NJ Graves Act Waiver – How To Get One
If you have legally purchased a weapon in another state and brought it to New Jersey, you may be charged with a crime.
They are arrested, prosecuted and convicted of illegal arms possession in New Jersey.
This article explains how to avoid sentencing and detention in New Jersey.
introduction
What is the grave law in New Jersey?
The NJ Graves Act is a very serious law. If you are accused of violating the Graves Act, you will face a prison. Under New Jersey law, any crime with a firearm will trigger a "mandatory prison".
Even if no one has been injured and the gun has not been fired or shown to anyone, simply bringing a gun to crime can send you to prison for a long time.
Yes, weapons are a serious business in New Jersey.
What is the purpose of the grave plot?
The purpose of the Graves Act in New Jersey is to prevent people from carrying weapons. With few exceptions, we don't have a Carrying Concealed Weapons (CCW) permit in New Jersey
If you are convicted in New Jersey of using or holding a firearm during a crime, you must serve a mandatory prison sentence.
However, most gun accusations in New Jersey concern legitimate gun owners from another state who could legally carry this gun in the visitor's home jurisdiction.
What exactly is an offense against graves?
It is a crime that involves illegal possession of a firearm. To list a few:
Unlawful possession of a machine gun, pistol, rifle or shotgun (violation of N.J.S.A. 2C: 39-5 (a), (b) or (c).
Possession of a sawn-off shotgun in violation of N.J.S.A. 2C: 39-3 (b).
Possession of an illegible firearm in violation of N.J.S.A. 2C: 39-3 (d).
Possession of a firearm while committing a drug distribution or possession with the intention of distributing crime, in violation of N.J.S.A. 2C: 39-4.1 (a).
Possession of certain weapons by persons previously convicted of specific crimes in violation of N.J.S.A. 2C: 39-7 (a) or (b) (2) .v.Manufacturing, transporting or disposing of a machine gun, a sawn-off shotgun or an assault weapon in violation of N.J.S.A. 2C: 39-9 (a), (b) or (g).
Defacing a firearm in violation of N.J.S.A. 2C: 39-9 (e).
If you need help understanding the statutes, call us now for FREE advice
But my weapon was not used in a crime
Being “illegally owned” by a firearm triggers the Graves Act in New Jersey.
This means that if you don't have a gun permit and have a gun in your pocket, the Graves Act applies to your case.
Since we don't have CCWs in New Jersey, it's illegal to have only one weapon on you.
The reason is that it is illegal in New Jersey, even if you have a gun license:
1) Hold the gun in certain places;
2) at certain times; and
3) Transported in a certain way.
But I just drove through New Jersey
It does not matter.
Gun laws are strict in the Garden State.
If you use a gun to cross a bridge or tunnel to New Jersey, you will be charged with a crime.
Recommended Reading: NJ Felony (Indictable) Fees: 5 Steps to Resist
What are the NJ penalties for a gun load?
Violations of the Graves Act begin as second-degree offenses.
Second-degree criminals are sentenced to 5-10 years in prison subject to the No Early Release Act (NERA).
You must serve a mandatory minimum 42-month penalty under the Graves Act.
For example, if you were sentenced to 5 years, half of which is 2.5 years (30 months), you must serve at least 42 months, as this is the minimum sentence a judge must impose.
Is there a way to avoid graves trading in New Jersey?
Let's start with the easiest way to get around the Graves Act and thus the prison.
In 2014, the New Jersey Attorney General issued the following memo:
Non-state visitors from states where their gun possession behavior would have been lawful.
We simplify this for you.
The memo basically states that the Graves Act does not apply to you if you are a legitimate gun owner from another country who is allowed to carry your gun in your home country.
The memo further explains that prosecutors are not allowed to refuse your application for PTI because you have been charged with a minimum mandatory sentence. (Source State v Caliguiri, 158 NJ 28 (1999).
To learn more about PTI, read:
PTI: Everything you need to know in five minutes!
What are mitigating and aggravating factors?
The court will take mitigating and aggravating factors into account when deciding whether to admit you to waive the Graves Act.
These factors are described in N.J.S.A. 2C-44: 1.
Mitigating circumstances
– You have not caused or threatened serious harm
– You have not thought that his behavior would cause or threaten serious harm
– You acted under strong provocation
– There were significant reasons to excuse or justify your conduct without justifying legal defense
– You have compensated or will compensate the victim or participate in a program or community service
– You have no criminal record
– Your behavior was the result of circumstances that are unlikely to recur
– Your character and attitude indicate that he is unlikely to commit another crime
– You will respond well to probation
– Your detention would be excessive hardship for yourself or your loved ones
– Your willingness to work with law enforcement or government agencies
– Your behavior has been significantly influenced by a person who is more mature than you
Aggravating factors: (bad for you)
– nature and circumstances of the crime
– The severity and severity of the damage done to the victim
– Risk that you are committing another crime
– A lesser sentence will reduce the seriousness of the accused's offense as it violates public trust
– The likelihood that you are involved in organized crime
– The extent of your history
– You committed the crime under an agreement about money or other incentives
– You committed the crime against law enforcement
– The need to prevent you and others from breaking the law
– The crime involved fraud or deception
– You committed the crime against a person you knew or should have known about the age of 60
– The crime involved domestic violence
It does not matter.
Gun laws are strict in the Garden State.
If you use a gun to cross a bridge or tunnel to New Jersey, you will be charged with a crime.
Recommended Reading: NJ Felony (Indictable) Fees: 5 Steps to Resist
What if I can't get a grave?
If the NJ County Prosecutor's Office does not consent to Pre-Trial Intervention (PTI) or parole after an application to repeal the Graves Act, you can bring your case to court at any time.
If you bring your case to court, the state has to prove beyond any doubt that you had a weapon for an illegal purpose in your possession.
The jury has to judge you for two reasons:
(1) Illegal possession
(2) For an illegal purpose.
An illegal purpose means that you had the gun with you when you tried to commit a crime.
Typical examples are robbery or theft.
If you have gun ownership fees just because the gun was in your car or near you, you have a better chance in court.
If everything else fails, you can consider a trial version.
Final thoughts
If you have gun accusations in New Jersey, you need a criminal defense lawyer.
As previously mentioned, there are many factors to consider when waiving the Graves Act.
It is important to find a lawyer who understands how to navigate the criminal system.
Since this is such an important decision, take your time to find the right criminal lawyer who can help you.
If you've found some lawyers you'd like to meet, check to see if they have customer reviews.
Before a customer hires us, we always recommend that they visit our customer reviews in our company.
Take advantage of free consultations and see how you feel with this lawyer.
If you trust your belly, you will never go wrong.
Choosing the right defense lawyer for you is an important decision.
So take your time and choose wisely.
Do you need help with your case?
Contact us for a free consultation.
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