The Graves Act is the name of a New Jersey law that imposes minimum prison time for firearm-related offenses. Before 2008 it usually applied to situations where a firearm was used during the commission of another crime or with the intent to break the law. Now, the Graves Act applies in far more situations, such as the possession of a defaced firearm or the transport or a restricted firearm. What makes the Graves Act so notable is that it imposes mandatory minimum prison sentences. This means someone could spend years in prison for a weapons offense that is relatively “minor” and purely accidental. Some out-of-state individuals who were in the lawful possession of a firearm (in their home state) were finding themselves serving a mandatory minimum sentence in New Jersey State Prison merely because they had crossed state lines. Realizing how harsh the Graves Act could be, prosecutors were given greater discretion in how they applied the Graves Act. This allowed defendants the possibility of avoiding prison time altogether or even gaining acceptance into a diversionary program and keeping a felony conviction off their record. This is sometimes known as the “Graves Act Waiver.”