Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

... d) (count seventeen); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39- 5(b) (counts nine, sixteen, forty, forty-five, and fifty-nine); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count eighteen); second- 1 The racketeering conspiracy count was ... 4(a), and possession of a firearm without a permit, N.J.S.A. 2C:39-5(b), were charged in counts four, five, eight, nine, fifteen ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

2 State of New Jersey v. James Grate -- rank: 993

... considers (1) whether the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5(e)(1) applies to both the possession of the firearm ... s presence at an educational institution; (2) the constitutionality of N.J.S.A. 2C:39-5(i)’s mandatory minimum sentence in light of in ... various offenses, including second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), and third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1). With regard to the latter, the trial judge ... The court also ordered mandatory five-year parole disqualifiers under N.J.S.A. 2C:39-5(i), finding it substantially likely that defendants were involved in ... 2013). HELD : (1) In order to prove a violation of N.J.S.A. 2C:39-5(e)(1), the State must prove beyond a reasonable ...

docket:	A-47-13
court:	NJ Supreme Court
decided:	2015-01-15
status:
citation:	220 N.J. 317 106 A.3d 466
Document Size:	95379

3 Statev. Crisoforo Montalvo -- rank: 892

... and fourth-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(d) (Count Two). Montalvo was tried before a jury. When ... The judge primarily relied upon the Model Jury Charge for N.J.S.A. 2C:39-5(d). The judge did not add a self-defense instruction ... unjust result in this matter, they constitute plain error. 1. N.J.S.A. 2C:39-5(d) states that “[a]ny person who knowingly has ... defense does not excuse the possession of a weapon under N.J.S.A. 2C:39-5(d) except “in those rare and momentary circumstances where ... of events the jury relied upon to convict Montalvo under N.J.S.A. 2C:39-5(d), and the Court will not speculate about the foundations ... Criminal Jury Charges to review and revise the charge for N.J.S.A. 2C:39-5(d). A modified jury instruction is necessary to clarify ...

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

4 STATE OF NEW JERSEY v. ZAIRE J. CROMEDY -- rank: 877

... unlawful possession of a handgun without a permit, pursuant to N.J.S.A. 2C:39- - 5(b)(1) and N.J.S.A. 2C:39-5(j). Because defendant was previously convicted of charges subject to ... from a second- to a first-degree offense pursuant to N.J.S.A. 2C:39-5(j). The Graves Act, N.J.S.A. 2C:43 ... conviction. He argues the Graves Act does not apply to N.J.S.A. 2C:39-5(j). We hold N.J.S.A. 2C:39-5(j) is a grading statute that enhances the degree of ... NERA who are later convicted of a firearms offense under N.J.S.A. 2C:39-5(a), (b), (c), or (f), to enhanced sentencing under ...

docket:	a1145-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-04
status:	Published
citation:
Document Size:	40834

5 State v. Kevin Jerome Hudson -- rank: 861

... degree unlawful possession of a weapon (Count 15) contrary to N.J.S.A. 2C:39-5(d). Both counts related to the February 8, 2006 incident ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

6 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 854

... public places where the obligation to show justifiable need pertains, N.J.S.A. 2C:39-5, -6). On those assumptions, we conclude that intermediate scrutiny is ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

7 STATE OF NEW JERSEY v. LEON MACK -- rank: 803

... Public Defender, of counsel and on the brief). ER CURIAM N.J.S.A. 2C:39-5(j) provides that the commission of certain weapons offenses by ... degree crime. The question presented on this appeal is whether N.J.S.A. 2C:39-5(j) is a substantive statute identifying a separate crime, or a sentencing enhancement provision. We hold that N.J.S.A. 2C:39-5(j) is a substantive statute identifying a separate crime subject ... first-degree unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5(j). Indictment No. 16-02-0235 charged defendant with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); fourth-degree possession of a defaced weapon, N.J ... aggravated assault, did not subject him to a charge under N.J.S.A. 2C:39-5(j) because NERA was not enacted until 1997. The ...

docket:	a3423-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-11
status:	unpublished
citation:
Document Size:	24513

8 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 783

... 6(e) ('Nothing in subsections b., c., and d. of N.J.S.A. 2C:39-5 shall be construed to prevent a person keeping or carrying ... who possesses a gun in his home . . . does not violate N.J.S.A. 2C:39-5 because under N.J.S.A. 2C:39-6(e ... not carrying it.'). Put simply, defendant is not prohibited by N.J.S.A. 2C:39-5 from possessing and carrying a firearm within his residence, and ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

