Where is constructive possession defined?

[SgtToadette 59]

I have my doubts about the interpretations I've read about constructive possession as it pertains to firearms law In NJ. When looking through 2C for an answer I came up short and every reference was in the context of CDSs. Anyone know where NJ defines it?

[tj462nj 32]

they most likely will not give you a definition of it, its purposely meant to be that way. you would only find out the definition when you are charged with it & in front of a judge

[Shane45 807]

2C:39-1w(5) states that an assault firearm is "a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person

[Contrvlr 17]

2C:39-1w (5)

A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

 

Damn , too slow again

[SgtToadette 59]

Two issues for me in understanding that statute:

 

1. "may be readily assembled"

 

2. "if those parts are in the possession or under the control"

 

That's where my confusion lies. What does readily assembled mean and there's still a reference to possession within the statute. Me thinks I'll need to pull out my notes from my Criminal Law class.

[Shane45 807]

I think the language is pretty clear. If you have position of it and it can be assembled...yer toast. I was even advised by Nappen that even having position of a part on a firearm it is perfectly legal on is an issue if you have a firearm that it would be illegal on.

 

Here is some reference that has some possession language explanation in it. But the bottom line is I think you can always count on a decision NOT coming down in your favor in this state

 

 

https://www.judiciary.state.nj.us/criminal/charges/weapons10.pdf

[ogfarmer 138]

wow!  spell check broken?

[Shane45 807]

Funny u should say that. Indeed it was making rather odd corrections but I was in a hurry and didn't check the checker...

[raz-0 1,259]

Two issues for me in understanding that statute:

 

1. "may be readily assembled"

 

2. "if those parts are in the possession or under the control"

 

That's where my confusion lies. What does readily assembled mean and there's still a reference to possession within the statute. Me thinks I'll need to pull out my notes from my Criminal Law class.

 

Look up constructive intent. It has been used federally for BS NFA charges, no reason it can't be used in NJ given the chapter and verse stated. Points 1 and 2 mean what they can convince a jury it means. If you ahve ever served on a jury in NJ, you know what kind of BS they tell the potential jurors with regards to the authority of the government and the court. Which is why I take jury duty seriously. 

[ESB 247]

On 2/26/2014 at 3:43 PM, Shane45 said:

I think the language is pretty clear. If you have position of it and it can be assembled...yer toast. I was even advised by Nappen that even having position of a part on a firearm it is perfectly legal on is an issue if you have a firearm that it would be illegal on.

 

Here is some reference that has some possession language explanation in it. But the bottom line is I think you can always count on a decision NOT coming down in your favor in this state

 

 

https://www.judiciary.state.nj.us/criminal/charges/weapons10.pdf

So does that mean that you cannot own a Non-NFA Other and a Rifle at the same time because swapping uppers on both would make both illegal?  

[Mr.Stu 1,922]

Here:

Quote

2C:39-1  Definitions.

2C:39-1.  Definitions. The following definitions apply to this chapter and to chapter 58:

 w.   "Assault firearm" means:

(5)   A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.