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61 of New Jersey v. Derrick Wayne Rose -- rank: 656

... eight counts of fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); three counts of first-degree kidnapping, N.J.S ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

62 STATE V. BOBBY LEE BROWN -- rank: 656

Original WP 5.1 Version This case can also be found at 138 N.J. 481. SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved ...

docket:	a-20-93
court:	njsupreme
decided:	1994-12-21
status:
citation:	138 N.J. 481
Document Size:	257909

63 STATE OF NEW JERSEY v. LEE M. TRAVERS -- rank: 656

... b)(1), and second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and was sentenced pursuant to a plea agreement to ... Count Nine), and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count Ten). He was acquitted of the charges against ... J.S.A. 2C:12-1(b)(2) and (4); N.J.S.A. 2C:39-5(b). Therefore, by considering defendant's intent as an aggravating ...

docket:	a3277-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-02
status:	Unpublished
citation:
Document Size:	40608

64 State v. Kalil Cooper -- rank: 656

... section 1 [N.J.S.A. 2C:39- 4.1]; N.J.S.A. 2C:39-5; or N.J.S.A. 2C:39-9. The promoting ...

docket:	a_35_22
court:	supreme
decided:	2024-03-26
status:	Published
citation:
Document Size:	47421

65 State v. Carlton Harris -- rank: 656

... 35, defendant was indicted for possession of an assault firearm, N.J.S.A. 2C:39-5(f), a crime of the second degree; possession of a loaded rifle, N.J.S.A. 2C:39-5(c)(2), a crime of the third degree; five counts ... fourth degree; unlawful possession of a firearm, a stolen revolver, N.J.S.A. 2C:39-5(b), a crime of the second degree; receiving stolen property ... indicted for unlawful possession of an assault weapon pursuant to N.J.S.A. 2C:39-5(f). Id. at 154. The trial court granted the defendantâ ... bullet in its chamber, which supports the charge of violating N.J.S.A. 2C:39-5(c)(2). N.J.S.A. 2C:39-1 does ...

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

66 STATE OF NEW JERSEY v. CHRISTOPHER KIM -- rank: 654

... Christopher Kim with second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Because our review of the record convinces ... detectives, and they conversed in the 'house driveway area.' 1 N.J.S.A. 2C:39-5(b) provides: Handguns. (1) Any person who knowingly has in ... e) provides: 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 ... instructed on the elements of unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), as well as 5 District of Columbia v. Heller ... s possession of a gun outside his apartment would violate N.J.S.A. 2C:39-5(b)). Morillo, 222 N.J. at 122-23. 10 A ... defendant's unlawful possession of the pistol in violation of N.J.S.A. 2C:39-5(b). The only issue is whether defendant's entitlement ...

docket:	a0809-17
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-21
status:
citation:
Document Size:	29147

67 IN THE MATTER OF D.L.B. -- rank: 654

... or others, and because it would have been unlawful, see N.J.S.A. 2C:39-5(b)(1) (stating '[a]ny person who knowingly has in ...

docket:	a1035-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-14
status:	Published
citation:
Document Size:	57683

68 STATE OF NEW JERSEY v. KARLTON L. BAILEY -- rank: 651

... five, and third-degree possession of a firearm pursuant to N.J.S.A. 2C:39-5(b) as a lesser-included offense under count four. It ... count four. When the events charged in the indictment occurred, N.J.S.A. 2C:39-5(b) provided: Any person who knowingly has in his possession ... a person it is a crime of the third degree. [ N.J.S.A. 2C:39-5(b) (enacted as L. 2013, c. 113, effective Aug. 8 ...

