New Jersey has some of the strictest weapons laws in the country, and many of the people charged under them did not set out to break the law. A Pennsylvania resident drives through with a legally owned handgun in the glove box. A worker keeps a knife in the car for a job site. At The Law Offices of Anthony Carbone, we see these cases regularly in Hudson County, alongside more serious allegations. The weapons charges below come up most often in New Jersey, along with the penalties they carry and the ways they are commonly defended.
What is the most common gun charge in New Jersey?
The most common gun charge in New Jersey is unlawful possession of a handgun under N.J.S.A. 2C:39-5(b). It applies to anyone who carries a handgun without a valid New Jersey permit to carry. It is a second-degree crime, which carries a sentencing range of 5 to 10 years.
This charge also falls under the Graves Act, New Jersey’s mandatory minimum law for firearms offenses, found at N.J.S.A. 2C:43-6(c). For a conviction, the court must impose a period of parole ineligibility, meaning time that has to be served before parole is possible, equal to half the sentence or 42 months, whichever is greater. Even the lowest sentence available for a second-degree conviction means at least three and a half years in state prison before parole.
A permit from another state does not count in New Jersey, which is how many visitors end up facing this charge.
Can you avoid the Graves Act mandatory minimum?
Sometimes. Under N.J.S.A. 2C:43-6.2, often called the Graves Act escape valve, a prosecutor can ask the court to reduce the mandatory minimum to one year of parole ineligibility, or to probation, when the full penalty would not serve the interests of justice. The judge can grant that relief only if the prosecutor agrees, so how your lawyer presents your case to the prosecutor matters a great deal.
The New Jersey Attorney General’s Graves Act Directive, clarified in 2014, tells prosecutors to consider probation or Pretrial Intervention (PTI) for out-of-state residents who legally owned the gun at home and reasonably believed they could carry it here. PTI is a diversion program. A person who completes it has the charge dismissed and avoids a conviction.
What other weapons charges come up often in New Jersey?
Several other offenses under Chapter 39 of the New Jersey Criminal Code show up regularly, and they vary a great deal in seriousness.
| Charge | Statute | Degree |
| Possession of a weapon by a person barred by a prior conviction (“certain persons”) | N.J.S.A. 2C:39-7(b) | Second degree, with a 5-year mandatory minimum |
| Possession of a firearm for an unlawful purpose | N.J.S.A. 2C:39-4(a) | Second degree |
| Possession of an assault firearm | N.J.S.A. 2C:39-5(f) | Second degree |
| Unlawful possession of a rifle or shotgun | N.J.S.A. 2C:39-5(c) | Third degree |
| Possession of a knife or other weapon in circumstances not appropriate for lawful use | N.J.S.A. 2C:39-5(d) | Fourth degree |
| Hollow-point ammunition outside the home or permitted uses | N.J.S.A. 2C:39-3(f) | Fourth degree |
| Magazine holding more than 10 rounds | N.J.S.A. 2C:39-3(j) | Fourth degree |
A fourth-degree charge carries up to 18 months. It does not trigger the Graves Act and is often a good candidate for PTI.
Can you be charged even if you have a New Jersey carry permit?
Yes. Chapter 131, the carry law New Jersey passed in December 2022, lists about 25 categories of “sensitive places” where permit holders generally cannot carry, including schools, parks, bars, and health care facilities. The full Third Circuit Court of Appeals is reviewing that law, so which places remain off limits may change. Permit holders should check the current rules before carrying anywhere other than home and work.
How are weapons charges defended?
Many weapons cases depend on how the police found the weapon. If a car stop, a frisk, or a home search violated the Fourth Amendment or Article I, Paragraph 7 of the New Jersey Constitution, which often gives stronger protection, a motion to suppress can keep the weapon out of evidence entirely. Without the weapon, the case often cannot go forward.
Possession is another common battleground. When a gun is found in a shared car or apartment, the State has to prove constructive possession. That means showing you knew the weapon was there and intended to control it. Being near a weapon is not enough.
How can The Law Offices of Anthony Carbone help with a weapons charge?
We review how the weapon was found, whether the search holds up, and whether you qualify for a Graves Act waiver or PTI. Then we present your situation to the prosecutor before positions harden.
A weapons charge in New Jersey can carry mandatory prison time, but many cases have more room for a good outcome than people expect. If you or someone in your family has been charged, contact The Law Offices of Anthony Carbone for a confidential consultation.