Arrested for possesion of replica gun

[Man in ironmask]

What is the name of your state (only U.S. law)? New Jersey
Today i was arrested in the state of new jersey for posession of a replica firearms. I will regress a little, I am 18 years of age and was driving my vehicle as my friend held my airsoft pistol in view of a car to our rear. The witness saw the gun, reported it to the police and i was arrested for knowingly possessing an imitation firearm under circumstances that would lead a person to reasonably believe that it was possesed for an unlawful purpose. My research found..POSSESSION OF AN IMITATION FIREARM FOR UNLAWFUL PURPOSE
(N.J.S.A. 2C:39-4(e))
The ___________ count of the Indictment charges the defendant, _________________, with the crime of possession of an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose. The statute on which this count of the Indictment is based reads in pertinent part:
Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime.
In order for you to find the defendant guilty of this charge, the State has the burden of proving beyond a reasonable doubt each of the following four elements of this crime:
1. Exhibit S- is an imitation firearm.
2. Defendant possessed S- , the alleged imitation firearm.
3. Defendant possessed the imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose.
4. Defendant knew that an observer would reasonably believe that the imitation firearm was possessed for an unlawful purpose.


Based on # 4... my friend and i never knew that an observer would reasonably believe we possesed for unlawful purpose

Any Suggestions?

[racer72]

Based on # 4... my friend and i never knew that an observer would reasonably believe we possesed for unlawful purpose

Ever hear the phrase "Ignorance of the law is no excuse"?

You need an attorney.

[positronix1022]

Originally Posted by Man in ironmask

I am 18 years of age and was driving my vehicle as my friend held my airsoft pistol in view of a car to our rear.

...my friend and i never knew that an observer would reasonably believe we possesed for unlawful purpose

Right... your friend just happened to be waving a gun at another car and didn't think there was anything wrong with that. This sounds like a road rage incident.

[Man in ironmask]

He wasn't waving the gun around, pointing it at another person, or intending to intimidate anyone whatsoever...shoot signs, at most.

[ERAUPIKE]

Originally Posted by Man in ironmask

He wasn't waving the gun around, pointing it at another person, or intending to intimidate anyone whatsoever...shoot signs, at most.

Which would have resulted in even more serious charges.

[CdwJava]

It appears that he brandished it in a manner intended to give others the impression it was an actual firearm. If a reasonable person would have viewed thi as a firearm, then it would appear the elements of the offense have been minimally met to justify the charge. Whether a DA will pursue this to trial is another question.

Your friend needs to consult a criminal defense attorney.

- Carl