Felon in Possession Lawyer New Jersey — Defending Prohibited Persons
Being a felon in possession of a firearm in New Jersey is a second-degree crime under N.J.S.A. 2C:39-7(b)(1), punishable by 5 to 10 years in state prison with a presumption of imprisonment. As a prohibited person gun charge lawyer New Jersey, Law Offices Of SRIS, P.C. provides a strong defense against these severe penalties.
New Jersey Law on Felons Possessing Firearms
New Jersey strictly prohibits individuals with certain criminal convictions from possessing any firearm. The primary statute is N.J.S.A. 2C:39-7, commonly known as the “Certain Persons Not to Have Weapons” law. This law makes it a crime for anyone who has been convicted of certain serious offenses to possess, purchase, own, or control any firearm.
Last verified: April 2026 | Superior Court of NJ | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the gravity of these charges. A conviction is not just a new felony; it can lead to a lengthy mandatory prison term and further complicate your future.
Official Legal Resources
- N.J.S.A. 2C:39-7 (official New Jersey Legislature site)
- New Jersey Courts Firearms Application Instructions
Defense Strategies for a Prohibited Person Gun Charge
The key local procedural fact in New Jersey is that these cases are heard in Superior Court, not Municipal Court, due to their indictable (felony-equivalent) nature. The state must prove you knowingly possessed a firearm and that you have a disqualifying conviction. Defenses often challenge the legality of the search that found the weapon, whether you had actual or constructive possession, or the validity of the prior conviction used to disqualify you.
- Immediate Case Review: Contact our firm for a 24/7 consultation to discuss the arrest details and your prior record.
- Evidence Challenge: We file motions to suppress evidence obtained from illegal searches or seizures.
- Pre-Indictment Negotiation: We engage with the prosecutor to present mitigating factors and seek a favorable plea or diversion, such as PTI if eligible.
- Trial Preparation: If necessary, we prepare a vigorous trial defense focusing on possession, knowledge, and the status of your prior conviction.
- Sentencing Advocacy: Should a conviction occur, we advocate for the minimum sentence and present reasons to overcome the presumption of imprisonment.
Penalties for Felon in Possession in New Jersey
In New Jersey, being a felon in possession of a firearm is a second-degree crime carrying a mandatory period of parole ineligibility and a presumption of state prison.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession of a Firearm (N.J.S.A. 2C:39-7(b)) | Second-Degree Crime | 5 to 10 years in state prison. Presumption of imprisonment. Mandatory 5-year parole ineligibility if prior conviction is for certain serious crimes. | Up to $150,000 | Permanent felony record, loss of voting rights while incarcerated, extreme difficulty obtaining employment/housing, federal firearms ban. |
| Felon in Possession of Other Weapons (e.g., stun gun) | Third-Degree Crime | 3 to 5 years in state prison. | Up to $15,000 | Same long-term collateral consequences as a felony conviction. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to each case. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We have a documented record of 4,739+ case results firm-wide. We focus on building a defense that addresses the specific facts of your case and your long-term future.
Case Results and Client Outcomes
Our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes. While every case is unique, our team works to achieve the best possible result, from dismissal to charge reduction. For a felon with firearm defense lawyer New Jersey relies on, our strategic approach is key.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Jersey Felon in Possession Lawyer
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. 24/7 phone consultations.
Our New Jersey location serves clients across all 21 counties, including Hunterdon, Somerset, Morris, Bergen, and Monmouth. We represent individuals at Superior Courts statewide.
Frequently Asked Questions: Felon in Possession Charges in NJ
What makes someone a “prohibited person” in New Jersey?
Yes. Under N.J.S.A. 2C:39-7, prohibited persons include those convicted of any crime, any disorderly persons domestic violence offense, or who are subject to a restraining order. This status makes it illegal to possess any firearm, skilled to a severe second-degree charge if violated.
Can I get Pre-Trial Intervention (PTI) for a felon in possession charge?
It depends. PTI is generally for first-time indictable offenders. However, a felon in possession charge involves a prior conviction, which complicates eligibility. A skilled prohibited person gun charge lawyer New Jersey can argue for PTI based on the age and nature of the prior offense and other mitigating factors, but admission is discretionary.
What is the difference between actual and constructive possession?
Actual possession means the firearm is on your person. Constructive possession means you have knowledge of and control over the firearm, even if it’s in a shared space like a car or home. The state often uses constructive possession theories, which a strong defense can challenge by showing lack of knowledge or control.
Does New Jersey’s bail reform apply to felon in possession charges?
Yes. New Jersey’s 2017 bail reform means release decisions are based on a Public Safety Assessment (PSA) score, not money. For a second-degree crime like felon in possession, the PSA may recommend conditions or detention based on flight risk and danger. Your attorney can argue for your release with conditions.
What should I do if I’m charged as a felon in possession?
Do not speak to law enforcement without an attorney. Immediately contact a felon in possession lawyer New Jersey. We will secure your release, investigate the arrest, and begin building your defense by challenging the search, the possession claim, and the use of your prior record.
Related Legal Services in New Jersey
If you are facing related charges, our firm also provides defense for: New Jersey Criminal Defense, Federal Firearms Charges, and Expungement to clear your record after the required waiting period.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.