Machine Gun Offense Lawyer New Jersey, NJ
Facing a machine gun offense charge in New Jersey can be overwhelming. New Jersey law treats weapons offenses with dedicated severity, and a conviction can lead to years of imprisonment and a permanent criminal record. Law Offices Of SRIS, P.C. represents clients throughout New Jersey against state and federal machine gun charges, drawing on extensive experience in criminal defense. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys work to develop a strategic defense tailored to the circumstances of each case. If you are under investigation or have been charged, reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Machine Gun Offense Means in New Jersey
New Jersey strictly prohibits the possession, manufacture, transportation, or use of machine guns. Under New Jersey’s criminal code, specifically the weapons offenses in N.J.S.A. Title 2C, the unlawful possession of a machine gun is generally a second-degree crime. A second-degree crime carries a potential sentence of five to ten years in prison and up to $150,000 in fines. The state’s criminal justice system does not treat these charges lightly, and prosecutors often pursue maximum penalties.
Machine gun charges in New Jersey are heard in the Superior Court, Law Division — Criminal Part, in the county where the alleged offense occurred. Whether the matter is venued in Hunterdon County, Somerset County, Morris County, or elsewhere, the process involves an initial appearance, a pretrial detention hearing, and, if the case proceeds, a trial. Because New Jersey abolished cash bail in 2017 under the Criminal Justice Reform Act, pretrial release is determined by a Public Safety Assessment that evaluates flight risk and danger to the community, not the ability to pay. This makes it critical to have experienced counsel at the earliest stage to advocate for release or to challenge the state’s request for detention.
Machine gun offenses may also be prosecuted under federal law. The National Firearms Act, 18 U.S.C. § 922(o), generally prohibits the possession and transfer of machine guns manufactured after May 19, 1986, and violations can result in severe federal penalties. Federal charges are typically filed in the United States District Court for the District of New Jersey, and they carry their own complex procedural and sentencing framework. Our firm’s familiarity with both state and federal courtrooms helps clients navigate whichever jurisdiction is involved.
In our practice, many individuals charged with a machine gun offense have no prior criminal record and may not fully understand the gravity of the allegations. A conviction can impact employment, professional licensing, and firearm rights for life. The firm’s approach is to examine every aspect of the state’s case—from the legality of the search and seizure to the forensic analysis of the weapon—to build the strong $1.
In New Jersey, machine gun possession is typically a second-degree crime, punishable by five to ten years of imprisonment and a fine of up to $150,000.
Source: New Jersey Code of Criminal Justice. New Jersey Legislature
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Machine Gun Cases
When a client retains Law Offices Of SRIS, P.C. for a machine gun offense, the defense team begins with a thorough review of the charging documents, police reports, and any available evidence. Mr. Sris and the firm’s Of Counsel attorneys scrutinize the basis for the initial stop, the validity of any search warrant, and the chain of custody of the alleged weapon. Because machine gun charges often involve technical determinations—such as whether a firearm meets the statutory definition of a machine gun—the firm collaborates with qualified attorneys when helpful to the defense.
In state court, the defense strategy may include challenging the admissibility of evidence through motions to suppress, engaging in plea negotiations to seek a reduced charge, or preparing for trial. The firm has experience advocating for alternatives to incarceration, including pretrial intervention (PTI) for eligible first-time offenders, though eligibility for PTI on a second-degree weapons charge is carefully evaluated. In federal cases, the firm addresses federal sentencing guidelines and explores any mitigating factors that could influence the court’s decision. Throughout the process, clients are kept informed of their options and the potential outcomes.
Mr. Sris and the firm’s Of Counsel attorneys understand that every case is unique. They rely on a detail-oriented approach, not on generalized tactics. The goal is to achieve the trusted resolution possible given the facts, the applicable law, and the client’s priorities.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and has practiced across Virginia, Maryland, the District of Columbia, New Jersey, and New York for over two decades. His background includes substantial criminal trial experience and an understanding of how the prosecution builds its case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys bring extensive combined legal experience. They are independent practitioners who contract directly with Law Offices Of SRIS, P.C., and they contribute to the firm’s criminal defense work in New Jersey. Together, Mr. Sris and the firm’s Of Counsel attorneys have handled matters across multiple practice areas since 1997. Results may vary.
The firm serves clients from its New Jersey location at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724. Consultations are by appointment; reach our firm at (888) 437-7747 to schedule.
Frequently Asked Questions
What is a machine gun offense under New Jersey law?
In New Jersey, a machine gun offense generally involves the unlawful possession, use, or sale of a firearm that shoots more than one shot automatically without manual reloading. New Jersey law prohibits knowing possession of a machine gun. This is classified as a second-degree crime, exposing a person to five to ten years in prison. The definition includes any weapon that can fire multiple rounds by a single function of the trigger. Because of the severity, even first-time offenders may face mandatory parole ineligibility periods. It is critical to have an experienced defense lawyer review the specific facts. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
What are the penalties for a machine gun conviction in New Jersey?
A second-degree crime machine gun conviction carries a prison term of five to ten years and a fine of up to $150,000. Additionally, the No Early Release Act may apply, requiring the person to serve 85% of the sentence before parole eligibility. Other consequences include a permanent criminal record and a federal firearms disability. The court may also impose a period of parole supervision following release. If the offense involves other aggravating factors, such as use during a violent crime, enhanced penalties may apply. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I get bail on a machine gun charge in New Jersey?
New Jersey abolished cash bail in 2017, so release on a machine gun charge depends on a Public Safety Assessment, not on posting money. At a pretrial detention hearing, the court considers the risk of flight, danger to the community, and any prior criminal record. The prosecution may argue for detention without bail, especially on a serious weapon offense. Having an attorney at this early stage is essential to present arguments for release conditions, such as electronic monitoring or reporting requirements. Our firm routinely handles detention hearings and advocates for clients’ pretrial freedom. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What defenses are available against machine gun charges?
Defenses may include challenging the legality of the search and seizure, disputing whether the weapon meets the statutory definition, or asserting a lack of knowing possession. If the firearm was recovered during a stop or a warrant search, the police must have followed constitutional requirements. An experienced defense attorney will examine whether the stop was lawful, whether the warrant was properly supported, and whether any statements by the accused were obtained in violation of Miranda. In some cases, the government’s own testing may show the weapon does not qualify as a machine gun. The firm’s approach is to identify the strongest legal and factual arguments in each unique case.
Do I need a lawyer for a machine gun offense in New Jersey?
Yes, you should have an experienced criminal defense lawyer as soon as you are aware of a machine gun investigation or charge. Machine gun offenses are among the most serious weapon crimes, carrying lengthy prison terms and lasting collateral consequences. An attorney can protect your rights during questioning, challenge the evidence, and negotiate with prosecutors. Without legal representation, you may inadvertently waive important rights or make statements that harm your defense. Law Offices Of SRIS, P.C. offers consultations to discuss your situation. Reach our firm at (888) 437-7747 to speak with a member of our team.
Outbound primary-source authority references:
New Jersey Code of Criminal Justice (N.J.S.A. Title 2C) | New Jersey Superior Court
Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Case results depend on a variety of factors unique to each case. Results may vary.