The only exception is for air guns, spring guns, and similar devices that propel projectiles smaller than three-eighths of an inch, which are charged as crimes of the third degree.

Unlawful Possession of Rifles and Shotguns - Crime of the Third Degree

Possessing a rifle or shotgun without a valid Firearms Purchaser Identification Card (FPIC) is a crime of the third degree under N.J.S.A. 2C:39-5c.

Penalties for Unlawful Possession of Rifles or Shotguns - Crime of the Third Degree:

Prison sentence: 3 to 5 years in state prison

Fines: Up to $15,000

Graves Act provisions: May apply

While third-degree crimes typically carry a presumption of non-incarceration for first-time offenders, this presumption does not apply when the Graves Act is involved. Prosecutors routinely seek prison time even for first offenders on rifle and shotgun charges.

Possession of Loaded Rifles or Shotguns

Possessing a loaded rifle or shotgun in certain locations is a crime of the third degree. Exceptions exist for:

• Your home or place of business
• Licensed shooting ranges
• While lawfully hunting with proper licenses
• Other specifically authorized locations

Possessing loaded long guns outside these permitted areas can result in third-degree charges.

Unlawful Possession of Machine Guns and Assault Firearms - Crime of the Second Degree

Possessing a machine gun or assault firearm without proper licensing is a crime of the second degree carrying 5 to 10 years in prison and fines up to $150,000. The Graves Act mandatory minimum of 42 months applies, and there is a presumption of incarceration.

Certain Weapons and Dangerous Instruments - Crime of the Fourth Degree

New Jersey law also prohibits possession of various other weapons under circumstances not manifestly appropriate for lawful use under N.J.S.A. 2C:39-5d.

What this covers: Items that have legitimate uses but can be weaponized when possessed under inappropriate circumstances:

• Certain knives (context-dependent)
• Brass knuckles
• Blackjacks and similar striking instruments
• Ballistic knives (knives with detachable blades propelled by spring mechanisms)
• Other dangerous instruments

Important update on knife law: Following State v. Lee (2019) and subsequent legal changes, switchblades and gravity knives are no longer automatically illegal to possess. They can only be charged if:

• Possessed with purpose to use unlawfully against another (N.J.S.A. 2C:39-4)
• Possessed under circumstances not manifestly appropriate for lawful use

The State must prove the circumstances of possession were not appropriate for any lawful use. Simply possessing these knives does not automatically constitute a fourth-degree crime.

Penalties for Crime of the Fourth Degree:

Prison sentence: Up to 18 months in state prison

Fines: Up to $10,000

Probation possible: Fourth-degree crimes often result in probation for first-time offenders

Certain Persons Not to Have Weapons - N.J.S.A. 2C:39-7

Even weapons that are otherwise legal cannot be possessed by certain prohibited individuals.

Who Cannot Possess Any Weapons in New Jersey

Persons convicted of specified crimes including:

• Aggravated assault
• Arson
• Burglary
• Escape
• Extortion
• Homicide offenses
• Kidnapping
• Robbery
• Aggravated sexual assault and sexual assault
• Bias intimidation
• Endangering the welfare of a child
• Domestic violence crimes enumerated in the statute
• And numerous other specified offenses

Persons subject to domestic violence restraining orders: Anyone subject to a final restraining order under the Prevention of Domestic Violence Act

Persons involuntarily committed: Those committed to mental institutions or under court order for mental health treatment

Persons convicted of certain domestic violence offenses: Specific domestic violence crimes create permanent weapons prohibition

Penalties for Certain Persons Violations

Firearms possession: Crime of the second degree (5-10 years in state prison, Graves Act mandatory minimum applies)

Other weapons possession: Crime of the fourth degree (up to 18 months in state prison)

These charges frequently surprise people who don't realize their prior convictions or restraining orders prohibit all weapons possession, including knives and other non-firearm weapons.

Possession of a Weapon for an Unlawful Purpose

Possession of a weapon for an unlawful purpose is a separate and distinct charge from unlawful possession under N.J.S.A. 2C:39-4. While unlawful possession focuses on whether you had the required permits, possession of a weapon for an unlawful purpose focuses on your intent. This charge applies when you possess a weapon with the purpose of using it illegally against another person or their property.

