Hoboken Weapons Offenses Attorney

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

Carrying a handgun in New Jersey without a permit to carry is a second-degree crime under N.J.S.A. 2C:39-5(b)(1), punishable by five to ten years in state prison and a fine of up to $150,000. Because it is a Graves Act offense, a conviction ordinarily requires a mandatory period of parole ineligibility of at least 42 months, even for someone with no record. Most indictable weapons charges arising in Hoboken, Bayonne, Jersey City or anywhere else in the county are prosecuted by the Hudson County Prosecutor’s Office in the Hudson County Superior Court at the Frank J. Guarini Justice Complex near Journal Square. William Proetta Criminal Law defends people charged with gun and weapons offenses across Hudson County from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.

The Graves Act: Why Gun Cases Are Different

The Graves Act, N.J.S.A. 2C:43-6(c), is the reason a gun charge in New Jersey is treated so seriously. It does not create a separate crime. Instead, it attaches a mandatory minimum to a list of firearm offenses, and a judge who finds the statute applies has no discretion to skip it.

The covered weapons offenses include unlawful possession of a machine gun, handgun, rifle, shotgun or assault firearm under 2C:39-5(a), (b), (c) and (f); possession for an unlawful purpose under 2C:39-4(a); firearms possessed during drug offenses under 2C:39-4.1(a); certain persons offenses under 2C:39-7(a), (b)(2) and (b)(3); several prohibited-weapon offenses under 2C:39-3(b) and (d); and several manufacturing and dealing offenses under 2C:39-9.

For these crimes, the sentence must include a period of parole ineligibility equal to the greater of one-half of the prison term or 42 months. For a fourth-degree Graves offense, the minimum is 18 months. For possessory gun charges the firearm is an element of the offense, so the verdict or plea establishes it.

A few features of the statute are worth knowing:

• Some air-gun and long-gun counts are carved out. The mandatory term does not apply to an air or spring handgun count under 2C:39-5(b)(2), to any (c)(1) count for a rifle or shotgun without an FID card, or to a (c)(2) loaded-rifle count when the weapon is an air gun. A loaded real rifle or shotgun under (c)(2) is still a Graves offense. See our BB gun charges page.
• The usual third-degree presumption gives way. A first offender facing a third-degree charge ordinarily starts with a presumption against prison, but a Graves Act firearm count overrides it.
• A second gun conviction is worse. A prior firearm conviction can require a mandatory extended term under N.J.S.A. 2C:44-3(d).
• Not every enhanced count is covered. In State v. Cromedy, 261 N.J. 421 (2025), the New Jersey Supreme Court held that the first-degree upgrade in 2C:39-5(j) is a separate offense outside the Graves Act. A judge can still impose a discretionary parole bar under 2C:43-6(b).

The Graves Act Waiver Under 2C:43-6.2

The Legislature built in an escape valve. Under N.J.S.A. 2C:43-6.2, when the prosecutor makes a motion, the assignment judge may either place the defendant on probation or reduce the parole bar to one year. The sentencing judge may also refer a case to the assignment judge, but only with the prosecutor’s approval. In practical terms, the waiver depends on persuading the prosecutor first. It is available only to a defendant with no prior Graves Act conviction, and for first- and second-degree offenses the presumption of imprisonment still guides the choice between probation and the one-year term.

In State v. Taylor, 261 N.J. 440 (2025), the New Jersey Supreme Court held that a prosecutor’s refusal to seek a waiver is reviewed for an ordinary abuse of discretion, rather than the stricter standard some courts had used. The defendant’s burden is still heavy, which is why the waiver request should be built early, with records showing background, employment, family obligations and the circumstances of the arrest.

Attorney General Guidance and Plea Offers

Prosecutors in Graves cases do not negotiate on a blank slate. Under Attorney General guidance on Graves Act plea bargaining, prosecutors use standardized plea offers that can include a 2C:43-6.2 motion for a one-year parole bar, unless an exception applies. That guidance shapes the first offer in many Hudson County gun cases, and the exceptions and aggravating facts in a given file shape what happens next.

