Possession or Use of a Machine Gun Lawyer in Union County, NJ
Possession or use of a machine gun in Union County is a second-degree crime under N.J.S.A. 2C:39-5a, punishable by 5-10 years in prison. Law Offices Of SRIS, P.C. provides a strong defense against these severe automatic weapon charges. If you are charged, contact a possession or use of a machine gun lawyer immediately. Our firm offers 24/7 consultations.
Understanding Machine Gun Charges in New Jersey
New Jersey has some of the strictest firearm laws in the nation. 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 fully automatic weapons and any device designed to convert a semi-automatic firearm into an automatic one. The statutes governing these offenses are severe and leave little room for error in your defense.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-5 (official New Jersey Legislature site). For court procedures and information, visit the Union Vicinage of the New Jersey Superior Court.
Local Defense Strategy in Union County
Defending a machine gun charge in Union County requires immediate and precise action. The Union County Prosecutor’s Office treats these cases with high priority. An early intervention by a skilled machine gun possession lawyer Union County can challenge the legality of the search, the chain of custody of evidence, and the classification of the firearm. The goal is to seek a reduction or dismissal before an indictment is secured.
- Secure Immediate Representation: Do not speak to investigators without your attorney present. Contact a possession or use of a machine gun lawyer.
- Case Review & Investigation: Your attorney will obtain all discovery, including police reports, lab reports on the firearm, and witness statements.
- Pre-Indictment Motions: File motions to suppress evidence if the search or seizure violated your constitutional rights.
- Negotiation & Trial Strategy: Based on the evidence, your lawyer will negotiate with the prosecutor for a favorable plea or prepare a vigorous trial defense.
- Sentencing Mitigation: If a conviction occurs, your attorney will advocate for the minimum sentence and present mitigating factors.
Potential Penalties for Machine Gun Offenses
In Union County, possession of a machine gun is a second-degree crime carrying a mandatory minimum sentence with substantial state prison time.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Second-Degree Crime | 5-10 years (Graves Act applies) | Up to $150,000 | Parole ineligibility, permanent felony record, loss of firearm rights. |
| Use of a Machine Gun | First-Degree Crime | 10-20 years (Graves Act applies) | Up to $200,000 | Mandatory minimum parole ineligibility, severe permanent record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our approach is grounded in a deep understanding of New Jersey’s complex weapons statutes and the procedures of the Union County courts. We build defenses that scrutinize every aspect of the prosecution’s case, from the initial stop to the forensic analysis of the alleged weapon.
Case Results & Client Advocacy
While we cannot aim for specific results, our firm is dedicated to achieving the best possible outcome in every case. We have successfully defended clients facing serious felony charges by challenging evidence and negotiating favorable resolutions. Our team works to protect your rights and future from the moment you contact us.
Results may vary. Prior results do not aim for a similar outcome.
Union County Machine Gun Charge Defense
Our New Jersey location serves clients at the Union County Courthouse in Elizabeth. We represent individuals from Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
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.
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 conversion devices like “Glock switches” or “auto-sears.”
Is possession of a machine gun a federal or state charge?
It can be both. You can face separate charges in federal court under the National Firearms Act and in New Jersey state court. The state penalties are severe, often requiring an automatic weapon charge defense lawyer Union County familiar with both systems to coordinate a defense strategy.
What are the possible defenses to a machine gun charge?
Defenses may include challenging the legality of the search (Fourth Amendment), proving the firearm was not functional or not a machine gun, lack of knowledge or possession, or issues with the chain of custody of the evidence. An experienced attorney will identify the strongest angle.
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 or use of a machine gun. This makes a prison sentence virtually unavoidable upon conviction, highlighting the critical need for a strong pre-trial defense.
Should I talk to the police if they find a firearm?
No. You have the right to remain silent and the right to an attorney. Politely state you wish to speak with your lawyer. Anything you say can be used against you. Contact a possession or use of a machine gun lawyer immediately.
Related Legal Resources
If you are facing other serious charges, our firm also handles federal crimes in Union County and DUI offenses. For a broader view of our New Jersey practice, visit our New Jersey criminal defense hub. We also serve neighboring 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.