Possession or Use of a Machine Gun Lawyer Sussex County — What Are Your Defenses?
Possession or use of a machine gun in Sussex County is a second-degree crime under N.J.S.A. 2C:39-5, punishable by 5-10 years in state prison. A conviction carries a mandatory minimum sentence and permanent firearm forfeiture. If you are charged, you need a possession or use of a machine gun lawyer Sussex County from Law Offices Of SRIS, P.C. We provide 24/7 consultations.
New Jersey Law on Machine Guns and Automatic Weapons
New Jersey has some of the strictest firearm laws in the nation. The state broadly prohibits the possession, manufacture, transport, shipment, sale, or disposal of a machine gun. A machine gun is defined under N.J.S.A. 2C:39-1(i) as any firearm, mechanism, or instrument that can discharge 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. The law makes no distinction for possession in one’s home versus in public; possession itself is the crime.
Last verified: April 2026 | Superior Court of NJ, Sussex Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the statute, see N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and forms, visit the Superior Court of New Jersey, Sussex Vicinage website.
Handling a Machine Gun Charge in Sussex County Court
Charges for possession or use of a machine gun are prosecuted in the Law Division of the Superior Court in Newton. These are high-stakes cases where the prosecution will seek severe penalties. An automatic weapon charge defense lawyer Sussex County must immediately challenge the legality of the search and seizure, the weapon’s classification, and the defendant’s knowledge and intent.
- Initial Arraignment: You will be formally charged and advised of your rights in Superior Court. Bail conditions are set.
- Pre-Indictment Phase: Your lawyer can negotiate with the prosecutor before the case goes to a grand jury, potentially seeking a reduction.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure an indictment for a second-degree crime.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, challenge the charge, or dismiss the case based on legal defects.
- Plea Negotiations or Trial: Most cases are resolved through negotiation. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows, where arguments are made to minimize the prison term.
Potential Penalties for Machine Gun Possession in New Jersey
In Sussex County, possession of a machine gun is a second-degree crime carrying a mandatory minimum state prison sentence of one-third to one-half of the base term, with parole ineligibility.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years in State Prison (Mandatory Min.) | Up to $150,000 | Permanent forfeiture of firearms, permanent criminal record, loss of voting rights while incarcerated. |
| Use of a Machine Gun | First-Degree Crime | 10-20 years in State Prison (Mandatory Min.) | Up to $200,000 | Graves Act penalties apply, requiring lengthy parole ineligibility. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Serious Firearms 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 possession lawyer Sussex County must build a defense on challenging the evidence’s admissibility and the state’s ability to prove every element of the charge beyond a reasonable doubt.
Case Results and Client Advocacy
While specific results in Sussex County for this charge are not publicly verifiable, our firm’s approach to serious felony defense is consistent. We meticulously review police reports, evidence logs, and forensic analyses to identify weaknesses in the prosecution’s case. Our goal is to seek a dismissal or reduction of charges where possible.
Results may vary. Prior results do not aim for a similar outcome.
Machine Gun Charge Defense in Sussex County, NJ
Our New Jersey location serves clients facing charges at the Sussex County Superior Court in Newton. We represent individuals in Newton, Sparta, Vernon, Franklin, Hamburg, Andover, Stanhope, and Hopatcong.
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 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 there a mandatory prison sentence for machine gun possession?
Yes. Possession is a second-degree crime with a mandatory minimum state prison term. The court has no discretion to sentence you to probation only for this charge.
Can I get a machine gun charge reduced?
It depends. An experienced automatic weapon charge defense lawyer Sussex County can negotiate with prosecutors. Success depends on case facts, your history, and evidence issues. A reduction may be possible to a lesser firearms offense.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the search that found the weapon, arguing the item is not a functional machine gun, or proving you lacked knowledge of its presence or nature. Each defense is highly fact-specific.
Should I speak to the police if I’m investigated for this?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately request to speak with a possession or use of a machine gun lawyer Sussex County.
If you need a machine gun possession lawyer Sussex County, contact us immediately. For related legal help, see our pages for Federal Criminal Defense in Sussex County and New Jersey Criminal Defense Lawyers. We also assist clients in nearby areas like Bergen County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.