We are Experienced and Aggressive New Jersey Gun & Weapons Defense Attorneys
Defending your freedom, challenging illegal police searches, and fighting to defeat mandatory state prison sentences under New Jersey’s strict Graves Act.
New Jersey has some of the strictest and most unforgiving firearm and weapons laws in the United States. If you are arrested with an unlicensed handgun, an illegal knife, or are accused of transporting a legally purchased out-of-state firearm through New Jersey, you are not facing a simple traffic-level infraction or a slap on the wrist. You are facing an indictable felony-level offense that carries mandatory, multi-year state prison time, even if you have an absolutely clean record and have never been arrested before.
At Raff & Raff, LLP, we have defended residents of Paterson, Passaic County, and Northern New Jersey for over 100 years. We understand the sheer terror that comes with facing a state prison sentence, and we do not deal in false promises or empty marketing “guarantees” just to secure your signature.
Instead, our advocacy is defined by absolute honesty, strategic trial preparation, and aggressive constitutional defense. We analyze every detail of your arrest, identify procedural errors in how the police conducted their search, and fight tirelessly to defeat the prosecution’s case. If your freedom is on the line, we are seasoned trial litigators fully prepared to defend you before a judge or jury.
“Many people assume that if they purchased a gun legally in another state, like Pennsylvania, Georgia, or Texas, they are safe to travel with it in New Jersey. This is a massive, life-altering mistake. New Jersey does not recognize out-of-state carry permits. The moment you cross the state line with a firearm in your vehicle, you are in violation of some of the harshest weapons laws in the country, and the state’s prosecutors are legally mandated to seek active prison time.” — Daniel A. Levy, Esq.
Understanding the Graves Act: Mandatory Prison & Parole Ineligibility
In New Jersey, most gun charges are governed by a strict statute known as the Graves Act (N.J.S.A. 2C:43-6).
The Graves Act applies to a wide range of weapons offenses, including unlawful possession of a handgun, possession of a weapon for an unlawful purpose, and possession of a firearm during the commission of a drug offense.
To understand the severity of this law, you must know its two most dangerous components:
- Mandatory Prison Time: If you are convicted of a Graves Act offense, the judge is legally required to sentence you to state prison.
- Parole Ineligibility: Under the law, you must serve a mandatory minimum term of imprisonment before you are even eligible for parole. For a second-degree unlawful possession of a handgun charge, this mandatory minimum is usually 3.5 years (42 months) in state prison with zero eligibility for early release.
This means that standard first-time offender programs, like Probation or Pre-Trial Intervention (PTI), are completely off the table for a Graves Act offense unless an experienced defense attorney can secure a formal legal waiver.
Building Your Defense: Challenging the State’s Evidence
Because the penalties for gun charges are so severe, defending these cases requires an aggressive, highly technical analysis of how the police obtained the weapon. We don’t just ask the prosecutor for a deal; we work to tear down their evidence based on constitutional violations.
Challenging Vehicle Stops & Unlawful Searches
Many gun arrests begin with a standard traffic stop. Under the Fourth Amendment of the U.S. Constitution and the New Jersey State Constitution, the police must have “reasonable suspicion” to pull your car over, and “probable cause” to search your vehicle.
- The Defense: If the police pulled you over without a valid legal reason, or searched your glove compartment, trunk, or center console without a warrant or a valid exception to the warrant requirement, we will file a formal Motion to Suppress Evidence. If the judge agrees the search was unconstitutional, the gun is thrown out, and the state’s entire case collapses.
Contesting “Constructive Possession”
Often, a gun is found in a shared area—such as under a passenger seat, in a rental car glove box, or in a shared apartment. The police will regularly arrest everyone in the vehicle or room, charging everyone with possession.
- The Defense: To secure a conviction, the state must prove beyond a reasonable doubt that you had both the knowledge of the weapon’s existence and the intent and capability to exercise control over it. Simply being in the same car as a gun is not enough. We aggressively challenge the state’s claim of constructive possession to distance you from the weapon.
Challenging Warrants and Defective Affidavits
If the police searched your home or business based on a search warrant, we review the underlying affidavit with forensic precision. If the police lied, exaggerated, or relied on unreliable confidential informants to secure the warrant, we can file a motion to challenge the warrant’s validity.
This is especially important in today’s digital age. Often, police gather evidence online and there is always a question of whether or not statements online came from the person the police claim they came from, and whether or not it’s reliable information.
