Last reviewed . Law current as of October 2026.
Under N.J.S.A. 2C:39-5, possessing a handgun in New Jersey without a permit to carry is generally a second-degree crime, and possessing a rifle or shotgun without a firearms purchaser identification card is generally a third-degree crime. Many firearm offenses fall under the Graves Act (N.J.S.A. 2C:43-6(c)), which requires a minimum period of parole ineligibility.
Common weapons charges
- Unlawful possession of a handgun, rifle, shotgun, or other weapon (N.J.S.A. 2C:39-5)
- Possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4)
- Prohibited weapons and devices, such as certain ammunition and large-capacity magazines (N.J.S.A. 2C:39-3)
- Certain persons not to have weapons, which applies to people with specific prior convictions (N.J.S.A. 2C:39-7)
- Knives and other weapons possessed under circumstances not manifestly appropriate for a lawful use (N.J.S.A. 2C:39-5(d))
The Graves Act
For covered firearm offenses, the Graves Act requires a minimum term of parole ineligibility, generally one-half of the sentence or 42 months, whichever is greater (18 months for a fourth-degree crime). 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 may then impose probation or cut the parole-ineligibility term to one year if the mandatory minimum would not serve the interests of justice. The sentencing judge can also refer a case to the assignment judge, but only with the prosecutor's approval. Whether this is possible depends on the facts and the prosecutor's office.
What a weapons defense looks at
- Whether the stop, frisk, or search that found the weapon was lawful
- Whether the State can prove you knowingly possessed it, especially in a shared car or home
- Your permits, licenses, and any out-of-state ownership
- Whether the item meets the legal definition of the weapon charged
- Whether a Graves Act waiver, downgrade, or PTI is available
Frequently asked questions
Is carrying a handgun without a permit a crime in New Jersey?
Yes. Under N.J.S.A. 2C:39-5(b), possessing a handgun without a permit to carry is generally a second-degree crime, and the Graves Act's mandatory minimum parole ineligibility generally applies.
What is the Graves Act?
The Graves Act (N.J.S.A. 2C:43-6(c)) sets a mandatory minimum period of parole ineligibility for many firearm offenses, generally one-half of the sentence or 42 months, whichever is greater, or 18 months for a fourth-degree crime.
I legally own a gun in another state. Does that matter in New Jersey?
It can. Out-of-state ownership does not by itself make possession in New Jersey legal, but it can be part of the facts a prosecutor weighs. For a first Graves Act offense, N.J.S.A. 2C:43-6.2 lets the prosecutor ask the assignment judge for probation or a one-year parole-ineligibility term.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
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.