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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

New Jersey Gun Laws: The Graves Act

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