Reader Erik writes:
I’m one of the unlucky bastards who calls New Jersey home. Now, NJ gun law rants typically focus either on the state’s infamous hollow point ban or its may-issue — no-issue in practice — position on concealed carry permits. But I don’t know how many people know about NJ’s definition of a handgun or its mandatory sentencing statutes . . .
Recently, a close friend of mine was sentenced to a year in jail for simple possession of a spring airsoft gun. For those of you who do not know, an airsoft gun shoots 6mm pellets at around 300 feet per second and can only harm someone if hit in the eye. I would like to point out that my friend was not brandishing it in an illegal manner or using it in the commission of an illegal activity; he simply had it on his person.
Why, might you ask, was he sentenced to a year in jail? In the state of New Jersey, an airsoft gun is considered the same thing as a real firearm. NJSA 2C:39-5B states:
Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.
Additionally, gun offenses are almost always subject to the Graves Act which provides mandatory sentencing without the possibility of parole. I just wanted to share my story with the rest of the gun community. It’s a shame that my friend has to be locked up for a year for doing nothing wrong.
Sincerely,
Erik
WOW ,, So much for justice! What does your Gov. Cristie have to say of such crap. I live in NH (Live Free or Die) but do live near the Iraq(Massachusetts). NJ is out of control!
Governor Christie apparently believes in strict enforcement of NJ’s current gun laws. Odd, for a Republican.
Not really that odd for a repubcrap. If y ou really look at it allot of Repubcraps are as anti gun as the democraps
Christie is not a Republican; he’s a RHINO.
WOW!
So does a Nerf Gun also fall under this law?
If you were hit in the eye with one of these, it could “put out your eye”.
http://www.amazon.com/Nerf-N-Strike-Maverick-Colors-Vary/dp/B0002UP0IA/ref=sr_1_1?ie=UTF8&qid=1340900904&sr=8-1&keywords=nerf+guns
I don’t think so. The darts are definitely bigger than 3/8 inch in diameter.
As an NJ gun owner, I’ve officially come to the conclusion that this state is a directly transplanted slice of the USSR. A truly eye opening “wtf” story for us all. And the sad thing is, NOBODY cares enough to get the laws here changed, even our governor.
then throw the BUM OUT!
Trust me, a totally pro-gun governor in NJ would be a sign of divine intervention. Plenty of the older gun owners jumped ship when they could and moved to PA or elsewhere decades ago. We’ve had this FID card system since the late 40′s and it’s only gotten worse. It’s hard to get the laws changed when even the NRA considers NJ a lost cause.
Yeah… I don’t even know where to look for them here…
Erik,
I’m sorry to read about what your friend and you are going through because of the NJ police-nanny state laws.
Thanks, Aharon. I’m writing to him every day to try to keep his spirits up. I unfortunately cannot visit him, as the jail only allows family.
It’s a shame that “possession of a handgun” will forever be on his record. Furthermore, I believe it’s a felony, so my friend will never have the legal ability to protect himself, even in his own home.
This is where “jury nullification” is the last stop-gap measure. Any jury in the world should have unanimously balked at criminalizing the possession of a toy and acquitted the man. Now had the man used the toy and tried to pass it off as real in an armed robbery, that would be a different matter. But that doesn’t appear to be the case here.
We need to start educating the masses on basic civics!!!!!!!!!!!!!!!!!
Totally agree about jury nullification, but disagree that it’s the “last measure.” What’s the saying?… “Soap box, ballot box, jury box, cartridge box”
If the Republican Party is the tent, Chris Christie is the camel.
Simply infuriating. But then again, how hard would it be to plant an airsoft pistol on your enemies?
Perfect opportunity for ye olde “Tar and Feathering” tactic.
Yep being a gun owner in NJ I know carrying my co2 powered pellet pistol would be bad b/c im pretty sure you have the go through all the same hoops as a hand gun (long gun purchase permit then pistol purchase permit)…. but I dont think the same for airsoft… its out of control here I cant wait to move out of this state!
Just one more reason to eliminate “may issue” as an unconstutional, arbitrary, outrageous violation of Human rights, giving birth to this form of injustice under color of law.
And I thought California was a crap place to live. The more I read about Jersey, the more I realize how much it sucks.
I have one of the battery-powered, semi-auto Nerf rifles, and having taken it apart with a couple engineering buddies of mine, I’m pretty sure any of the Nerf pistols would count as handguns, even the pump actions. They just use springs, I believe, and the semi-autos use a spring/pneumatic combo, I think (been 6 months since we took it apart). I suppose it would really hinge on what counts as “bullets” or “missiles” and what the exact width of the darts are.
Think of the kids! Criminal scum…
Sling shots are considered hand guns in NJ. I had a lever action pop gun when I was a kid (in NY) and used to plug up the barrel end with dirt. When you pulled the trigger out came the dirt. I’m sure that would be a mandatory sentence.
About hizhoner, he did get Brian Aitkin (spelling) out of a 7+ year sentence because everyone shamed him into it. You should start a campaign, call Hannity or Imus and let them know, they have his ear sort of.
Yet another reason to run away as fast as you can from the coasts.
Woah there, let’s not overgeneralize. There are plenty of gun friendly states on the coasts.
Right on Ralph! Many people were wanting him to run for POTUS….thank goodness he declined. We already have a King…er…Emporer.
