Last reviewed . Law current as of October 2026.
Under N.J.S.A. 2C:39-5, knowingly possessing a handgun without a carry permit is a second-degree crime. The Graves Act, N.J.S.A. 2C:43-6(c), then requires prison with parole ineligibility of one-half of the sentence or 42 months, whichever is greater. For a first Graves offense, N.J.S.A. 2C:43-6.2 lets the prosecutor move for probation or a one-year minimum instead.
Key takeaways
- Knowingly possessing a handgun without a carry permit is a second-degree crime.
- The Graves Act requires parole ineligibility of one-half the sentence or 42 months, whichever is greater (18 months for fourth degree).
- For a first Graves offense, the prosecutor may move for probation or a one-year minimum under N.J.S.A. 2C:43-6.2.
What are Graves Act gun charges, and how are they graded?
| Subsection | Conduct | Grade |
|---|---|---|
| (a) | Machine gun without a license | Second degree |
| (b)(1) | Handgun (including an antique handgun) without a permit to carry | Second degree |
| (b)(2) | Air gun, spring gun or similar handgun firing a projectile under 3/8 inch with force to injure | Third degree |
| (c)(1) | Rifle or shotgun without a firearms purchaser identification card | Third degree |
| (c)(2) | Loaded rifle or shotgun, unless otherwise permitted by law | Third degree |
| (d) | Any other weapon under circumstances not manifestly appropriate for a lawful use | Fourth degree |
| (e)(1) | Firearm on school, college or university grounds without written authorization | Third degree |
| (f) | Assault firearm, unless licensed, registered or rendered inoperable | Second degree |
| (j) | Violation of (a), (b), (c) or (f) by someone with a prior conviction for a crime listed in 2C:43-7.2(d) | First degree |
What does the Graves Act require at sentencing?
Subsection (c) of N.J.S.A. 2C:43-6 applies to convictions under 2C:39-5(a), (b), (c) and (f), among other firearm and violent offenses. The court must impose prison, with a minimum term of one-half of the sentence or 42 months, whichever is greater, during which there is no parole. For a fourth-degree crime the minimum is 18 months.
Before the court can impose the Graves Act minimum, the prosecutor must prove at a hearing, by a preponderance of the evidence, that the weapon was a firearm. The statute excludes air-gun type handguns under (b)(2), air-gun type rifles under (c)(2), and possession of a rifle or shotgun without an FPIC under (c)(1).
Is there a Graves Act waiver?
For a defendant with no prior Graves Act conviction, the prosecutor may move before the assignment judge, arguing the mandatory minimum does not serve the interests of justice. If granted, the assignment judge places the defendant on probation or reduces the parole ineligibility to one year. The sentencing judge can also refer a case to the assignment judge, but only with the prosecutor's approval. In practice, the defense has to persuade the prosecutor.
What other gun rules can apply?
- Convictions under 2C:39-5(a), (b), (f) or (j) bar intensive supervision, except for air-gun type handguns (2C:39-5(h))
- If the court finds aggravating factor 5 (organized criminal activity), a conviction under (a), (b) or (f) carries a fixed five-year parole ineligibility term (2C:39-5(i))
- A second firearm offense can require an extended term under 2C:43-6(c)
- Machine guns or assault firearms used during certain crimes trigger separate minimums under 2C:43-6(g)
How is an unlawful gun possession charge defended?
- Knowing possession: whether the State can prove you knew the weapon was there, especially in a shared car or home
- The stop and search: whether police had a lawful basis, and whether evidence should be suppressed
- Operability and whether the item meets the legal definition of a firearm
- Permits, cards and exemptions that may apply
- Early negotiation over a Graves Act waiver
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
Frequently asked questions
What is the Graves Act minimum for a handgun possession charge?
For a second-degree conviction under 2C:39-5(b)(1), the parole ineligibility term is one-half of the sentence or 42 months, whichever is greater.
Can a Graves Act sentence be reduced?
For a first Graves Act offense, the prosecutor can move under 2C:43-6.2 for probation or a one-year minimum. The judge cannot grant this without the prosecutor's motion or approval.
Does the Graves Act apply to a rifle without an FPIC?
No. The statute excludes possession of a rifle or shotgun without a firearms purchaser identification card under 2C:39-5(c)(1) from the Graves Act mandatory sentence.
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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.