Search Rutgers Law Library N.J. Court Opinions

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

... 146); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1) (count 213).3 Along with Fair, the jury ...

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status:	Unpublished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. ROBERT B. WIGGINS -- rank: 816

... 1), second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1), and two disorderly persons drug offenses, and the ... and second- degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1). Defendant was also charged with two disorderly persons ... acquittal on the certain-persons-not-to- possess-a-firearm, N.J.S.A. 2C:39-7(b)(1), charge. Defendant argued the predicate offense for his ... his Connecticut conviction for burglary was a comparable offense under N.J.S.A. 2C:39-7(c)2 had to be decided by the jury. He ... comparable' for purposes of having a necessary predicate conviction under N.J.S.A. 2C:39-7(c). The court rejected defendant's argument and found '[b ... common law meaning[,] . . . [a]nd both the New Jersey statute[, N.J.S.A. 2C:39- 7(c),] and Connecticut statute incorporate [the] common law . . . definition ...

docket:	a5138-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	100568

3 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 767

... person who, based on a prior conviction, is prohibited by N.J.S.A. 2C:39-7(b)(1) from possessing a handgun. He appeals his August ... person not to have a weapon due to prior conviction, N.J.S.A 2C:39-7(b) (count two); fourth-degree possessing a defaced firearm, N ... A-1508-18 two, certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1), and he was tried before a jury on ... have the mens rea to 4 A-1508-18 violate N.J.S.A. 2C:39-7(b) 'because he believed that there was some sort of ... 2, was denied. The court found that a conviction under N.J.S.A. 2C:39-7(b)(1) for a certain persons offense is not subject ... SITUATION TO AN 8 A-1508-18 ALLEGED VIOLATION OF N.J.S.A. 2C:39-7, THE TRIAL JUDGE SHOULD INSTRUCT THE JURY THAT DEFENDANT' ...

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status:	Unpublished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

4 STATE OF NEW JERSEY v. TORRENCE THOMPSON -- rank: 738

... persons not authorized to have a firearm, in violation of N.J.S.A. 2C:39-7(b)(1). Defendant appeals from the judgment of conviction entered ... persons not authorized to have a firearm, in violation of N.J.S.A. 2C:39-7(b)(1) (count two); third-degree hindering apprehension, in violation ... TO INSTRUCT THE JURY ON THE LESSER INCLUDED OFFENSE OF N.J.S.A. 2C:39-7[A] (POSSESSION OF A WEAPON BY CERTAIN PERSONS), VIOLATING DEFENDANT ... authorized to have a firearm, specifically a handgun, contrary to N.J.S.A. 2C:39-7(b)(1). The parties stipulated that defendant had a prior ... certain persons not permitted to possess a weapon, contrary to N.J.S.A. 2C:39-7(a). This argument was not raised in the trial court ... page[.]" State v. Denofa , 187 N.J. 24 , 442 (2006). N.J.S.A. 2C:39-7(b)(1) provides in pertinent part that a person ...

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

5 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 734

... person' refers to a person charged with a violation of N.J.S.A. 2C:39-7, which prohibits the possession of a firearm by a person ... listed in the statute. We note a defendant charged with N.J.S.A. 2C:39-7 is not eligible for a Graves Act waiver under N ... a), (b), (c), (f); certain persons not to have weapons, N.J.S.A. 2C:39-7(a), (b)(2), (b)(3); and manufacture, transport, disposition and ...

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

6 STATE OF NEW JERSEY v. TERRI BAILEY -- rank: 700

... three); second-degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b) (count four); and first-degree unlawful possession of a ... statute's structure is similar to the 'certain persons' statute, N.J.S.A. 2C:39-7(b)(1), which makes it a second-degree crime for ... virtually identical. We therefore look to case law developed under N.J.S.A. 2C:39-7(b)(1) in addressing defendant's arguments. Frequently, as in ... of a 5 As noted, defendant was indicted for violating N.J.S.A. 2C:39-7(b) in the dismissed count four of the indictment. A ... explaining what crimes are set forth as predicate offenses in N.J.S.A. 2C:39-7(b), the model jury charge further explains how to sanitize ... Jury Charges (Criminal), 'Certain Persons Not to Have Any Firearms (N.J.S.A. 2C:39-7(b)(1)' at 1 n.4 (rev. June 13, ...

docket:	a1513-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	48034

7 State v. William L. Witt -- rank: 698

... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). The police initiated a stop of defendant’s car ...

