|
A North Jersey 19 year old is facing a mandatory
3 year sentence and possibly up to 10 years for violating New Jersey's tough
firearms regulations. His heinous crime didn't involve just any gun
though. Generally, there are three
types of guns the anti-gun fanatics want to ban. New Jersey however
has gone one step further and has alone criminalized a fourth category of
guns. The toy-gun:
The weapon involved was no .357
Magnum or 9mm Beretta. Rather, it was a plastic air pistol that shoots plastic
pellets the size of papaya seeds.
Adults can legally buy the guns
for $20 to $75 online or at sporting goods stores without a firearms permit.
Parents can buy them for their underage children.
Yet New Jersey law defines them
as firearms. So, get caught with one and you could either walk away or be
arrested and charged under the state's tough gun code, which mandates stiff
prison terms for unlawful firearms possession.
Hence the scare quotes around "guns" in the title. He is facing a mandatory 3 year sentence for possessing a soft air gun.
Not to say he is totally innocent. A policeman observed him shooting at a
woman with his soft air gun. Indeed, not very nice. But was
shooting at her with a soft, plastic pellet the worst of his crimes? No,
not according to New Jersey:
He was arrested and later
indicted on various charges – the most serious being possession of a firearm
for an unlawful purpose.
Ironically, New Jersey can not prevent these "guns" from being
sold because of federal law, but at the same time they criminalize even
possession of the same.
However, state, county and
municipal governments cannot regulate or ban the sale of soft air guns because
federal law specifically prohibits them from doing so, Aseltine said.
The federal Bureau of Alcohol,
Tobacco and Firearms doesn't classify air or spring guns as firearms because
they don't have the essential parts of a firearm, such as a receiver or a
frame, said ATF spokesman Andrew Lluberes.
A federal guideline also states
specifically that a pellet gun, though "a dangerous weapon," is not a
firearm.
Still, a buyer who walks out of a
store in New Jersey with an air gun is technically carrying a firearm, under
state law.
"Someone could be prosecuted if they were carrying
these guns without a permit," Aseltine said. "But county
prosecutors have discretion whether to prosecute or not."
Some county prosecutors say
the best way to clarify the confusion is to treat air and spring guns like
firearms.
Once again, New Jersey prosecutors are trying the ruin the life of some
young man who is to be made an example of in their overzealous jihad against
guns.
|