The Key Distinction: Intent

You could legally own a firearm and still face charges for possession of a weapon for an unlawful purpose if you possessed or displayed it with the intent to threaten, harm, or intimidate someone. This charge frequently arises in:

• Domestic violence situations
• Road rage incidents
• Confrontations where weapons are brandished or threatened
• Bar fights or assaults involving weapons
• Threats made while armed

Penalties for Possession of a Weapon for an Unlawful Purpose

Possession of a Firearm for an Unlawful Purpose - Crime of the Second Degree: If the weapon is a firearm (handgun, rifle, shotgun, machine gun), penalties include 5 to 10 years in prison, fines up to $150,000, and the Graves Act mandatory minimum of 42 months without parole eligibility.

Possession of Explosives or Destructive Devices for Unlawful Purpose - Crime of the Second Degree: Possessing explosives or destructive devices with unlawful intent carries second-degree penalties.

Possession of Other Weapons for Unlawful Purpose - Crime of the Third Degree: If the weapon is something other than a firearm, such as a knife, baseball bat, or other object capable of causing serious harm, the charge is a crime of the third degree carrying 3 to 5 years in prison and fines up to $15,000.

Possession of Imitation Firearms for Unlawful Purpose - Crime of the Fourth Degree: Possessing an imitation firearm under circumstances that would lead an observer to reasonably believe it is possessed for an unlawful purpose is a crime of the fourth degree carrying up to 18 months in prison.

What the State Must Prove

To convict you of possession of a weapon for an unlawful purpose, prosecutors must prove beyond a reasonable doubt:

1. The item is a weapon as defined by law
2. You possessed the weapon
3. You possessed it with the purpose of using it against another person or property
4. Your intended purpose was unlawful

The intent element is often the most difficult for prosecutors to prove because it requires the jury to draw inferences about your state of mind from your actions and the circumstances.

Possession of a Firearm Without a Permit

New Jersey has a comprehensive permit system for firearms. The permit requirements are stricter than most other states, and understanding these requirements is essential for anyone who owns or wishes to own firearms in New Jersey.

Handgun Permit Requirements

To legally possess a handgun outside your home or place of business in New Jersey, you must obtain a Permit to Carry a Handgun under N.J.S.A. 2C:58-4. Requirements are imposed by statute and regulation, which have been updated following the Bruen decision and continue to evolve through litigation. The application process generally includes:

• Background checks and fingerprinting
• References from non-family members
• Completion of a firearms safety course
• Demonstrated proficiency with the specific handgun you intend to carry

Carrying a firearm without a permit in New Jersey is a crime of the second degree with the severe penalties described above.

Post-Bruen Changes to Carry Permits

Following the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, New Jersey updated its carry permit laws. However, the state simultaneously enacted extensive restrictions on where permit holders can carry, creating numerous "sensitive places" where firearms are prohibited even with a valid permit. These restrictions continue to evolve through legislation and litigation.

Firearms Purchaser Identification Card (FPIC)

To purchase or possess rifles and shotguns in New Jersey, you must obtain a Firearms Purchaser Identification Card (FPIC) under N.J.S.A. 2C:58-3. The FPIC requires:

• Background check
• Fingerprinting
• References

Possessing a rifle or shotgun without an FPIC is a crime of the third degree.

Important: The FPIC does not authorize carrying long guns in public. It only permits possession in your home, business, at a shooting range, or while lawfully hunting with proper licenses.

Handgun Purchase Permits

In addition to the FPIC, purchasing a handgun requires a separate Handgun Purchase Permit for each handgun you wish to buy. These permits are valid for 90 days and require the same background check process.

Out-of-State Visitors and Travelers: A Common Trap

New Jersey does not recognize carry permits from any other state. If you are a visitor from another state where you legally own and possess firearms, you can still face felony charges simply by driving through New Jersey with your legally owned weapon.

This has led to numerous cases of otherwise law-abiding gun owners from states like Pennsylvania, Virginia, Florida, and Texas being arrested and charged with serious felonies while traveling through New Jersey, often during routine traffic stops.

Federal Safe Passage Law

Federal law (18 U.S.C. § 926A) provides limited protection for travelers transporting firearms through New Jersey if:

• The firearm is legal in both your departure and destination states
• The firearm is unloaded and locked in the trunk or inaccessible compartment
• Ammunition is stored separately
• Travel is continuous through New Jersey (no extended stops)

Despite federal protections, travelers may still face arrest or prosecution, requiring aggressive defense to assert federal preemption.