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

8 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 689

... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). 2 Daniel entered a guilty plea prior to trial ... twenty-nine, possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b); a concurrent ten-year term with a five-year ... thirty-one, possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b); and a concurrent five-year term with two and ... counts of possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b), and a five-year term with a two and ... proof that defendant was convicted of a crime listed in N.J.S.A. 2C:39-7(b). Each has a different element that the other does ... of N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:39-7(b) were not lesser-included offenses of each other); ...

docket:	a2227-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76421

9 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 689

... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). 2 Daniel entered a guilty plea prior to trial ... twenty-nine, possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b); a concurrent ten-year term with a five-year ... thirty-one, possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b); and a concurrent five-year term with two and ... counts of possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b), and a five-year term with a two and ... proof that defendant was convicted of a crime listed in N.J.S.A. 2C:39-7(b). Each has a different element that the other does ... of N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:39-7(b) were not lesser-included offenses of each other); ...

docket:	a1331-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76420

10 STATE OF NEW JERSEY v. MANUEL MAYAS -- rank: 689

... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). 2 Daniel entered a guilty plea prior to trial ... twenty-nine, possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b); a concurrent ten-year term with a five-year ... thirty-one, possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b); and a concurrent five-year term with two and ... counts of possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b), and a five-year term with a two and ... proof that defendant was convicted of a crime listed in N.J.S.A. 2C:39-7(b). Each has a different element that the other does ... of N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:39-7(b) were not lesser-included offenses of each other); ...

docket:	a5694-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	72166

11 State v. Karlton L. Bailey -- rank: 687

... conviction under the Certain Persons Not to Have Weapons Statute, N.J.S.A. 2C:39-7, when the redacted evidence prevented the jury from confirming that ... a firearm by certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b). A second indictment (Indictment 1317) charged defendant with robbery ... of the crime must be decided by the jury. Because N.J.S.A. 2C:39-7(b)(1) requires proof of a specific prior conviction, a ... conviction under the Certain Persons Not to Have Weapons Statute, N.J.S.A. 2C:39-7, when the redacted evidence prevented the jury from 1 confirming ... the statute. The “certain persons” subject to prosecution under N.J.S.A. 2C:39-7 are those who previously have been convicted of a particular ... a firearm by certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b). A second indictment (“Indictment 1317”), issued on ...

docket:	a_96_15
court:	NJ Supreme Court
decided:	2018-01-22
status:
citation:
Document Size:	51988

12 STATE OF NEW JERSEY v. DENNIS J. MUNOZ -- rank: 685

... and second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1).8 Following defendant's arrest, police searched his ...

docket:	a0130-19
court:	NJ Superior Court Appellate Division
decided:	2023-09-14
status:	Unpublished
citation:
Document Size:	138828

13 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 685

... eleven); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1) (count twelve).3 2 As we explain, the ... degree certain persons not to have a weapon, a handgun, N.J.S.A. 2C:39-7(b)(1) (count twelve). As noted, the jury found the ...

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

14 STATE OF NEW JERSEY v. AZIKWA RUSTIN STATE OF NEW JERSEY v. ALQUAN HARRIS STATE OF NEW JERSEY v. JOSEPH N. WRIGHT, a/k/a NORMAN BLACK, and CURTIS GORDON -- rank: 680

... certain persons not to have weapons, a 9mm Keltec handgun, N.J.S.A. 2C:39-7(b)(1), due to prior convictions, and second-degree certain persons not to have weapons, a handgun, N.J.S.A. 2C:39-7(b)(1), due to prior convictions. Wright was also separately ... have weapons, a 9mm Keltec handgun, due to prior convictions, N.J.S.A. 2C:39-7(b)(1); and second-degree certain persons not to have weapons, a handgun, due to prior convictions, N.J.S.A. 2C:39-7(b)(1). A-2241-18T2 5 Defendants moved to suppress ... he received on the certain persons convictions were illegal because N.J.S.A. 2C:39-7(b) provides that any sentence on those counts must include ...

docket:	a2241-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
citation:
Document Size:	48508

15 State v. Darius J. Carter -- rank: 676

... a weapon by a person not permitted to do so, N.J.S.A. 2C:39- 7(b)(1). The trial court sentenced him to five years� ...

docket:	a-66-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101517