9 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 783

... use the firearm unlawfully. The 'simple' unlawful possession offense in N.J.S.A. 2C:39-5 was not only added 10 The Graves Act now applies ... a machine gun, handgun, rifle or shotgun, or assault firearm, N.J.S.A. 2C:39-5(a), (b), (c), (f); certain persons not to have weapons ... different position from a defendant charged with a violation of N.J.S.A. 2C:39-5. The Legislature has recognized that given the violence associated with ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

10 Eric Morillo v. Monmouth County Sheriff Officers -- rank: 767

... have charged plaintiff with unlawful possession of a handgun under N.J.S.A. 2C:39-5(b)(1). Plaintiff claims that the statutory exemption from prosecution ... brought against plaintiff for unlawful possession of a weapon under N.J.S.A. 2C:39-5(b)(1). The charge was later administratively dismissed. For the ... and circumstances involved in charging plaintiff with a violation of N.J.S.A. 2C:39-5(b)(1), there was neither a knowing violation of law ... Plaintiff was charged with unlawful possession of a handgun under N.J.S.A. 2C:39-5(b)(1), which provides: “Any person who knowingly has ... that [n]othing in subsections b., c. and d. of [ N.J.S.A. ] 2C:39-5 shall be construed to prevent a person keeping or carrying ... in the decision to charge plaintiff with a violation of N.J.S.A. 2C:39-5(b)(1). The relevant facts as contained in the ...

docket:	A-88-13
court:	NJ Supreme Court
decided:	2015-07-13
status:
citation:	222 N.J. 104 117 A.3d 1206
Document Size:	89788

11 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 765

... finds . . . Fox knowingly possessed the assault firearm in violation of N.J.S.A. 2C:39- 5(f).[3] To prove that [Fox] 'knowingly possessed' an assault ... was at his father's house. [Fox] knew that 3 N.J.S.A. 2C:39-5(f) states, in part: '[a]ny person who knowingly has ... of N.J.S.A. 2C:39-l(w) and N.J.S.A. 2C:39-5(f)[,] and . . . it cannot be returned to him because it ... finds . . . Ricciardi knowingly possessed the assault firearm in violation of N.J.S.A. 2C:39-5(f). To prove that [Ricciardi] 'knowingly possessed' an assault firearm ... A. 2C:39-l(w) and A-3418-21 14 N.J.S.A. 2C:39-5(f) and that it cannot be returned to him because ... 2015) (citing N.J.S.A. 2C:39-1(w), N.J.S.A. 2C:39-5(f) and N.J.S.A. 2C:64-1( ...

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

12 Statev. Dasean Harper -- rank: 745

... Court agrees with that sound analysis. (pp. 13-14) 5. N.J.S.A. 2C:39-5(b) makes it an offense to possess a handgun � ... things: (1) that he possessed a handgun in violation of N.J.S.A. 2C:39-5(b) or (c) “on the effective date of this ... charged defendant with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count One), and fourth-degree possession of hollow-point ... who has in his possession a handgun in violation of [ N.J.S.A. 2C:39-5(b)] or a rifle or shotgun in violation of [ N.J.S.A. 2C:39-5(c)] on the effective date of this act may retain ... 117, § 3. The amnesty provision referenced two other statutes. N.J.S.A. 2C:39-5 makes it an offense to possess certain types of ...

docket:	A-74-15
court:	NJ Supreme Court
decided:	2017-06-05
status:
citation:	229 N.J. 228 160 A.3d 1281
Document Size:	59559

13 /usr/local/share/www/libweb/collections/courts/appellate/a5991-17.opn.html -- rank: 734

... 4(a); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). A-5991-17T1 2 On January 4, 2002, the ... 4(a); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). The State applied for a mandatory extended term under ...

docket:
court:
decided:
status:
citation:
Document Size:	36352

14 /usr/local/share/www/libweb/collections/courts/supreme/a0062-14.opn.html -- rank: 732

... an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:39-5(b); second-degree possession of a weapon for an unlawful ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64883

15 State v. Jonathan Mercedes -- rank: 732

... 4(a)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); and conspiracy to commit robbery, N.J.S ... 4(a)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); and second- degree possession of a firearm after ...

docket:	a_6_7_17
court:	NJ Supreme Court
decided:	2018-05-01
status:
citation:
Document Size:	82199