Pretrial Intervention in a Gun Case

Pretrial intervention is not off the table, but the door is narrower. Under Court Rule 3:28-1(d)(1), a defendant charged with a crime that carries a mandatory parole bar or a presumption of incarceration needs the prosecutor’s consent before PTI can even be considered.

Out-of-State Visitors With Guns

Travelers can be arrested in Hudson County after a car stop on the Turnpike extension or near the Holland Tunnel with a handgun that was perfectly legal back home. New Jersey does not honor other states’ permits, so the charge is the same second-degree count anyone else would face. 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. Proof of lawful ownership in the home state is central to that request. Our out-of-state gun owners page explains how that policy works.

Carry Permits and Sensitive Places

New Jersey has long required a permit to carry a handgun; P.L.2022, c.131 revised the process and added a list of sensitive places where carrying is prohibited even with a permit. Carrying in one of those places is a third-degree crime under N.J.S.A. 2C:58-4.6(a). Federal constitutional challenges to parts of New Jersey’s carry-permit and sensitive-place rules are ongoing, and the status of particular provisions can change while those cases continue, so the rule for a specific location should be checked before relying on it.

Fines for Weapons Offenses

New Jersey’s weapons statutes do not set special fines. A weapons conviction carries the ordinary maximum fine for its degree under N.J.S.A. 2C:43-3:

• First degree: up to $200,000
• Second degree: up to $150,000
• Third degree: up to $15,000
• Fourth degree: up to $10,000
• Disorderly persons offense: up to $1,000

The prison ranges are 10 to 20 years for first degree, 5 to 10 for second, 3 to 5 for third and up to 18 months for fourth.

Expunging a Weapons Conviction

Chapter 39 weapons offenses are not on the list of crimes barred from expungement under N.J.S.A. 2C:52-2, so a weapons conviction can generally be cleared after the statutory waiting period if the rest of the record qualifies. See our Hudson County expungement page.

Gun and Weapons Arrests in Hoboken, Bayonne and Hudson County

In Hoboken, weapons charges can begin with a knife or other item found after a late-night dispute on Washington Street, or a handgun found in a car by a visitor who did not realize New Jersey law differs from home. In Bayonne, a case can arise, for example, from a traffic stop along Route 440 or from a domestic violence call where officers seize firearms from the home. Wherever the arrest happens, the indictable charge moves to the courthouse at Journal Square, while a downgraded disorderly persons count can return to the local municipal court. See our Jersey City gun charges page and our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.

Arrest and Pretrial Release

Arrests for firearm possession usually proceed on a complaint-warrant. 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. Gun cases can draw a prosecutor’s motion for pretrial detention, particularly when the weapon was loaded or the defendant has a pending matter. Anyone held is housed at the Hudson County Correctional Facility in Kearny until the hearing. See our pretrial release and detention guide and our page on Central Judicial Processing in Hudson County.

Immigration Consequences

Federal immigration law makes a non-citizen deportable for a conviction involving the purchase, sale, possession or carrying of a firearm as federally defined. New Jersey’s definition reaches further, covering air guns and antique handguns, so whether a particular New Jersey conviction matches the federal category can be contested. We review the immigration side before any plea; see our immigration consequences and immigration-safe plea strategy pages.

Common Defenses in Weapons Cases

• The stop or search. Many gun cases rise or fall on a suppression motion challenging a car stop, a frisk or a warrant.
• Who possessed it. A gun in a shared car or apartment is not automatically attributable to everyone present.
• Whether it is a firearm under the statute. The definition matters for air guns and look-alikes; a real handgun does not have to be operable.

Talk to a Hudson County Gun Charge Lawyer

In a Graves Act case, the first weeks matter: suppression issues, PTI and waiver requests all depend on how early the work begins. Call our Jersey City office at (201) 793-8018 for a free, confidential case review, 24/7. Se habla español.