Prosecutorial Discretion for Out-of-State Gun Owners

In recognition of the harshness of these situations, the New Jersey Attorney General has issued guidance allowing prosecutors to consider Graves Act waivers and PTI (Pre-Trial Intervention) for out-of-state residents who:

• Legally possessed their firearms in their home state
• Were simply traveling through New Jersey
• Had no criminal intent
• Cooperate with authorities

However, this is discretionary, and you should never assume you will receive favorable treatment without skilled legal advocacy. Many out-of-state gun owners have been prosecuted despite these guidelines.

The Graves Act: Mandatory Sentencing for Gun Crimes

The Graves Act, codified at N.J.S.A. 2C:43-6c, is a mandatory sentencing law that applies to most gun offenses in New Jersey. Under this law, a person convicted of certain firearms offenses must be sentenced to a minimum period of incarceration before becoming eligible for parole.

Graves Act Mandatory Minimum

For most Graves Act offenses, the mandatory minimum is 42 months (3.5 years) with parole ineligibility, or one-third to one-half of the sentence imposed, whichever is greater.

What Offenses Trigger the Graves Act

The Graves Act applies to:

• Unlawful possession of a handgun (N.J.S.A. 2C:39-5b)
• Unlawful possession of machine guns, rifles, or shotguns (N.J.S.A. 2C:39-5c)
• Possession of a firearm for an unlawful purpose (N.J.S.A. 2C:39-4a)
• Possession of a defaced firearm (N.J.S.A. 2C:39-3d)
• Possession of a sawed-off shotgun (N.J.S.A. 2C:39-5c)
• Certain persons not to have weapons (N.J.S.A. 2C:39-7b - for firearms only)

The mandatory minimum cannot be waived by the judge without approval from the prosecutor through a formal Graves Act waiver process.

The Impact of Mandatory Minimums

The Graves Act eliminates judicial discretion in sentencing. Even if:

• You have no prior criminal record
• The weapon was unloaded
• You posed no threat to public safety
• You had no criminal intent

...the judge cannot sentence you to probation or a reduced sentence without prosecutorial consent to a Graves Act waiver.

Seeking a Graves Act Waiver

Under N.J.S.A. 2C:43-6.2, first-time offenders may be eligible for a waiver of the Graves Act mandatory minimum if the prosecutor determines that strict enforcement would not serve the interests of justice.

What a Graves Act Waiver Can Achieve

A Graves Act waiver can result in:

• Reduction of the mandatory minimum to one year
• A sentence of probation instead of prison
• Admission to Pre-Trial Intervention (PTI), which can result in dismissal of charges upon successful completion
• County jail time instead of state prison

Factors That Support a Graves Act Waiver

Prosecutors consider numerous factors when evaluating waiver requests:

Favorable factors:

• No prior criminal convictions
• The weapon was unloaded and properly stored
• The weapon posed no risk to public safety
• You lawfully obtained the firearm in another state
• You have strong ties to the community and family
• Employment or educational commitments
• Cooperation with authorities
• Out-of-state resident simply traveling through New Jersey

Factors against waiver:

• Prior criminal history
• Weapon was loaded
• Weapon used in threatening manner
• Gang affiliation or criminal enterprise
• Concurrent violent charges

The Importance of Early Advocacy

An experienced defense attorney is essential for presenting the strongest possible case for a Graves Act waiver. Waiver requests require:

• Comprehensive character documentation
• Employment verification
• Community ties evidence
• Family support letters
• Treatment or counseling completion (if applicable)
• Detailed legal memoranda addressing circumstances

Early involvement of counsel significantly increases the likelihood of obtaining a waiver.

Pre-Trial Intervention (PTI) for Gun Charges

Pre-Trial Intervention (PTI) is a diversionary program that allows first-time offenders to avoid conviction. If you successfully complete PTI, charges are dismissed entirely, and you can later expunge your arrest record.

PTI Eligibility for Weapons Charges

PTI is available for second, third, and fourth-degree crimes. However, for Graves Act offenses, PTI admission requires prosecutorial consent to a Graves Act waiver.

