Author Topic: New Jersey Actor Faces Jail Time over Possession of Air Pistol during Movie Sho  (Read 4971 times)

MechAg94

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https://www.nraila.org/articles/20160129/new-jersey-actor-faces-jail-time-over-possession-of-air-pistol-during-movie-shoot

Felony jail time possible for possession of a pellet gun.   :O
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Carlo got the part.  No pay, just an acting credit. And, as it turns out, the possibility that he could do 5-10 years behind bars.  All because of a shoot back in November.  Carlo described it to me.

“Our scene was a simulated car chase scene. We just drove around the neighborhood. I’m pretending I’m shooting with the recoil, with a pellet gun. I guess people in the neighborhood saw that. They call the police. We get back and we’re surrounded by cop cars!”

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New Jersey has one of the toughest gun control laws in the country.  Even a bb gun is treated like a real weapon under the Graves Act, a bill named after former State Senator and Paterson mayor Frank Graves.

“Now because of that I’m looking at 5 years because it’s a second degree crime. 5 to 10 years actually.”
Wow.  Another reminder to never travel to or through that state.  
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TechMan

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Kind of wish NJ would fall off the continent.
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RoadKingLarry

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*expletive deleted*ck a bunch of New Jersey.
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JN01

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Another example of common sense gun laws.

T.O.M.

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First, I agree the laws are dumb here, but...

Sounds to me like they were filming this proect with no permits, and with no notice to law enforcement or anyone else.  I took part in a student film once, and they informed law enforcement and everyone who lived in the area where they were filming so no one would panic when there were a bunch of people running around in Army uniforms with guns, and the police didn't show up with an aggressive response if they were called.  Should have done this here.  I hope someone with a brain sees this situation for what it is, and not treat it as a real crime.
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MechAg94

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I agree that they did not notify anyone or get permits.  I also noticed that it appears the actor is getting stuck with the consequences (jail time and costs).  If he ends up getting screwed over (even worse) out of this, I hope he sues everyone who set it up and was responsible for permits and notifications. 

What does New Jersey law say about just handing someone a pellet gun?  Is transferring a pellet gun a crime also. 
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Calumus

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What does New Jersey law say about just handing someone a pellet gun?  Is transferring a pellet gun a crime also. 

They're treated as firearms. A pellet rifle requires a firearms ID card, a pistol requires a purchaser's permit for each one bought.

230RN

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I wonder if this could turn into another Shaneen Allen case.

http://www.guns.com/2015/04/03/nj-governor-pardons-philly-mom-who-crossed-border-with-gun-video/

From what I can gather, it was the weight of outrage coming at New Jersey from across the country which led to the pardon.
WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

MechAg94

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I remember Tom Gresham talking about Shaneen Allen on his show.  I think someone even raised some money and got billboards put up on the commuter highways slamming New Jersey and Chris Christie over the issue.

 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

Scout26

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"Carlo" does not sound like the first name of a black single mother....

Therefore he does not register on the sympathy meter...
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for the motherland.

wmenorr67

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As for Shaneen, I really don't have any sympathy for her.  She didn't accidently take the pistol with her.  She knowingly crossed state lines with it in her possession.  If she is too ignorant to learn the laws of the places she is going to travel, then maybe Pennsylvania should revoke her CCW.

As for this guy, it appears that the producers have thrown him under the bus if they didn't try to get the right permits.
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MechAg94

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As for Shaneen, I really don't have any sympathy for her.  She didn't accidently take the pistol with her.  She knowingly crossed state lines with it in her possession.  If she is too ignorant to learn the laws of the places she is going to travel, then maybe Pennsylvania should revoke her CCW.

As for this guy, it appears that the producers have thrown him under the bus if they didn't try to get the right permits.
But the punishment for making a mistake crossing state lines like that should not be multiple years in prison (or any prison really) especially when there was obviously no criminal intent. 

I agree on the actor.  That part almost stands out more to me than the stupid laws.  I am curious if they even bothered to prosecute the producer for transferring the pellet gun. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

230RN

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I also wondered about the source for the pellet pistol.  Was it legally purchased in-State, or brought in illegally, or what?

Were "transfer" paperwork and permits required for the actor to receive the pellet gun?

Any way you look at it, though, those NJ laws regarding "firearms" are onerous and overbearing, going far behind any compelling interest of the State and should be reviewed with a stern eye.

I suspect even Dennis The Menace could be thrown in the pokey for the slingshot in his back pocket.

Terry, 230RN

WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

Calumus

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I suspect even Dennis The Menace could be thrown in the pokey for the slingshot in his back pocket.
Terry, 230RN

http://www.nj.com/politics/index.ssf/2015/05/the_bart_simpson_law_assemblyman_wants_to_decrimin.html

230RN

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http://www.nj.com/politics/index.ssf/2015/05/the_bart_simpson_law_assemblyman_wants_to_decrimin.html

From that link:

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Under state law, manufacturing, transporting or possessing a slingshot without "an explainable, lawful purpose" is a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000.

Egad !

What's also interesting in that link is that supposedly, "slingshot" was a misprint:

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"Slingshots became banned in New Jersey when the law was adopted because some idiot didn't know the difference between a 'slungshot' and a slingshot," reads a passage from the book quoted on Spy's website. "Originally the prohibition was to be for 'slungshots' which is something similar to a blackjack and primarily used for hitting people on the head. Unfortunately some legislative geek changed the 'U' to an 'I' and slingshot became a 'per se weapon.'"

Dancer said he was skeptical of that claim at first, and had a staffer at the Office of Legislative Services research it. Turns out, he said, Nappen was right.

"In 1978, the law was amended and there was the term 'slungshot.' There was a typographical script error. It turned out to be slingshot in the reprint of the bill," Dancer said.

Shades of "Let's pass this bill so we can know what's in it."

I wasn't really serious about Dennis The Menace's slingshot, but maybe I ought to be, in light of that actor's plight with the pellet (or AirSoft) pistol.

Terry, 230RN

WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

MechAg94

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I have never before heard the term "slungshot". 
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KD5NRH

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I have never before heard the term "slungshot".

Still relatively common in coastal areas, owing to the origin of both the device and term.  Elsewhere, they're generally just called "keychains," as an excuse for the cops to harass people over a "dangerous weapon" that plenty of us have without criminal intent.

230RN

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Had to mull "slungshot," over a bit, which is why I said supposedly it was a misprint.  Had never heard of it before, either, so thanks.

Vernacular words are funny, like "sap" for a blackjack.  Where did that come from? 


WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

JN01

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Had to mull "slungshot," over a bit, which is why I said supposedly it was a misprint.  Had never heard of it before, either, so thanks.

Vernacular words are funny, like "sap" for a blackjack.  Where did that come from? 




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