Unlawful Dealing in Firearms Lawyer Burlington County — What Are Your Defenses?
Unlawful dealing in firearms in Burlington County is a serious indictable crime under N.J.S.A. 2C:39-9, punishable by up to 10 years in prison. As an unlawful dealing in firearms lawyer Burlington County, Law Offices Of SRIS, P.C. provides a strong defense against charges of illegal gun sales and trafficking.
Statutory Definition of Unlawful Dealing in Firearms in New Jersey
In New Jersey, unlawful dealing in firearms is governed by N.J.S.A. 2C:39-9. This statute makes it a crime to knowingly sell, give, transfer, or possess with intent to sell any firearm without being licensed or otherwise authorized to do so. The law also prohibits selling a firearm to a person under 18 or to someone the seller knows is prohibited from possessing a firearm. These charges are distinct from simple illegal possession and are treated as serious indictable offenses, often prosecuted as second or third-degree crimes depending on the circumstances.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-9 (official New Jersey Legislature). Court procedures and filings for Burlington County are handled through the Superior Court of NJ, Burlington Vicinage website.
Local Court Process for Firearms Trafficking Charges in Burlington County
Charges for unlawful dealing in firearms are indictable crimes (felony equivalents) heard in the Burlington County Superior Court Criminal Division at 49 Rancocas Road, Mount Holly. New Jersey’s strict gun laws mean these cases are prosecuted aggressively by the Burlington County Prosecutor’s Office. The process involves a grand jury indictment, and given the severity, securing experienced counsel immediately is critical. A firearms trafficking lawyer Burlington County from our firm can handle the specific procedures of this court.
- Initial Arrest & Complaint: You will be charged via a complaint-warrant. A first appearance and detention hearing will be scheduled within 48 hours.
- Detention Hearing: The state will argue for your detention. Your attorney must present arguments for your release under conditions, challenging the Public Safety Assessment risk score.
- Grand Jury Presentation: The prosecutor presents evidence to a grand jury to secure an indictment. Your attorney cannot be present but can challenge the indictment later.
- Discovery & Pre-Trial Motions: Your defense attorney will obtain all evidence (discovery) and file motions to suppress evidence or dismiss charges if constitutional violations occurred.
- Plea Negotiations or Trial: Most cases resolve through negotiation. If no acceptable plea is offered, your case will proceed to a jury trial in Superior Court.
- Sentencing: If convicted, sentencing follows state guidelines, which for firearms offenses often include mandatory minimum prison terms.
Potential Penalties for Unlawful Dealing in Firearms
In Burlington County, unlawful dealing in firearms is typically a second or third-degree crime, carrying a potential prison sentence of 5-10 years or 3-5 years, respectively, along with significant fines and a permanent felony record.
| Offense Level | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Sale of Firearm | 2nd Degree Crime | 5-10 years | Up to $150,000 | Permanent loss of firearm purchaser ID card & permit | Graves Act mandatory minimum parole ineligibility; federal investigation possible |
| Sale to Minor/Prohibited Person | 3rd Degree Crime | 3-5 years | Up to $15,000 | Permanent loss of firearm rights | Graves Act may apply; civil liability |
| Possession with Intent to Sell | 2nd or 3rd Degree | 3-10 years | Up to $150,000 | Permanent firearm disqualification | Asset forfeiture of vehicles/money used in trafficking |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearms Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand the high stakes of an unlawful dealing in firearms charge and provide a focused, strategic defense. Mr. Sris, the managing attorney, personally oversees complex criminal matters and brings a background in accounting and information systems that is advantageous in cases involving financial transactions or digital evidence related to gun sales.
Case Results & Client Advocacy
While specific case results are confidential, our firm’s approach in Burlington County focuses on challenging the state’s evidence at every stage. For an illegal gun sales defense lawyer Burlington County, key strategies include attacking the legality of searches, challenging the chain of custody of evidence, disputing intent, and negotiating for diversionary programs like Pre-Trial Intervention (PTI) where applicable. SRIS actively practices in the Burlington Vicinage and is familiar with its judges, prosecutors, and procedures.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Burlington County Firearms Defense Lawyers
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our New Jersey location serves clients across Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Willingboro. We offer 24/7 phone consultations — meetings are by appointment only. If you need an unlawful dealing in firearms lawyer Burlington County, contact us immediately to discuss your defense.
Frequently Asked Questions
What is the difference between unlawful possession and unlawful dealing in firearms in NJ?
It depends. Unlawful possession (N.J.S.A. 2C:39-5) is having a gun without a permit. Unlawful dealing (N.J.S.A. 2C:39-9) involves selling, transferring, or possessing with intent to sell firearms without a license. Dealing charges are more severe, often second-degree crimes with longer prison sentences and Graves Act implications.
Does New Jersey have cash bail for firearms trafficking charges?
No. NJ abolished cash bail in 2017. For serious charges like unlawful dealing in firearms, the prosecutor will likely seek pretrial detention. Your attorney must argue for your release at a detention hearing based on a Public Safety Assessment risk score, not your ability to pay.
Can I get PTI for an unlawful dealing in firearms charge?
It depends. Pre-Trial Intervention (PTI) is generally for first-time offenders. However, prosecutors may oppose PTI for serious firearms offenses. An experienced illegal gun sales defense lawyer Burlington County can advocate for your admission into PTI, which upon successful completion results in dismissal of charges.
What is the Graves Act and how does it affect my case?
The Graves Act (N.J.S.A. 2C:43-6c) mandates minimum periods of parole ineligibility for certain firearms offenses, including unlawful dealing. If it applies, a judge must impose a prison sentence with a mandatory minimum term (e.g., 3 years for a second-degree crime). A skilled attorney will explore all avenues to argue for a Graves Act waiver or downgrade of the charge.
Can I be charged federally and by the state for the same gun sales?
Yes. This is known as dual sovereignty. The federal government and the State of New Jersey can both prosecute you for the same conduct involving illegal firearms sales. Federal penalties are often more severe, with longer mandatory sentences. You need counsel experienced in both state and federal courts.
Internal Resources
For more information, visit our New Jersey Criminal Defense hub page. We also assist clients in nearby counties like Camden County and Gloucester County. If you are facing related charges, consider our Burlington County Federal Criminal Lawyer or Drug Crime Lawyer services.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding unlawful dealing in firearms charges in Burlington County.