Even possession of a slingshot is a fourth degree crime in NJ
Next thing you know, so will water guns.
I avoid the Democratic People’s Republic of New jersey. I don’t even drive through the state if I can avoid it.
I had my first run-in with NJ “gun laws” when I was about 10 years old (a loooong time ago). A friend and I were on the shore of the local lake, shooting stones at tin cans bobbing in the water with our slingshots. I noticed a neighbor, who was sunning herself about 50 yards away, said nothing to us, but went into the house for a few minutes, then came back out.
A few minutes later, the local police car (I think the town only had 1) pulled up and we were told that we were “breaking the law”. I thought the officer meant that somehow we were doing something unsafe, but he explained “You’re not allowed to even HAVE a slingshot”.
We were allowed to throw the slingshots in the lake, and all was forgiven. Today, I expect we would have been handcuffed and booked as potential gangbangers. You know how it all works, slingshots are a gateway weapon for “assault weapons”.
Nunchucks are illegal in my State, Arizona. Yeah, the “anything goes” State as far as firearms. Even a nazi with a dishonorably discharge like JT Ready can carry an AR15 around without any police involvment. But tie two pieces of metal pipe together with a chain, you go to tent city.
JON Stewart demonstrated last night, quite clearly, that Christie is a hypocrite of the most dangerous political type and not fit to even be a dog catcher, much less walk the streets with honest folk. Just goes to show party affiliation means nothing. Once again we see that SCUM can walk any political path and get elected by telling enough lies.
NJ is one State I will stay away from. I have relatives in Chicago and I like to spend time in California (beaches, wine, women…), but I would avoid these places if I could otherwise.
Remember when that guy’s plane was rerouted to Newark while he was going to a competition and carrying his competition pistols with him? From what I remember, his guns got confiscated and he got probation time. Even with the best lawyers the NRA could send.
Avoid NJ at all cost.
NJ is a great place. Where else can NYC dump its garbage?
Staten Island.
If I was jailed for being in possession of a child’s toy, I would be mailing the white house for presidential pardon because of the pure ludicrosity of the charges.
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I escaped the People’s Demokratik Republik of New Jersey about 25 years ago. You can’t blame Gov. Christy for the B-B gun, sling shot, air soft laws as they have existed in Nj for DECADES. Some folks were building “Spud launchers” out of PVC pipe, a grill spark ignitor and using hair spray for propellent. Guess what? They are considered firearms as well. It’s been common practice all my life (I’m 56 years old) for folks to buy their pellet guns, CO2 supplies, slingshots, etc at the “Box” Mart in PA and then illegally smuggle them into NJ while trying to avoid the “Bridge trolls”. This time of year is a really bad time to try this as NJ also outlaws fireworks, which are readily available in PA at just about every retail store you can think of including the chain grocery stores. The NJ state police do spot inspections of vehicles coming from PA a lot before, during, and after July 4th for fireworks, liquor, cigarettes, and other contraband. so if you went to Walmart in PA and got a couple of bags of fireworks, 3 slingshots for the kids, a couple of CO2 powered B-B pistols, then stopped at a beer outlet for a few cases of cold Yuengling ale, a couple of cartons of cigarettes at $65 a pop vs, $85 in NJ and get caught in a spot check while on the interstate driving home cold sober and 1 mph under the limit with your “goodies”, you will be in a heap of trouble. Those of us that were born in NJ learned early on that we were not supposed to have any fun here (#1 state for toxic waste superfund sites, and home of the eternally burning tire fire), so don’t go and try bringing any fun with you from across the border, it tain’t allowed.
I’ve heard stories about State Police pulling people over and finding fireworks. I imagine that if one were to put fireworks in the trunk of his or her car, than he/she could refuse a search. They can only search your car with probable cause, such as a receipt or fireworks lying in plain view. Now, they may try to trick you by saying things like “it’ll make it easier for you” but that how they trick you into consenting to a search.
Erik, I too live in NJ and feel your pain. One quick point, there is no “hollow point” ammo ban in the the Garden State as you suggest in paragraph one…just sayin…
No he’s right. It’s banned for concealed carry for being to “evil”
next they’ll be telling me that my custom spring pinball gun is illegal to lol
[note: the pinball gun is a lie]
Next they’ll be telling me that my spring loaded pinball gun that i made from an old arcade machine is illegal to carry too. lol.
[note: the spring loaded pinball gun is a joke and does not exist for retail or otherwise]
Great post Erik…
We talked with Attorney Evan Nappen on Gun For Hire Radio a few weeks ago about another case just like this–he was successfully defending. your readers can hear the episode here. http://gunforhireradio.com/podcasts/GFH_Episode_57.mp3
Like you, every week we bring truth to light about the lunacy of the gun laws, the failed anti-gun policies and trampling of our rights–and we have some fun doing it. Keep up the good work, we need more voices like yours.
Sandy Berardi, Executive Producer, Gun For Hire Radio
Gun For Hire Radio—the Voice of 1-Million New Jersey Gun Owners, is the Number-One rated talk show in the Nation. News, commentary, entertainment and education you won’t hear anywhere else. Listen, learn and laugh you’re ass off. GunForHireRadio.com
Can I get more info on this case? I would like to report it and see what we can do for him.
Thank you so much.
I will do my best to gather as much information on this case. Unfortunately, all I can get is my friend’s version of the story and the record of him being in jail. I will get back to you as soon as possible.
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