Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 1000

... missile, or bullet . . . by means of a cartridge or shell . . . .' N.J.S.A. 2C:39-1(f). Defendant argued before the motion court that the State ... satisfy its burden of proving it was a firearm under N.J.S.A. 2C:39-1(f). State v. Gantt, 101 N.J. 573, 582-84 ... sense of an instrument designed to fire a projectile' under N.J.S.A. 2C:39-1(f). Id. at 591. So too here, X.D.'s ... support a reasonable inference the gun constituted a firearm under N.J.S.A. 2C:39-1(f). In sum, based on our review of the trial ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

2 State v. Nance/Bolton/Williams -- rank: 987

... or was in possession of a firearm as defined in [ N.J.S.A. ] 2C:39-1(f).” Des Marets , supra , 92 N.J. at 64 ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

3 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 974

... receiver), or the Springfield . . . is an '[a]ssault firearm' under N.J.S.[A.] 2C:39-1[(w)].[1] If the [c]ourt determines that either rifle is prohibited under N.J.S.[A.] 2C:39- 1[(w)], then the State's [w]eapons [f]orfeiture motion ... the [c]ourt determines that neither rifle is prohibited under N.J.S.[A.] 2C:39-1[(w)], then the State's [w]eapons [f]orfeiture motion ... 1 Firearms classified as prohibited 'assault firearms' are itemized under N.J.S.A. 2C:39-1(w)(1). Additionally, '[a]ny firearm manufactured under any designation ... is substantially identical to any of the firearms listed [under N.J.S.A. 2C:39-1(w)(1)]' is considered a prohibited '[a]ssault firearm.' N.J.S.A. 2C:39-1(w)(2). A-3418-21 4 warrant, they seized ...

docket:	a3418-21a3419-21
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	47917

4 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 968

... fed continuously and directly therefrom into a semi-automatic firearm." N.J.S.A. 2C:39-1(y). i. We start with Brian's assertion that it ... with the definition of a "large capacity ammunition magazine" in N.J.S.A. 2C:39-1(y) . Joy testified that both magazine's were marked as ... directly therefrom into a semi-automatic firearm" as required by N.J.S.A. 2C:39-1(y). Joy conceded that he did not insert the magazines ... of the definition of a "large capacity ammunition magazine" in N.J.S.A. 2C:39-1(y). Although Joy was qualified to testify that they held ... or dum-dum bullet[s]." Neither term is defined in N.J.S.A. 2C:39-1, which is the definitional section of the Title 2C chapter ...

docket:	a0467-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	91619

5 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 930

... or was in possession of a firearm as defined in [ N.J.S.A. 2C:39-1(f)], shall be sentenced to a term of imprisonment by ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

6 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 930

... or was in possession of a firearm as defined in [ N.J.S.A. 2C:39-1(f)], shall be sentenced to a term of imprisonment by ...

docket:	a5996-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

7 State v. Carlton Harris -- rank: 898

... Carbine, which is classified as an “assault firearm” under N.J.S.A. 2C:39-1(w)(1). Id. at 156. The defendant was indicted for ... of an abundance of caution, we concur in this approach. N.J.S.A. 2C:39-1(w) defines assault firearms. The record before us does not ... violating N.J.S.A. 2C:39-5(c)(2). N.J.S.A. 2C:39-1 does not list specifically a Cetme .308 within its list ... substantially identical to any of the firearms listed above.” N.J.S.A. 2C:39-1(w)(2). The record is silent whether the Cetme .308 ... identifiable merely from visual inspection, as an automatic assault rifle. N.J.S.A. 2C:39-1(y) defines a large capacity ammunition magazine as one � ...

docket:	A-111-10
court:	NJ Supreme Court
decided:	2012-08-16
status:
citation:
Document Size:	148149

8 /usr/local/share/www/libweb/collections/courts/appellate/a1136-17.opn.html -- rank: 878

... inch in diameter, with sufficient force to injure a person. [N.J.S.A. 2C: 39-1(f).] The same definition of firearm applies to aggravated assault ... loaded.' N.J.S.A. 2C:12-1(b)(4); N.J.S.A. 2C:39-1(f). A BB gun is a firearm within the definition of N.J.S.A. 2C: 39-1(f). State v. Mieles, 199 N.J. Super. 29, 37 ... was real and therefore a firearm within the meaning of N.J.S.A. 2C:39-1(f).' Ibid. Therefore, the trial court did not err by ... wielded during the incident was a firearm as defined by N.J.S.A. 2C:39-1(f). Charles asserts that if the State failed to prove ...

