Jersey City Unlawful Possession of a Weapon Attorney

Reviewed by William A. Proetta, Esq. · Updated October 2026

N.J.S.A. 2C:39-5 makes it a crime to possess a firearm or other weapon without the license or permit New Jersey requires. Having a handgun without a carry permit is second degree, carrying five to ten years and a Graves Act parole bar of at least 42 months, while a rifle or shotgun without a firearms purchaser identification card is third degree. Unlawful possession cases from Hoboken, Union City and the rest of Hudson County are heard in the Hudson County Superior Court at the Frank J. Guarini Justice Complex near Journal Square. William Proetta Criminal Law defends clients charged with unlawful possession of handguns, long guns, knives and other weapons from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.

Elements the Prosecutor Has to Establish

In a handgun case, the State’s proof has three parts: that the object was a handgun within the statutory definition, that you knowingly possessed it, and that you did not have a permit to carry it. Possession does not require holding the gun. Prosecutors can rely on constructive possession, arguing that a gun in a glove box or bedroom drawer was within your control and that you knew it was there. When several people share the car or apartment, that inference is often the weakest link in the case.

Handguns, Long Guns and Other Weapons

Handguns. Subsection (b)(1) applies to any handgun carried without a permit, and it expressly includes antique handguns. An air or spring-gun pistol that fires a projectile under three-eighths of an inch with enough force to injure is charged separately under (b)(2) as a third-degree crime.

Rifles and shotguns. Subsection (c)(1) punishes possessing a rifle or shotgun without an FID card, and (c)(2) punishes having one loaded. Both are third degree.

Knives and other items. Subsection (d) reaches any other weapon held under circumstances not manifestly appropriate for its lawful uses. A kitchen knife carried home from a store is different from the same knife tucked into a waistband outside a bar. It is a fourth-degree crime.

School Property and the First-Degree Upgrade

School property is treated separately. A firearm on school grounds is third degree under (e)(1) even if the person holds a carry permit, another weapon is fourth degree under (e)(2), and an imitation firearm is a disorderly persons offense under (e)(3) that is handled in municipal court.

Subsection (j) raises a possession charge under (a), (b), (c) or (f) to first degree when the person has a prior conviction for a crime on the No Early Release Act list. First-degree exposure is 10 to 20 years and a fine of up to $200,000. In State v. Cromedy, 261 N.J. 421 (2025), the New Jersey Supreme Court held that (j) is a separate offense outside the Graves Act, so the Graves parole bar does not attach to it. A judge can still impose a discretionary parole bar under 2C:43-6(b).

Sentencing for Unlawful Possession

The Graves Act controls sentencing on the firearm counts in subsections (a), (b)(1), (c)(2) and (f), apart from air guns. A second-degree handgun conviction carries five to ten years with a parole bar equal to the greater of one-half of the term or 42 months. A rifle or shotgun held without an FID card under (c)(1) is third degree, with three to five years, but it is excluded from the Graves mandatory term, so a first offender keeps the presumption against prison. A loaded real rifle or shotgun under (c)(2) is a Graves offense, and the Graves Act overrides that presumption. Fines follow the ordinary degree caps: $150,000 for second degree, $15,000 for third and $10,000 for fourth. Fourth-degree weapons under (d) are not Graves offenses and can be resolved with probation. A second firearm conviction can require an extended term.

Waivers, PTI and Visitors From Other States

The main paths away from a 42-month parole bar are a waiver under N.J.S.A. 2C:43-6.2, which lets the assignment judge impose probation or a one-year parole bar on the prosecutor’s motion, and PTI, which in a Graves case needs the prosecutor’s consent first. The waiver is limited to defendants without a prior Graves Act conviction, and on a first- or second-degree count the presumption of imprisonment still steers the judge’s choice between probation and a one-year bar. Our weapons offenses overview explains the Graves Act and the waiver standard in detail.

Out-of-state gun owners face a distinct situation. A 2014 Attorney General clarification of the Graves Directive indicates that PTI or a non-custodial sentence may be appropriate for out-of-state visitors who lawfully owned a handgun at home and mistakenly believed they could carry it in New Jersey, absent aggravating facts. See our page on out-of-state gun owners.

Unlawful Possession Charges in Hoboken, Union City and Hudson County

In Union City, a possession charge can follow, for example, a pedestrian stop or a car stop along Bergenline Avenue in which officers report seeing a handgun or a knife. In Hoboken, arrests can involve weekend visitors carrying a firearm from out of state, or a weapon recovered after an altercation near the bars. Charges from Kearny and Bayonne can begin with traffic stops on the roads leading to the Turnpike. See our Jersey City gun charges page and our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.

Arrest and Pretrial Release

An initial release decision is due within 48 hours, unless the prosecutor moves for detention, in which case the hearing generally follows within a few business days. A loaded handgun recovered during an arrest makes a detention motion more likely, and the prosecutor will point to the Graves Act exposure when arguing that no conditions are sufficient. A first offender with a stable address and work history may be a strong candidate for release with conditions such as reporting and a curfew. See our pretrial release and detention guide and our page on Central Judicial Processing in Hudson County.

Immigration Consequences

For a non-citizen, the precise subsection matters. A handgun or rifle conviction can be a deportable firearms offense. On a (b)(1) handgun count, one argument is that the statute includes antique handguns that the federal firearm definition excludes. On a (b)(2) or (c) count, the argument is that New Jersey reaches air guns the federal definition does not. In either case the outcome is uncertain and depends on the record. We review the immigration side before any plea; see our immigration consequences and immigration-safe plea strategy pages.

Defending an Unlawful Possession Charge

• Suppression. An unjustified frisk, an expanded car search or a defective warrant can exclude the gun entirely.
• Constructive possession. Proximity to a gun in a shared space is not proof of knowing control.
• Home or business exemption. Possession inside your own home or business is exempt from the possession offense under N.J.S.A. 2C:39-6(e), though other charges may still apply.
• The (d) context. Tools, work knives and sporting equipment can have a legitimate explanation that defeats the manifestly appropriate element.

Speak With a Hudson County Weapons Possession Lawyer

A possession case is often decided by the legality of the stop and the strength of the possession proof, long before trial. Call our Jersey City office at (201) 793-8018 for a free, confidential case review, 24/7. Se habla español.