Graves Act

Defending gun charges properly in the State of New Jersey requires an intense understanding of the law and the sentencing issues that clients are facing. The most important sentencing provision to understand is the Graves Act. We at The Moriarty Law Firm have been defending gun charges successfully throughout New Jersey for decades. We have built a reputation on knowing the law and achieving results for clients facing gun and weapon charges in all counties in New Jersey. Part of that comes from out deep understanding of the Graves Act.

If you are facing gun charges, you can speak with a lawyer at our firm 24 hours a day by calling (732) 842-7773. You can also contact us by e-mail. We look forward to helping you beat your gun charges.

New Jersey Gun Laws: The Graves Act

New Jersey has some of the most strict gun possession laws in the country. The Graves Act, N.J.S.A. 2C:43-6, is the main firearm and gun possession statute in New Jersey. The Graves Act provides for certain enhanced penalties, mandatory incarceration, and periods of parole ineligibility depending on the offense committed and the defendant’s prior record. The ability to plea bargain around these mandatory penalties is extremely limited. Providing a rigorous defense and often going to trial on these matters is the only option for our clients.

The Graves Act 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

If you are facing charges related to the illegal possession of a weapon or firearm, you can call our offices 24 hours a day to speak with an attorney. Call (732) 842-7773 or contact us by e-mail to schedule a free initial consultation.