Assault Weapon Possession Lawyer in Jersey City & Hudson County

Reviewed by William A. Proetta, Esq. · Updated November 2026

Possessing an assault firearm in New Jersey is a second-degree crime under N.J.S.A. 2C:39-5(f), carrying five to ten years in prison and a fine of up to $150,000. It is a Graves Act offense, so a conviction brings a mandatory parole bar of at least 42 months or one-half of the sentence, whichever is greater, unless the escape valve is used. Cases from Jersey City are prosecuted in the Hudson County Superior Court at the Frank J. Guarini Justice Complex near Journal Square. William Proetta Criminal Law defends gun owners and travelers charged with assault firearm possession from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.

How New Jersey Defines an Assault Firearm

The definition in N.J.S.A. 2C:39-1(w) works in layers. It starts with a list of named models, including AR-15 and AK types. It then reaches any firearm that is substantially identical to a listed model, which is often where the real dispute lies. It also covers certain semi-automatic shotguns, such as those holding more than six rounds or having a pistol grip or folding stock. To convict, the State must prove that the specific firearm fits one of those categories, that you knowingly possessed it, and that no exception applies. Whether a rifle is substantially identical can call for expert analysis of its features rather than a label on a property report.

Licensed, Registered and Inoperable Firearms

The statute does not apply to a firearm possessed under a license issued under N.J.S.A. 2C:58-5, to a firearm properly registered under 2C:58-12, or to one rendered inoperable under 2C:58-13. Those exceptions can be decisive, so we look for registration paperwork, licensing records and documentation of any work done to disable the firearm. In July 2026, the full Third Circuit held New Jersey’s ban on semi-automatic assault rifles and its 10-round magazine limit unconstitutional, but it put that ruling on hold while New Jersey seeks Supreme Court review, so both laws are still enforced. New Jersey state courts are not bound by that decision, but it gives the defense a significant constitutional argument.

Graves Act Sentencing and the Escape Valve

Because 2C:39-5(f) is a Graves offense, and the firearm is itself an element established by the verdict or plea, a conviction requires a parole bar equal to the greater of one-half of the sentence or 42 months. The ordinary second-degree range is five to ten years, with a presumption of imprisonment. A second firearm conviction can trigger a mandatory extended term. For a defendant with no prior Graves Act conviction, the escape valve in N.J.S.A. 2C:43-6.2 allows the assignment judge, on the prosecutor’s motion, to impose probation or reduce the parole bar to one year; the sentencing judge may also refer the case with the prosecutor’s approval. On a second-degree charge, the presumption of imprisonment still guides the choice between probation and the one-year term. Attorney General guidance contemplates standardized plea offers that can include such a motion unless an exception applies. In State v. Taylor, 261 N.J. 440 (2025), the Supreme Court held that a prosecutor’s refusal is reviewed for an ordinary abuse of discretion, though the defendant’s burden is still heavy.

PTI and the Prior-Conviction Upgrade

A second-degree Graves charge requires the prosecutor’s consent before Pretrial Intervention can be considered, under R. 3:28-1(d)(1). That makes the early presentation of mitigating facts, such as lawful ownership in another state or a clean record, especially important. On the other end, if the person has a prior conviction for an offense on the No Early Release Act list, 2C:39-5(j) raises the charge to first degree. The Supreme Court held in State v. Cromedy, 261 N.J. 421 (2025), that (j) is a separate offense outside the Graves Act. A judge can still impose a discretionary parole bar under 2C:43-6(b).

Travelers and Out-of-State Owners

A rifle that is legal to own in Pennsylvania, New York or elsewhere can still be an assault firearm under New Jersey’s definition. Travelers passing through the state with such a rifle can be charged, sometimes after a routine traffic stop, even when they had no plan to stay. Federal transport protections may be raised in some cases, but they are narrow and depend on how the firearm was stored and the route and purpose of the trip. Ownership records from home, proof of the travel plan and how the rifle was packed all become important in seeking a dismissal or a non-custodial result. See our page on out-of-state gun owners charged in Hudson County.

Assault Firearm Cases in Hudson County

Hudson County sits on major travel routes, and Jersey City and Bayonne can see assault firearm charges arise from stops near the Holland Tunnel approaches or the Turnpike extension involving drivers heading to or from other states. Other cases start inside a home in Union City, Hoboken or Kearny, when police respond to a domestic violence call or execute a search warrant and find a rifle along with magazines. In each situation, the indictment and trial take place in the Superior Court in Jersey City. See our Jersey City gun charges page and our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.

Arrest and Pretrial Release

An assault firearm arrest is typically processed on a complaint-warrant, and the person may be held at the Hudson County Correctional Facility in Kearny pending a release decision. An initial release decision is due within 48 hours, unless the prosecutor moves for detention, in which case the hearing generally follows within a few business days. Prosecutors may file a detention motion, particularly where other charges or a record are present, while an out-of-state owner with no record has strong arguments for release. See our pretrial release and detention guide and our page on Central Judicial Processing in Hudson County.

Immigration Consequences

A rifle or shotgun meeting the assault firearm definition will usually also meet the federal firearm definition, so a conviction under 2C:39-5(f) carries real risk under the firearms deportation ground in 8 U.S.C. 1227(a)(2)(C). Any plea discussion for a noncitizen should look at whether a non-firearm count or a different factual basis is possible. We review the immigration side before any plea; see our immigration consequences and immigration-safe plea strategy pages.

Defenses to an Assault Firearm Charge

• Not on the list. The firearm may not be a listed model, and a substantially identical claim can be tested with expert analysis of its features.
• Exceptions. A license, a valid registration or proof that the firearm was rendered inoperable defeats the charge.
• Possession. A rifle in a shared residence or someone else’s vehicle does not prove that you knew of it and controlled it.
• Search and seizure. Traffic stops and home entries must be justified, and the evidence can be suppressed if they were not.
• Mitigation. Lawful ownership at home and a clean record support PTI, an escape-valve motion or a downgrade.

Talk to a Jersey City Assault Firearm Defense Lawyer

With a 42-month mandatory minimum at stake, the definition, the exceptions and the escape valve all need attention from the first day. Call our Jersey City office at (201) 793-8018 for a free, confidential case review, 24/7. Se habla español.