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Handgun Possession and the Graves Waiver in NJ

Alan Writer

Updated: Dec 16, 2022



New Jersey contains some of the strictest laws regarding handgun possession. These laws are put in place to discourage individuals from having illegal firearms in their possession. Keep in mind that when you go through the necessary steps of legally obtaining a gun license or a concealed carry permit, you can see how open New Jersey is with the lawful use of handguns. This is where the Graves Waiver in NJ comes about.


What the Graves Act is all about

Concerning the Graves Act, this is a law that gives a mandatory prison sentence for anyone who commits certain types of crimes while possessing a firearm. It became even more strict in 2008 when the Graves Act rules expanded to include illegally possessing handguns, rifles, or shotguns. It also included other types of weapon offenses.


Whatever your circumstance, committing an illegal act with a legal firearm or unlawfully having certain firearms will guarantee you time in prison if convicted of these crimes. If you ever find yourself caught up in this situation, it's always best to work with an experienced attorney. One who understands the law's nuances and how they would properly apply to you.


How to avoid prison time with the Graves Waiver in NJ

There is, however, a way for you to be able to completely avoid time spent in prison by obtaining a waiver. In this case, it's known as the Graves Act Waiver. This is the best way to avoid prison time, especially if convicted for a crime that falls under the Graves Act. At the same time, getting this type of reprieve is no simple task. There are a lot of considerations to review. First and foremost, whether you, as the defendant, have had any prior offense similar to this case.


They will also have to establish that the mandatory prison sentence will not be relevant to your case or your rehabilitation through justice. It takes a lot of discussion, review, and evidence from both sides. A highly skilled lawyer needs to convince the court that the client deserves to receive this prison reprieve.


In the end

Instead of worrying about the burdens and cumbersome process it takes to get a Graves Act Waiver, you’re better off when it comes to working with those who have a wealth of experience in this matter. A Graves Act Waiver is not guaranteed and can easily be denied if the proper case isn’t built and presented to the relevant parties involved. You don’t want to spend the prison time unnecessarily when you could have qualified for a Graves Act Waiver.


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