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D. Stallone

Does anyone carry even though it's illegal?

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OK what are the penalties for an otherwise upstanding citizen who gets caught with a loaded pistol in his vehicle. Serious question

 

I think 7-10 years with a minimum mandatory 3-5 and more if you have hollowpoints or high cap mags

 

Unless you are a felon already or dealing drugs. Then you get 1 year but out in months

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OK what are the penalties for an otherwise upstanding citizen who gets caught with a loaded pistol in his vehicle. Serious question

Loaded means nothing.

 

Crime of the 2nd Degree. 5 to 10 years. Expect 7. Chances of getting less than five years behind bars are very low - unless you commit a crime. Although committing a crime with a handgun should be a second Crime of the 2nd Degree, in reality it is customary to drop the gun charges in a plea deal.

 

Example 1 - Moshe Shlomoe, C.P.A - has never had a traffic ticket gets caught with an unloaded handgun - 5 to 7 years

 

Example 2 - Joe Schmidt robs a liquor store with a loaded handgun and also robs the people in there, maybe roughs one of them up a bit - gun charges plead away, 3 months to 2 years.

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OK what are the penalties for an otherwise upstanding citizen who gets caught with a loaded pistol in his vehicle. Serious question

3.5 years mandatory minimum under the graves act. More if you have hollow points. If you committed an actual crime you can plead the gun charges down or away.

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OK what are the penalties for an otherwise upstanding citizen who gets caught with a loaded pistol in his vehicle. Serious question

 

No priors? A slap on the wrist. Seriously.

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Ok ok, I get it I admit it's a retarded question, I was not at all thinking. ..wish I could delete this thread. And enough flaming please, I get it...

Never enough flaming for an ultra-retarded stupid ridiculous question like that.

 

So which branch of New Jersey government do you work for?

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OK what are the penalties for an otherwise upstanding citizen who gets caught with a loaded pistol in his vehicle. Serious question

Let's put it this way, because having an evil type of ammo on you is the same as having a gun (according to experts in this forum).

 

You were at the range earlier in the day and you had a dud round of hollow point .22lr. You put it into your pocket and forgot about it. Later that day you're in Shop Rite and as you're pulling out your Price Plus card the round falls out. The state trooper behind you arrests you.

 

Later that day a lunatic enters the store, points a gun at the manager, and demands all the money in the vault. The cops catch him a couple of miles away.

 

You get 5-10, most likely just 7 years but only if you let every criminal in the joint, including the warden, fukc you in the ass.

 

The vermin who robbed the store gets the gun charge dropped, pleads to simple robbery, gets 4 years and is out in two, just itching to do something more thrilling.

 

This is the fukcing joke of a state we live in.

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Possession of hollow points is a 4th degree indictable crime. The presumptive sentence for a 4th degree conviction is non custodial (probation and/or a fine).

Though you could get up to 18 months, depending on aggravating and mitigating factors.

 

Typically, a first time offender will NOT be sentenced to a custodial term for a 4th degree charge. In fact, barring some aggravating circumstance, that person will probably end up in PTI.

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Illegal possession of a firearm, however, is a second degree charge and will typically get you 3-5 years is State Prison.
That said, people get anything from PTI to 10 years for possession of a handgun.
 

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I do not know the wisdom of becoming a member of a group for which we arm ourselves against; criminals. How can I say it is OK to break the law to protect my family against a yet to be encountered threat and then condemn the man who robs my house to feed his starving children. Sure, he had other choices but so do I and I took advantage of that choice rather than join the criminal ranks, and moved out of NJ. Lo and behold, there are jobs and good schools outside of NJ and even a better life. Family is just an hour and a half away by plane.

 

 

the difference is clearly simple in my mind...

 

the criminal that robs you is committing a crime that violates the innocent... he is committing a crime against someone that does nothing... and he is making the choice to not "provide for his family" in a legal way...

 

the otherwise lawful citizen is committing a crime due to having no other option for protection.. living in a climate where the government offers no legal alternative..  and if he is to ever use that weapon.. he would likely be using it against someone in the act of self defense... 

 

so on a moral level.. the examples are entirely different... I would never group an otherwise law abiding hard working tax payer with the scum common criminal.. 

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So does Brian Aitken, having been sentenced to 7 years in jail for having unloaded handguns in the trunk of his car.

 

Aitken was sentenced for possession of hollow points, because on appeal the gun and high capacity magazine possession charges were dropped. 

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Aitken was sentenced for possession of hollow points, because on appeal the gun and high capacity magazine possession charges were dropped. 

 

 

Are you saying he was sentenced 7 years for hollowpoints, he was never sentenced to 7 years, or the sentence was changed on appeal?

 

I don't know the entire history of the case and appeals, but I am pretty sure the 7 years was for the handguns.

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The way I see it, there are only three possible outcomes to carrying illegally, none of them good:

 

1.) You carry for whatever period of time, have no need to use your gun, and you don't get caught.

That's your best possible outcome, but the net result is the same as if you did not carry.

 

2) You carry, and get caught by the police before you ever need to use your gun to defend yourself.

That's your worst possible outcome.  You are going to go to prison for years, and as a convicted felon, you will

lose a number of your rights, including the right to ever own guns.

 

3) You carry, and eventually use our concealed weapon to save your life.  You've stayed alive and avoided being

carried by six; but the twelve are going to send you off to prison for years anyway, with all the other consequences noted above.

 

IANAL, but that's the way I see it.

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The way I see it, there are only three possible outcomes to carrying illegally, none of them good:

 

1.) You carry for whatever period of time, have no need to use your gun, and you don't get caught.

That's your best possible outcome, but the net result is the same as if you did not carry.

 

2) You carry, and get caught by the police before you ever need to use your gun to defend yourself.

That's your worst possible outcome.  You are going to go to prison for years, and as a convicted felon, you will

lose a number of your rights, including the right to ever own guns.

 

3) You carry, and eventually use our concealed weapon to save your life.  You've stayed alive and avoided being

carried by six; but the twelve are going to send you off to prison for years anyway, with all the other consequences noted above.

 

IANAL, but that's the way I see it.

 

 

4th Outcome:

 

4)Greater than 50% of murders go unsolved. The only reason 50% are solved is because most involve either personal relationships (the most solvable) or known criminal relationships between different parties. The least likely to be solved would be a murder by a mugger in a simple mugging. However, since criminal activity in an area tracked and investigated, there is one type of murder even less likely to be solved - non-criminal self-defense against a party you have no connection with.

 

You have a Fifth Amendment Right against self-incrimination. Even if you are carrying legally, if you kill somebody in justifiable self-defense you are guilty of murder. You may have a self-defense defense to prosecution, or you may be in a Stand Your Ground State where the burden of proof is on the prosecution provided certain circumstances apply, but you are still guilty of murder absent establishing a defense. If you call the cops and tell them then you are admitting guilt of murder. You are not required to do that under the law.

 

Now, I am not a lawyer, but as ryan_j likes to say, "That is what a lawyer told me."

 

Once you enter the legal system with an admission to the cops that you have committed murder, who you are, and the evidence they need to confirm it, the rest of your life is a roll of the dice whether you were legally carrying or not.

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