State v. Gantt

During the course of our decisional treatment of the issues relating to the scope and content of the Graves Act, N.J.S.A. 2C:43-6c, I have expressed strong differences from the views endorsed by the majority of the Court. In State v. Des Marets, 92 N.J. 62 (1983), this Court gave singular and overwhelming emphasis to the deterrent purpose of the Graves Act to launch its thesis that the Act dictated “broad coverage” rather than narrow application. In accordance with its perception of deterrence, it ruled that the Act included defendants in “possession of a firearm, without any need to…