In New Jersey, we have some of the most strict gun laws in the nation. In particular, the Graves Act, N.J.S.A. 2C:43-6, requires mandatory jail time and periods of parole ineligibility for certain gun offenses as well as for certain other offenses, which were committed while in possession of a firearm. As a result, it is difficult to plea bargain many of these cases. This leads to more trials like the recent gun trial in Middlesex County in which we obtained a not guilty verdict from the jury.
Specifically, the Graves Act in New Jersey provides for mandatory imprisonment and parole ineligibility for certain crimes including:
- Sawed Off Shotgun Possession – N.J.S.A. 2C:39-3(b)
- Possession of a Defaced Firearm – N.J.S.A. 2C:39-3(d)
- Possession of a Firearm for an Unlawful Purpose – N.J.S.A. 2C:39-4(a)
- Unlawful Possession of a Machine Gun – N.J.S.A. 2C:39-5(a)
- Unlawful Possession of a Handgun – N.J.S.A. 2C:39-5(b)
- Unlawful Possession of a Rifle or Shotgun – N.J.S.A. 2C:39-5(c)
- Certain Persons Not to Have Weapons – N.J.S.A. 2C:39-7
- Manufacture, Transport of a Machine Gun – N.J.S.A. 2C:39-9(a)
- Manufacture, Transport of a Sawed Off Shotgun – N.J.S.A. 2C:39-9(b)
- Manufacture, Transport of Defaced Firearms – N.J.S.A. 2C:39-9(e)
- Manufacture, Transport of Assault Firearms – N.J.S.A. 2C:39-9(g)
Further, if the Defendant is accused of committing or attempting to commit any of the following offenses while using or in possession of a firearm, the Graves Act requires mandatory prison time and parole ineligibility:
- Homicide – N.J.S.A. 2C:11-3
- Manslaughter – N.J.S.A. 2C:11-4
- Aggravated Assault – N.J.S.A. 2C:12-1(b)
- Kidnapping – N.J.S.A. 2C:13-1
- Sexual Assault – N.J.S.A. 2C:14-2(a)
- Aggravated Sexual Contact – N.J.S.A. 2C:14-3(a)
- Robbery – N.J.S.A. 2C:15-1
- Burglary – N.J.S.A. 2C:18-2
- Escape – N.J.S.A. 2C:29-5