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

69 State v. William L. Witt -- rank: 651

... an indictment with second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon by a ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557

70 State v. Melvin T. Dickerson -- rank: 651

... 7) second- 4 degree unlawful possession of a machine gun, N.J.S.A. 2C:39- 5(a); 8) second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); and 9) fourth-degree unlawful possession of a ...

docket:	a_1_17
court:	NJ Supreme Court
decided:	2018-02-05
status:
citation:
Document Size:	78950

71 STATE OF NEW JERSEY v. DANA R. JOHNSON -- rank: 651

... one); second-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b)(1) (count two); and fourth-degree aggravated assault by ... COUNT TWO, POSSESSION OF A GUN WITHOUT A PERMIT UNDER N.J.S.A. 2C:39-5(b)(1). POINT II THE COURT ERRED BY FAILING TO ... who carries a concealed weapon without a permit to prosecution. N.J.S.A. 2C:39- 5(b).7 See In re Preis, 118 N.J. 564 ... their official duties' are exempt from the criminal provisions of N.J.S.A. 2C:39-5. Defendant did not rely on that provision in her motion ... at 98).8 Thus, we are satisfied that LEOSA preempts N.J.S.A. 2C:39-5(b)(1). If we were to interpret LEOSA as the ... carry a concealed firearm without being subject to prosecution under N.J.S.A. 2C:39-5(b)(1). To import an 'on-duty' requirement to ...

docket:	a5622-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-01
status:	Unpublished
citation:
Document Size:	48412

72 STATE OF NEW JERSEY v. RODNEY SMILEY -- rank: 647

... a) (count three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (counts four and five); second-degree witness tampering, N ... certain crimes; penalties)], subsection a., b., c., or f. of N.J.S.[A.] 2C:39-5 [(Unlawful possession of weapons)], subsection a. or paragraph (2) or ...

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

73 STATE OF NEW JERSEY v. TENNEYSON D FAIRCLOUGH -- rank: 647

... a) (count five); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:58-4 (count ... IS INVALID BECAUSE IT INCLUDED A PLEA OF GUILTY TO N.J.S.A. 2C:39-5[(B)] WHICH IS UNCONSTITUTIONALLY OVERBROAD[.] (NOT RAISED BELOW). POINT II – ASSUMING ARGUENDO THAT N.J.S.A. 2C:39-5[(B)] IS NOT UNCONSTITUTIONAL ON ITS FACE, DEFENDANT'S PLEA ... RELATED TO SELF-DEFENSE[.] (NOT RAISED BELOW). POINT III – N.J.S.A. 2C:39-5[(B)] IS UNCONSTITUTIONALLY VAGUE AS APPLIED TO DEFENDANT[.] (NOT RAISED ... time on appeal that 'his plea bargain is invalid' because N.J.S.A. 2C:39-5(b) is 'facially unconstitutional,' and is 'unconstitutionally vague as applied ... 142 S. Ct. 2111 (2022), arguing that inasmuch as 4 N.J.S.A. 2C:39-5(b) provides that '[a]ny person who knowingly has ...

docket:	a3677-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-26
status:	Unpublished
citation:
Document Size:	37837

74 /usr/local/share/www/libweb/collections/courts/appellate/a1819-19.opn.html -- rank: 647

... DEFENDANT'S FOURTH[-]DEGREE UNLAWFUL POSSESSION OF A WEAPON, (KNIFE) [N.J.S.A.] 2C:39-5(d) CONVICTION INTO THE SECOND[-] DEGREE BURGLARY, [ N.J.S ... 4(d); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). At defendant's sentencing, the trial court judge merged ... that generally, convictions for the unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) and convictions for possession of a weapon for an ... defendant's guilt. Rather, the 'proof required for conviction under N.J.S.A. 2C:39-5(d) is the knowing possession of a weapon under circumstances ... prove an unlawful purpose.'' Ibid. Therefore, 'all the elements of N.J.S.A. 2C:39-5(d) are part of the proof necessary to establish a ...

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court:
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Document Size:	49794

75 STATE OF NEW JERSEY v. PAULINO NJANGO -- rank: 647

... 12-3(a); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); and third-degree possession of a weapon for an ... 1(b)(1); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for an unlawful ...

docket:	a1400-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	23177