Man in ironmask
Junior Member
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?
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?