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Document Size:	56362

9 /usr/local/share/www/libweb/collections/courts/appellate/a5556-17.opn.html -- rank: 878

... inch in diameter, with sufficient force to injure a person. [N.J.S.A. 2C: 39-1(f).] The same definition of firearm applies to aggravated assault ... loaded.' N.J.S.A. 2C:12-1(b)(4); N.J.S.A. 2C:39-1(f). A BB gun is a firearm within the definition of N.J.S.A. 2C: 39-1(f). State v. Mieles, 199 N.J. Super. 29, 37 ... was real and therefore a firearm within the meaning of N.J.S.A. 2C:39-1(f).' Ibid. Therefore, the trial court did not err by ...

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Document Size:	72682

10 STATE OF NEW JERSEY v. KESHAWN COLEMAN -- rank: 860

... a handgun is both a "weapon" and a "firearm." See N.J.S.A. 2C:39-1(f) (defining a firearm), -1(r) (defining a weapon). The ...

docket:	a1752-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-03
status:	unpublished
citation:
Document Size:	66569

11 STATE OF NEW JERSEY v. KARLTON L. BAILEY -- rank: 857

... or device reasonably capable of being mistaken for a firearm." N.J.S.A. 2C:39-1(v). However, an imitation firearm is qualitatively different than a "firearm," N.J.S.A. 2C:39-1(f), or a "handgun," N.J.S.A. 2C:39-1(k), both of which require that the device be capable ... an explosive or the igniting of flammable or explosive substances." N.J.S.A. 2C:39-1(f). Contrary to the assertion in defendant's brief, the ... or bullet, or any gas, vapor or other noxious thing[.]" N.J.S.A. 2C:39-1(f). A toy gun, therefore, is not a firearm. State ...

docket:	a2298-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	unpublished
citation:
Document Size:	53681

12 STATE OF NEW JERSEY v. NAFEISHA T. BROWN -- rank: 847

... ALLEGED "WEAPON," A CAN OF DOG REPELLENT, FAILS TO SATISFY N.J.S.A. 2C:39-1'S REQUIREMENT THAT A "WEAPON" BE "READILY CAPABLE OF LETHAL ... injury through being vaporized or otherwise dispensed in the air. [ N.J.S.A. 2C:39-1(r).] Defendant asserts this definition contains "an irreconcilable conflict in ... injury" as blanket statement covering all objects with such capabilities. N.J.S.A. 2C:39-1(r). The statute then provides a non-exclusive list of ... N.J. Super. 399 , 405-06 (App. Div. 2003) (noting N.J.S.A. 2C:39-1(r) includes items capable of lethal use or serious injury ... failed to prove she possessed a weapon as defined by N.J.S.A. 2C:39-1(r). Defendant previously raised this argument before the trial judge ... not have the capacity to cause serious bodily injury. See N.J.S.A. 2C:39-1(r). Indeed, the officers' testimony at trial showed the ...

docket:	a2037-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-02
status:	unpublished
citation:
Document Size:	36531

13 STATE OF NEW JERSEY v. TORRENCE THOMPSON -- rank: 844

... operable as a "firearm," as that term is defined in N.J.S.A. 2C:39-1(f). We disagree. The State presented sufficient evidence which established ... handgun Adams recovered met the definition of a "firearm" under N.J.S.A. 2C:39-1(f). Although Storey testified that the gun was operable, such ... find the handgun was not a "firearm" as defined in N.J.S.A. 2C:39-1(f). Even if it did, the evidence would not warrant ...

docket:	a4194-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	38404

14 STATE OF NEW JERSEY v. RODNEY SMILEY -- rank: 836

... or was in possession of a firearm as defined in [N.J.S.A.] 2C:39-1[(f)], shall be sentenced to a term of imprisonment by ...

docket:	a1648-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-22
status:	Unpublished
citation:
Document Size:	56940

15 Statev. Crisoforo Montalvo -- rank: 831

... machete constitutes a “weapon” within this statutory scheme. See N.J.S.A. 2C:39-1(r) (defining weapon as “anything readily capable of lethal ...

docket:	A-76-15
court:	NJ Supreme Court
decided:	2005-04-18
status:
citation:	229 N.J. 300 162 A.3d 270
Document Size:	89425