Unlawful Dealing in Firearms Lawyer Somerset County — What Are Your Defense Options?
Unlawful dealing in firearms in Somerset County is a serious indictable crime under N.J.S.A. 2C:39-9, prosecuted in the Superior Court of NJ, Somerset Vicinage. Charges can range from a third-degree to a second-degree crime, carrying 3-10 years in state prison. As an unlawful dealing in firearms lawyer Somerset County, Law Offices Of SRIS, P.C.
New Jersey Law on Unlawful Dealing in Firearms
The primary statute governing unlawful dealing in firearms in New Jersey is N.J.S.A. 2C:39-9. This law 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 statute covers a range of prohibited activities, including selling to a person under 18, selling a defaced firearm, or selling while being prohibited from possessing a firearm oneself. The severity of the charge depends on the specific circumstances, such as the type of firearm and the number of weapons involved.
Last verified: March 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of the state’s technical firearms laws. We approach each case with the precision required for charges that carry significant prison time and lifelong consequences.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:39-9 (official New Jersey Legislature site). All prosecutions for unlawful dealing in firearms in Somerset County are handled by the Superior Court of NJ, Somerset Vicinage located at 20 North Bridge Street, Somerville.
Defending Unlawful Dealing & Firearms Trafficking Charges in Somerset County
Defending against charges of illegal gun sales requires a strategy that challenges the prosecution’s evidence at every turn. In Somerset County, prosecutors in the Superior Court take these cases seriously, often relying on undercover operations and electronic surveillance. A common defense involves attacking the element of knowledge—arguing the defendant was unaware of the illegal nature of the transaction or did not possess the requisite intent to sell. Another line of defense may involve challenging the legality of a search or seizure that uncovered the evidence.
- Immediate Case Assessment: Contact our firm as early as possible after arrest or upon learning of an investigation. We will secure all police reports, warrants, and discovery to evaluate the strength of the state’s case.
- Investigation & Motion Filing: Our team investigates the circumstances of the arrest, including the validity of any search warrants. We file pre-trial motions to suppress illegally obtained evidence.
- Strategic Negotiation: We engage with the Somerset County Prosecutor’s Office to explore alternatives to indictment, such as PTI for eligible first-time offenders, or negotiate a reduction in the degree of the charge.
- Trial Preparation: If a favorable disposition cannot be reached, we prepare a vigorous trial defense, challenging witness credibility, forensic evidence, and the prosecution’s ability to prove every element beyond a reasonable doubt.
Potential Penalties for Unlawful Dealing in Firearms in NJ
In Somerset County, unlawful dealing in firearms carries severe penalties, including mandatory periods of parole ineligibility for certain offenses and lengthy state prison sentences.
| Offense Level (Degree) | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Sale of 1 Firearm (N.J.S.A. 2C:39-9(b)) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Permanent forfeiture of firearm ownership rights | Mandatory Graves Act sentencing (parole ineligibility) may apply |
| Unlawful Sale of Multiple Firearms / Trafficking (N.J.S.A. 2C:39-9(j)) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Permanent forfeiture of firearm ownership rights | Presumption of imprisonment; Graves Act parole ineligibility |
| Sale to Minor / Defaced Firearm (N.J.S.A. 2C:39-9(d)) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Permanent forfeiture of firearm ownership rights | Graves Act applies; enhanced penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearms Case
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands the tactics used by the state to build a case. This insider perspective is invaluable when constructing a defense against complex charges like unlawful dealing in firearms. We have a documented record of achieving favorable outcomes for our clients through negotiation, motion practice, and trial advocacy.
Our Approach to Firearms Defense Cases
Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes. While we cannot aim for any specific result, our methodical approach focuses on the details that matter. For unlawful dealing charges, this means scrutinizing the chain of custody of the alleged firearms, the methods used by law enforcement, and the specific intent required by the statute. We work collaboratively, with Mr. Sris providing strategic oversight on every significant firearms case.
Results may vary. Prior results do not guarantee a similar outcome.
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) 334-7465
By appointment only.
Our New Jersey location serves clients throughout Somerset County, including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. We are accessible via I-287, Route 22, and Route 206. If you need an unlawful dealing in firearms lawyer Somerset County or a firearms trafficking lawyer Somerset County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions
What is considered “unlawful dealing” in firearms in New Jersey?
It depends. Generally, it involves selling, transferring, or possessing with intent to sell a firearm without being a licensed dealer. Specific prohibitions include selling to a minor, selling a defaced gun, or selling while oneself is prohibited from owning a gun. The exact charge under N.J.S.A. 2C:39-9 depends on the circumstances.
Is unlawful dealing in firearms a federal or state crime?
It can be both. New Jersey has its own strict laws (state crime), but the same conduct may also violate federal laws like the Gun Control Act. You could face charges in both Superior Court of NJ, Somerset Vicinage and U.S. District Court for the District of New Jersey.
What are the defenses to unlawful dealing charges?
Common defenses include lack of knowledge or intent to sell, entrapment by law enforcement, unlawful search and seizure violating the Fourth Amendment, and challenging the authenticity or chain of custody of the alleged firearm. An experienced illegal gun sales defense lawyer Somerset County can identify the best defense for your case.
Does New Jersey have a “gun trafficking” law?
Yes. N.J.S.A. 2C:39-9(j) specifically addresses firearms trafficking, making it a second-degree crime to transport, transfer, or dispose of multiple firearms with knowledge that they are intended for illegal sale or transfer. This carries 5-10 years in prison.
Can I get PTI for an unlawful dealing charge?
It depends. PTI (Pre-Trial Intervention) is generally available for first-time offenders charged with third or fourth-degree crimes. However, prosecutors may oppose PTI for second-degree unlawful dealing charges. Early retention of a skilled unlawful dealing in firearms lawyer Somerset County is important to advocate for PTI eligibility.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6(c)) mandates minimum periods of parole ineligibility for certain firearms offenses, including some forms of unlawful dealing. If it applies, a judge must impose a prison sentence with a mandatory minimum term (e.g., 3.5 years) before parole eligibility.
For more information on related legal issues, see our pages on New Jersey Criminal Defense, or learn about defense in neighboring areas like Hunterdon County and Morris County. For other legal needs in Somerset County, consider our DUI defense or immigration law services.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If you want to see how a Somerset County case fits into the wider process, our page on unlawful dealing in firearms lawyer New Jersey covers it from start to finish.
Your case in Somerset County, New Jersey
Federal charges are heard in the U.S. District Court for the District of New Jersey (Newark, Trenton and Camden), not in county court; related state charges are heard in the Criminal Part of the Law Division. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Title 18 of the United States Code and the Federal Rules of Criminal Procedure. Law Offices Of SRIS, P.C. handles Somerset 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: Somerset County NJ lawyers directory · Unlawful Dealing in Firearms Lawyer Bergen County, NJ · Unlawful Dealing in Firearms Lawyer Hudson County, NJ · Unlawful Dealing in Firearms Lawyer Monmouth County, NJ.