Avoiding Prison: How We Secure a Graves Act Waiver
If the state has a strong case and the search was legal, your absolute best path to avoiding state prison is securing a formal Graves Act Waiver.
Under New Jersey Attorney General guidelines, the county prosecutor has the authority to agree to a waiver of the mandatory minimum prison sentence if it serves the “interests of justice.” We guide clients through this high-stakes, multi-step process:
Step 1: Compiling a Compelling Mitigation Packet
We do not simply ask the prosecutor for a waiver. We build an exhaustive, professional mitigation packet showing who you truly are. We compile character letters, proof of employment, military service records, and psychological evaluations to demonstrate that you are a productive member of society who poses absolutely zero danger to the community.
Step 2: Applying for a Graves Act Waiver
We submit a formal application to the County Prosecutor’s Office requesting a waiver. If approved, the prosecutor will agree to downgrade the mandatory penalties. This can lead to:
- Pre-Trial Intervention (PTI): A diversionary program where the charges are completely dismissed after a period of clean supervision (highly common for out-of-state travelers with no criminal record).
- Probation: Avoiding prison entirely in exchange for structured, supervised probation.
- Reduced Prison Sentence: Downgrading the mandatory minimum from 42 months to a manageable 12-month period.
Step 3: Appealing to the Assignment Judge
If the County Prosecutor unreasonably denies our waiver request, we are prepared to file a formal motion before the county’s Assignment Judge, arguing that the prosecutor’s denial constitutes a “patent and egregious abuse of discretion.” We would then aggressively argue this motion before the judge with the goal of persuading the judge to overrule the prosecutor.
The First 48 Hours: Pretrial Detention & Keeping You Out of Jail
- Under New Jersey’s bail reform laws, traditional cash bail has been completely eliminated. Instead, when you are arrested on a second-degree gun charge, you are automatically taken to the county jail, and the state has 48 hours to decide whether to file a Motion for Pretrial Detention.
- If the prosecutor files this motion, you will remain in jail, and a formal Detention Hearing will be scheduled within 3 to 5 days:
- The Risk: If the judge grants the prosecutor’s motion, you will remain locked in the county jail for the entire duration of your case—which can take 6 months to over a year—before you ever get to go to trial.
- The Solution: The detention hearing is a critical, high-stakes battle. We represent you aggressively at this hearing, presenting evidence to prove that you are not a flight risk and can be safely released on electronic monitoring or reporting requirements while your case is pending.
Centrally Located in Paterson and Ridgewood to Serve Northern New Jersey
Because serious indictable firearm and weapons charges are felony-level offenses, they are handled strictly at the County level in the Superior Court of New Jersey.
Our central office on Church Street in Paterson is located less than a 5-minute walk from the Passaic County Superior Court and Courthouse Complex and a short drive to the surrounding county courthouses. This makes us uniquely positioned to handle emergency detention hearings, file time-sensitive motions, and represent clients seamlessly in:
- County Superior Courts: Passaic County (Paterson), Bergen County (Hackensack), Essex County (Newark), Morris County (Morristown), and Hudson County (Jersey City).
- Local Municipal Courts: Paterson, Clifton, Wayne, Passaic, Little Falls, Totowa, Woodland Park, Hackensack, Paramus, and surrounding towns.
Frequently Asked Questions About NJ Gun Laws
No. New Jersey does not recognize carry permits, concealed carry licenses, or firearm credentials from any other state. If you are stopped by police in New Jersey with a firearm, your out-of-state permit is completely invalid, and you will be arrested and charged under the Graves Act.
Under federal law (the Interstate Transportation of Firearms Act) and New Jersey law, you may only transport a firearm through the state if you are traveling between two locations where possession is legal (e.g., from a shooting range to your home). The firearm must be completely unloaded, kept in a securely locked container or gun case, and placed in an area of the vehicle not directly accessible from the passenger compartment (such as the trunk). Ammunition must be kept in a separate locked box or container.
Yes. Unlike most other states, New Jersey’s Graves Act mandates active state prison sentences even for first-time offenders with absolutely spotless records. Avoiding prison requires obtaining a formal Graves Act Waiver, which must be negotiated with the County Prosecutor’s Office.
A Motion to Suppress is a formal legal request asking the judge to throw out the gun as evidence because the police obtained it through an unconstitutional, illegal search. If the police stopped your car without reasonable suspicion, searched your bags without a warrant, or conducted a search without your voluntary consent, we can file this motion to defeat the state’s case.
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