Benefits of PTI

• Charges dismissed upon successful completion (typically 1-3 years probation)
• No conviction
• Can expunge arrest record
• Avoids state prison and Graves Act mandatory minimum
• Preserves employment and professional licenses
• Avoids immigration consequences for non-citizens

PTI Is Not Automatic

Prosecutors carefully screen PTI applications for weapons offenses. Strong advocacy emphasizing mitigating factors is essential to securing PTI admission.

Defenses to New Jersey Gun Charges

Several defenses may be available depending on the circumstances of your case:

Illegal Search and Seizure - Fourth Amendment Violations

If police discovered the weapon through an unconstitutional search, the evidence may be suppressed and charges dismissed. This is one of the most effective defenses in weapons cases.

Common search and seizure issues:

• Unlawful traffic stops without reasonable suspicion
• Vehicle searches without probable cause or valid consent
• Searches exceeding the scope of consent
• Warrantless searches without valid exceptions
• Coerced consent to search

Under Whren v. United States, pretextual stops are constitutional if there's an objective basis for the stop (like a traffic violation), even if the officer's motive was to investigate other crimes. However, the search itself must still be legally justified.

Lack of Knowledge

The State must prove you knowingly possessed the weapon. If you did not know the weapon was present, such as when borrowing someone else's car or staying in someone else's home, you may have a defense.

This defense requires showing:

• Someone else had access to the location
• You had no reason to know a weapon was present
• The weapon was concealed or hidden
• You did not exercise dominion and control

Constructive Possession Challenges

If the weapon was not found on your person but in a location accessible to multiple people, the State must prove you had dominion and control over it. This can be challenged when weapons are found in:

• Shared vehicles with multiple occupants
• Shared residences with roommates or family
• Common areas accessible to many people
• Rental vehicles or borrowed cars

Lack of Unlawful Intent

For possession for unlawful purpose charges, the State must prove you intended to use the weapon criminally. Defenses include:

• You possessed the weapon for lawful self-defense
• You possessed it for sporting or recreational purposes
• You possessed it for work-related reasons
• No evidence supports criminal intent
• Statements were taken out of context

Statutory Exemptions

N.J.S.A. 2C:39-6 provides numerous exemptions from weapons charges for:

• Law enforcement officers (on-duty and off-duty with proper credentials)
• Military personnel in performance of duties
• Licensed security guards
• Licensed firearms dealers
• Persons at licensed shooting ranges
• Persons engaged in lawful hunting with proper licenses
• Collectors transporting antique firearms
• Other specifically enumerated exemptions

If an exemption applies to your situation, charges may be dismissed.

Challenging the Weapon's Classification

In some cases, whether an item qualifies as a "firearm" or "weapon" under New Jersey's definitions can be disputed:

• Inoperable firearms or replicas
• Antique weapons exempt under statute
• Items that don't meet technical statutory definitions
• Devices that don't function as described

Expert testimony may establish the item doesn't qualify as a prohibited weapon.

The Former Prosecutor Advantage in Your Defense

My prosecutorial background provides unique advantages in defending weapons cases:

• Understanding how prosecutors evaluate Graves Act waiver requests
• Recognizing illegal search and seizure issues that provide suppression opportunities
• Knowing how to present compelling PTI applications
• Understanding which factors prosecutors weigh most heavily in charging decisions
• Effectively challenging the State's evidence at suppression hearings and trial
• Building persuasive narratives about circumstances and intent
• Anticipating State strategies and preparing comprehensive counter-arguments

This experience increases the likelihood of favorable outcomes: Graves Act waivers, PTI admissions, suppression of evidence, charge reductions, and case dismissals.

Act Now. Protect Your Future.

If you have been charged with gun or weapon possession in New Jersey, the stakes could not be higher. New Jersey's gun laws impose mandatory prison sentences that can devastate your life, your career, and your family. The Graves Act mandatory minimum of 42 months means you could face years in state prison even as a first-time offender with no prior criminal history.

Contact the Law Offices of Matthew Cohan today for a free, confidential consultation. I will evaluate the circumstances of your arrest, assess search and seizure issues, determine Graves Act waiver eligibility, evaluate PTI possibilities, and develop a comprehensive defense strategy.

Time is critical. Graves Act waiver requests are most effective when submitted early, PTI applications have strict deadlines, and suppression motions require prompt filing. Early involvement of counsel makes the difference between mandatory prison time and favorable dispositions.

Do not face these charges without experienced legal representation. Contact us today.

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