Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 1000

... permit authorizing certain retired law enforcement officers to carry handguns. N.J.S.A. 2C:39-6 l (1)-(4). 1 These special carry permits may be ... LEOSA)], Pub. L. No. 108-277, domiciled in this State." N.J.S.A. 2C:39-6 l ; In re Casaleggio , 420 N.J. Super. 121, 128 ... permit laws, both requested a hearing in the Law Division. N.J.S.A. 2C:39-6 l (5) . After consolidating the cases and taking testimony, the ... 4d violates the Second Amendment ; 2) whether subsection l of N.J.S.A. 2C:39-6 arbitrarily distinguishes between eligible retired officers and others; 3) whether ... 39-5b inapplicable in a wide range of circumstances. See N.J.S.A. 2C:39-6 (codifying the exceptions). As a practical matter, the exceptions make ... where a good reason for having a handgun is apparent, N.J.S.A. 2C:39-6, a carry permit is necessary only if one wants ...

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

2 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 987

... keep a firearm in their residence or place of business, N.J.S.A. 2C:39-6(e), does not exempt criminal liability for a violation of ... commit a 23 The exemption from criminal liability established in N.J.S.A. 2C:39-6(e) applies only to N.J.S.A. 2C:35 ...

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

3 STATE OF NEW JERSEY v. BRETT J. LANDES -- rank: 907

... OF LIABILITY OF THE UNLAWFUL POSSESSION OFFENSE SET FORTH BY N.J.S.A. 2C:39-6 (Plain Error; Not Raised Below). POINT IV THE TRIAL COURT ... instructed the jury in accord with A-1053-19T3 16 N.J.S.A. 2C:39-6(f) and N.J.S.A. 2C:39-6(g), then the jury could have found defendant not guilty ... review under the plain error standard. R. 2:10-2. N.J.S.A. 2C:39-6 contemplates several exceptions to the unlawful possession of weapons statute ... A. 2C:39-5. Defendant contends all four exemptions in N.J.S.A. 2C:39-6(f) and the exemption in N.J.S.A. 2C:39-6(g) apply. N.J.S.A. 2C:39-6( ...

docket:	a1053-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-15
status:	Unpublished
citation:
Document Size:	58920

4 Eric Morillo v. Monmouth County Sheriff Officers -- rank: 876

... of business shall be deemed to be a fixed location. [ N.J.S.A. 2C:39-6(e) (emphasis added).] In this matter, we review the combined ... other land owned or possessed by him, any firearm . . . .” N.J.S.A. 2C:39-6(e). B. Plaintiff filed the instant complaint in the Law ... of a weapon in spite of the clear language of N.J.S.A. 2C:39-6(e). Because of the plain language of that statutory exemption ... own home at the time of his arrest and, therefore, N.J.S.A. 2C:39-6(e) and subsequent case law reasonably give rise to the ... of business shall be deemed to be a fixed location. [ N.J.S.A. 2C:39-6(e) (emphasis added).] According to its plain language, the exemption ... little case law interpreting or applying the statutory exemption in N.J.S.A. 2C:39-6(e). The pronouncements made by this Court clearly support ...

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

5 STATE OF NEW JERSEY v. HISASHI POMPEY -- rank: 845

... S.A. 2C:2-4(a). B. Defendant next invoked N.J.S.A. 2C:39-6(a)(1), which provides that the unlawful possession of a ... a nightclub did not constitute "traveling between places of duty." N.J.S.A. 2C:39-6(a)(1). To adopt defendant's argument would remove any ... in the manner prescribed by the appropriate military authorities." Ibid. N.J.S.A. 2C:39-6(a)(1), like its predecessor N.J.S.A. 2A ... there was no rational basis to charge the jury under N.J.S.A. 2C:39-6(a)(1). C. Defendant next invoked N.J.S.A. 2C:39-6(a)(2), which provides that the unlawful possession of a ... re Preis , 118 N.J. 564 , 569 (1990) (commenting that N.J.S.A. 2C:39-6(a) gives "federal-law-enforcement officers . . . authority to carry ...

docket:	a1003-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	unpublished
citation:
Document Size:	49131

