Last reviewed . Law current as of October 2026.
Yes, but the prosecutor controls it. For a person with no prior Graves Act conviction, N.J.S.A. 2C:43-6.2 lets the prosecutor move before the assignment judge, who then imposes probation or cuts the mandatory parole-ineligibility term to one year if the full minimum would not serve the interests of justice.
The minimum the waiver replaces
The Graves Act, N.J.S.A. 2C:43-6(c), requires a parole-ineligibility term for covered firearm offenses of one-half of the sentence or 42 months, whichever is greater (18 months for a fourth-degree crime). More: unlawful gun possession and the Graves Act.
How the waiver works
- The defendant has not previously been convicted of an offense under the Graves Act subsection.
- The prosecutor files a motion with the assignment judge saying the mandatory minimum would not serve the interests of justice.
- The assignment judge then places the defendant on probation or reduces the parole-ineligibility term to one year.
- The sentencing judge may also refer a case to the assignment judge, but only with the prosecutor's approval.
Source: N.J.S.A. 2C:43-6.2.
What this means in practice
Because the motion comes from the prosecutor, the facts you can document early (lawful ownership elsewhere, how the gun was carried, your record and history) are the material for asking. We do not promise outcomes.
Frequently asked questions
Can the judge grant a Graves Act waiver without the prosecutor?
Under N.J.S.A. 2C:43-6.2, no. The prosecutor makes the motion, or approves the sentencing judge's referral to the assignment judge.
Is the waiver available after a prior Graves conviction?
Not under 2C:43-6.2, which applies to a defendant not previously convicted of an offense under that subsection.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.