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A police officer has the power to decide whether or not to write a ticket or make an arrest at a scene. Even if technically he could write a ticket or make an arrest, he isn’t required to do it unless ordered by a superior.

A judge doesn’t have to send someone to jail or even fine someone who encounters an over ambitious law officer.

My father was a municipal court judge and coincidentally a pitcher for his college baseball team. He also gave me a bb gun when I was 16.

I know for a fact that he would have seen this case coming a mile away and told the prosecutor to make it go away before he has to embarrass someone in open court. He would have dismissed the case when it got to him and told the boys not to mess with gun looking things at school…..done and over with.

Is it possible that all common sense has left NJ?

A school that is empty except for baseball players shooting at cups down the hallway is pretty much not the same as shooting random people on campus. How about a dean that confiscates the airsoft, tells the boys to cut it out, and not look like a moron to me in the newspaper.

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A police officer has the power to decide whether or not to write a ticket or make an arrest at a scene. Even if technically he could write a ticket or make an arrest, he isn’t required to do it unless ordered by a superior.A judge doesn’t have to send someone to jail or even fine someone who encounters an over ambitious law officer.

My father was a municipal court judge and coincidentally a pitcher for his college baseball team. He also gave me a bb gun when I was 16.

I know for a fact that he would have seen this case coming a mile away and told the prosecutor to make it go away before he has to embarrass someone in open court. He would have dismissed the case when it got to him and told the boys not to mess with gun looking things at school…..done and over with.

Is it possible that all common sense has left NJ?

A school that is empty except for baseball players shooting at cups down the hallway is pretty much not the same as shooting random people on campus. How about a dean that confiscates the airsoft, tells the boys to cut it out, and not look like a moron to me in the newspaper.

Depends on the individual Offense. Domestic Violence for example, there is NO Discretion, that is a "Shall" Arrest, as opposed to a "May" arrest situation. Also, Indictable Offenses dont allow for Discretion like Non-Indictable/Traffic offenses.

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A police officer has the power to decide whether or not to write a ticket or make an arrest at a scene. Even if technically he could write a ticket or make an arrest, he isn’t required to do it unless ordered by a superior.

A judge doesn’t have to send someone to jail or even fine someone who encounters an over ambitious law officer.

 

Except when you encounter an over ambitious officer who sends you to an over ambitious judge, and now you're in a cell.

 

Ask Brain Aitken,

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I agree, there are times when police must affect an arrest, and also times when judges have to impose minimum sentences. Nevertheless, if a policeperson sees someone or even responds to a person shooting airsoft, or a bbgun in their backyard they don't have to write a ticket or arrest or confiscate anything. Polite and cooperative behavior should lead to a reasonable outcome. My oppinion is that some laws in this state are too stupid and/or ambiguous to be seriously considered laws. We have to live with them the way they are for now and just hope for reasonable police, and judges. It's unfortunate when that doesn't occur. Police officers are trained to use their own discretion.

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I agree, there are times when police must make affect an arrest, and also times when judges have to impose minimum sentences. Nevertheless, if a policeperson sees someone or even responds to a person shooting airsoft, or a bbgun in their backyard they don't have to write a ticket or arrest or confiscate anything. Polite and cooperative behavior should lead to a reasonable outcome. My oppinion is that some laws in this state are too stupid and/or ambiguous to be seriously considered laws. We have to live with them the way there are now and just hope for reasonable police, and judges. It's unfortunate when that doesn't occur. Police officers are trained to use their own discretion.

 

I see what you mean, but, good luck with that. Maybe out in west Jersey or something. You shoot an airsoft gun in the backyard where I live and get ready to have some fun when they show up with god knows how many officers. I remember reading a while back on a tech site called Wired, some guys brought a replica of the gun from the video game Halo? Or was it Gears of War? to the office. Someone saw the guy in the window? Or was it walking into the building? And they got a nice visit from the SWAT team.

 

The only luck those guys had was that it is not illegal to own a damn toy so at least after they had machine guns stuck in their faces they got to go along with the rest of their day. I would not doubt for a second that you pull some airsoft gun crap in your backyard around here and find yourself in a jail cell.

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I am surprised as well that this happens. I can only imagine what would happen if open carry was legalized here. It would be scary how much people here would freak if they actually saw a civilian with a pistol strapped to their hip. Kind of scary actually to imagine how they would act....

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