6 STATE OF NEW JERSEY v. SHAWN REEVES -- rank: 832

... POINT II THE COURT ERRED IN INSTRUCTING THE JURY ON N.J.S.A. 2C:39-6, WHICH CREATES EXEMPTIONS FOR PEOPLE WITHOUT PERMITS TO TRANSPORT FIREARMS ... the legal requirements for transporting a firearm set forth in N.J.S.A. 2C:39-6. Before trial, defendant argued that the court should not charge the jury on exemptions set forth in N.J.S.A. 2C:39-6. Specifically, defendant argued to the trial court: The [c]ourt ... indicated that the [c]ourt believes that the requirements of [ N.J.S.A.] 2C:39-6(g) are applicable to this case. Judge, I have yet ... to any authority or any indication, any legal indication, that [N.J.S.A.] 2C:39[- 6](g) applies to [defendant]. As we stated in our brief, A-0921-20 12 Judge, the title of [ N.J.S.A.] 2C:39-6 is exemptions. It deals specifically -- the entire statute deals ...

docket:	a0921-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	47633

7 IN THE MATTER OF THE DENIAL OF THE APPLICATION OF GILES W. CASALEGGIO FOR A RETIRED LAW ENFORCEMENT OFFICER PERMIT TO CARRY A HANDGUN -- rank: 824

... Casaleggio contends that he qualifies for the permit pursuant to N.J.S.A. 2C:39-6(l) based on his prior employment as an assistant prosecutor ... Casaleggio appealed the denial to the Law Division pursuant to N.J.S.A. 2C:39-6(l)(5). Following a hearing, the court entered an order ... the omission of assistant prosecutors and deputy attorneys general from N.J.S.A. 2C:39-6(l) to be significant, particularly in light of the inclusion ... 926C. The court determined that the law, "as used within [ N.J.S.A. 2C:39-6(l)], does not create its own separate route for an ... applicant to receive a permit." The court also found that N.J.S.A. 2C:39-6(l)'s "specific, exclusive list of occupations" was consistent with ... enforcement officer entitled to a handgun carry permit pursuant to N.J.S.A. 2C:39-6(l). point two the court below incorrectly found that ...

docket:	a4924-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-16
status:	published
citation:	420 N.J. Super. 121 18 A.3d 1082
Document Size:	29717

8 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 786

... Marino v. Marino, 200 N.J. 315, 329 (2009)). Although N.J.S.A. 2C:39-6.2 provides for exceptions to mandatory minimum sentences, the only ... only applies to defendants under the escape valve provision of N.J.S.A. 2C:39-6(c). Because defendant is not within section 6(c), he ...

docket:	a1508-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	36321

9 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 768

... carry the three guns he had purchased in Colorado. However, N.J.S.A. 2C:39-6(e) contains exemptions to the permit requirement: Nothing in subsections ... place of business or residence and other when moving . . . . Because N.J.S.A. 2C:39-6(e) does not explicitly place the burden of producing evidence ... vague. He further contends that the moving exemption found in N.J.S.A. 2C:39-6(e) should be read into N.J.S.A. 2C ... of purchase to said dwelling or land . . . ." In contrast to N.J.S.A. 2C:39-6(e), which concerns exemptions with respect to the possession of ...

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

10 STATE OF NEW JERSEY v. CHRISTOPHER KIM -- rank: 762

... the grand jury regarding the 'possible exculpatory defense' contained in N.J.S.A. 2C:39-6(e),3 the exemption for possessing a weapon in one ... of business shall be deemed to be a fixed location. [N.J.S.A. 2C:39-6(e).] 4 A-0809-17T1 on the terms of the exemption contained in N.J.S.A. 2C:39-6(g),4 the provision dictating how a gun being transported ... he main issue in this case is the language of N.J.S.A. 2C:39-6(e) and in particular what that subsection permits a person ... on their own premises.' It determined 'that the text of N.J.S.A. 2C:39-6(e) permits a person to carry a firearm on her ... include only deviations as are reasonably necessary under the circumstances. [N.J.S.A. 2C:39-6(g).] 5 A-0809-17T1 handgun in question 'about ...

