prove you knew the firearm was fully automatic.
- Immediate Legal Intervention: Do not speak to investigators. Contact our firm to secure representation before any questioning.
- Evidence Review: We will scrutinize the search warrant, seizure procedures, and all forensic reports for constitutional violations or errors.
- Motion Practice: File pre-trial motions to suppress illegally obtained evidence or dismiss charges based on lack of probable cause.
- experienced Consultation: Engage firearms professionals to examine the weapon and challenge the state’s classification of it as a “machine gun.”
- Trial Preparation: If a plea agreement is not in your best interest, we will prepare a vigorous defense for trial before a Salem County jury.
Potential Penalties for Machine Gun Charges
In Salem County, possession or use of a machine gun is a crime of the second degree, carrying a mandatory minimum prison sentence under the Graves Act.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Crime of the 2nd Degree | 5-10 years (Graves Act applies: 42-60 months mandatory minimum, no parole) | Up to $150,000 | Permanent forfeiture of firearm purchaser ID and all firearms | Felony record, loss of voting rights, prohibitions on certain employment |
| Use of a Machine Gun | Crime of the 1st Degree | 10-20 years (Graves Act applies) | Up to $200,000 | Permanent forfeiture of firearm purchaser ID and all firearms | Same as above, with longer parole ineligibility periods |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Serious Firearms Charges
Our firm, led by former prosecutor Mr. Sris, brings a unique perspective to defending serious weapons charges. We understand how the state builds its case and where its weaknesses often lie. We have successfully defended clients against a range of felony charges by meticulously challenging evidence and advocating for our clients’ rights at every stage.
Case Results in Weapons Defense
While every case is unique, our approach is focused on achieving a favorable outcome. We have secured dismissals, not guilty verdicts, and favorable plea resolutions for clients facing serious allegations.
Results may vary. Prior results do not guarantee a similar outcome.
Salem County Machine Gun Defense Lawyer Near You
Our New Jersey location serves clients at the Salem County Courthouse. We represent individuals in Salem, Pennsville, Carneys Point, Woodstown, Pilesgrove, Alloway, Quinton, and Elsinboro.
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) 651-9900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under New Jersey law?
Yes. New Jersey law (N.J.S.A. 2C:39-1) defines a machine gun as any firearm that shoots automatically more than one shot, without manual reloading, by a single trigger function. This includes weapons that have been illegally modified to fire automatically.
Is there any legal defense to a machine gun possession charge?
It depends. Common defenses include challenging the legality of the search that discovered the weapon, arguing a lack of knowledge that the firearm was automatic, or contesting the forensic classification of the firearm. An experienced automatic weapon charge defense lawyer in Salem County can evaluate the specific facts of your case.
What is the Graves Act and how does it apply?
The Graves Act (N.J.S.A. 2C:43-6c) mandates mandatory minimum prison sentences for certain firearms offenses, including those involving machine guns. It requires a judge to impose a period of parole ineligibility, meaning you must serve a set portion of the sentence before becoming eligible for parole.
Can I own a legally registered machine gun in New Jersey?
No. With extremely limited exceptions for certain government entities, the possession of machine guns is completely prohibited for private citizens in New Jersey, regardless of federal registration status under the National Firearms Act.
What should I do if I’m arrested for a machine gun charge?
Remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements. Contact a machine gun possession lawyer in Salem County as soon as possible to begin building your defense. The decisions made in the first hours after an arrest are critical.
Related Legal Help in Salem County
If you are facing other serious charges, our firm can help. We also handle federal criminal defense in Salem County, DUI charges, and business law matters. For a full overview of our criminal defense practice, see our New Jersey criminal defense hub page. We also serve clients in neighboring areas like Camden County and Burlington County.
Page last verified: 2026-04. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding possession or use of a machine gun charges.
If your case reaches beyond Salem County, our page on possession or use of a machine gun charges across New Jersey sets out what to look for at each stage.
For the full picture beyond Salem, our page on possession or use of a machine gun in Virginia covers the process end to end.
Your case in Salem 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 Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, 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 Salem 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: Salem 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.