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

11 STATE OF NEW JERSEY v. LAVAR REYNOLDS -- rank: 760

... judge first reconsidered whether the exceptions in the State statute, N.J.S.A. 2C:39-6, allowed him to carry a firearm without a permit. The ... a firearm. Defendant argued he qualified for an exemption under N.J.S.A. 2C:39-6(c). A-5551-18T1 7 Specifically, defendant claimed the judge ... 15) and subsection (1) of the statute.3 We disagree. N.J.S.A. 2C:39-6(c) sets forth exemptions to N.J.S.A. 2C:39-5, requiring a permit to carry a handgun. N.J.S.A. 2C:39-6(c) reads in relevant part: (1) A special agent of ... an offense . . . . The judge found the exemptions set forth in N.J.S.A. 2C:39-6 did not apply to defendant. The judge explained he was ... 2C:39-5, it would have specifically referenced constables in N.J.S.A. 2C:39-6. The statute's legislative history also supports the judge' ...

docket:	a5551-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Unpublished
citation:
Document Size:	31962

12 STATE OF NEW JERSEY v. ANTONIO PRATTS -- rank: 755

... he argued that count one must be dismissed pursuant to N.J.S.A. 2C:39-6(e) (subsection (e)), which provides: Nothing in [N.J.S ... BE A REGISTERED GUEST'S 'RESIDENCE' FOR THE PURPOSES OF N.J.S.A. 2C:39-6(e) AND THAT [DEFENDANT] LACKED SUFFICIENT POSSESSORY INTEREST IN ROOM ... HOTEL ROOM IS A 'RESIDENCE' AND/OR . . . 'PREMISES' 'POSSESSED' UNDER N.J.S.A. 2C:39-6(e), THE STATE'S FAILURE TO INSTRUCT THE GRAND JURY ... gun control laws, subsection (e), like other exemptions contained in N.J.S.A. 2C:39-6, should be read narrowly. Cannel, N.J. Criminal Code Annotated, cmt. 5 on N.J.S.A. 2C:39-6 (2023) (citing State v. Rovito, 99 N.J. 581, 587 ... little case law interpreting or applying the statutory exemption in N.J.S.A. 2C:39-6(e).' Morillo v. Torres, 222 N.J. 104, 121 ( ...

docket:	a2262-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	32262

13 STATE OF NEW JERSEY v. JANELLE H. WEST, a/k/a JANELLE HELEN WEST -- rank: 729

... THE COURT ERRED IN FAILING TO INSTRUCT THE JURY ON N.J.S.A. 2C:39-6(e). THIS ERROR, WHEN RAISED, SHOULD HAVE REQURIED THE COURT ... the judge should have sua sponte charged the jury on N.J.S.A. 2C:39-6(e), which exempts any person who carries a firearm "about ... the appropriateness of a jury charge on the exemption in N.J.S.A. 2C:39-6(e). Because defendant did not raise this issue during the ... quoting State v. Chapland , 187 N.J. 275 , 289 (2006). N.J.S.A. 2C:39-6(e) is an ordinary defense in a prosecution for unlawful ... or from carrying the same, in the manner specified in [ N.J.S.A. 2C:39-6(g)], from any place of purchase to his residence or ... of business shall be deemed to be a fixed location. [ N.J.S.A. 2C:39-6(e).] In Morillo v. Torres , 222 N.J. 104 ( ...

docket:	a0649-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	28566

14 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 719

... rather than the right to possess firearms at home. See N.J.S.A. 2C:39-6(e) ('Nothing in subsections b., c., and d. of N ... 222 N.J. 104, 121 (2015) ('[T]he exemption [in N.J.S.A. 2C:39-6(e)] applies to possessing weapons inside one's dwelling or ... violate N.J.S.A. 2C:39-5 because under N.J.S.A. 2C:39-6(e), he is not carrying it.'). Put simply, defendant is ...

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

15 IN THE MATTER OF D.L.B. -- rank: 711

... a handgun to the target range if properly stored, see N.J.S.A. 2C:39-6(f)(3)(b), -6(g). But, according to Detective Morillo ...

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