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NJ man facing charges

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This guy made the wrong choice. He should have contacted UPS and had them return to pick up the package.

 

http://nj1015.com/ups-screwup-delivers-lots-of-guns-to-nj-mans-house-now-hes-facing-charges/

 

 

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I guess he thought that the "Finders Keepers" rule applied.

 

Sent from an undisclosed location.

Not in the PRNJ it doesn't!!! Even if he had called the police after receiving the package he probably would still have been charged with something!!! Hey! This is Jersey!!!!!

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If you read this page the guy may have a defense if he hires a really good lawyer.

 

http://www.consumer.ftc.gov/articles/0181-unordered-merchandise

 

NJ law says otherwise though. Perhaps he'll get lucky and successfully argue that he didn't "know" the owner, but most likely the package (if he opened it) had paperwork that said who the owner and/or intended recipient was.

 

 

NJSA 2C:20-6 Theft of property lost, mislaid, or delivered by mistake:

 

A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.

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If you read this page the guy may have a defense if he hires a really good lawyer.

 

http://www.consumer.ftc.gov/articles/0181-unordered-merchandise

 

Not only does the post above show that in NJ that might not apply, but also there is the issue of coming into the possession of firearms by non-legal means. This isn't just an NJ thing, it is a federal thing as well, as it involves cross state line acquisition of handguns which must involve FFL's in your home state.

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If he got the package by mistake, threw it in his garage UNOPENED, made NO social media posts or phone calls announcing it or advertising guns for sale/loan/etc., and then went on a business trip or a planned vacation and planned on dealing with it AFTER he returned home, that's one thing.  He then has "proof" of no intent to commit a crime.  As soon as he opens the box, discovers a Bill of Lading and/or an invoice, he's bound to notify the shipper or intended recipient.  Finders / Keepers doesn't apply, lol!

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Bought a house as is (stupid, I know). While cleaning the house, found a "rifle", 22 I guess. Could have been a BB. This was way before I knew anything about firearms. Called PD, they came, picked it up. And I am still here.

 

In short, if the guy called PD or NJSP or a lawyer, he wouldn't be sitting on bail.

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Not only does the post above show that in NJ that might not apply, but also there is the issue of coming into the possession of firearms by non-legal means. This isn't just an NJ thing, it is a federal thing as well, as it involves cross state line acquisition of handguns which must involve FFL's in your home state.

 

I'm not saying the guy is right. He should have called UPS to come and pick up the package as soon as he figured out what he received was not for him. With an expensive attorney he could play the "stupid card" I saw it on a government website to get his charges reduced.

 

Depending on what he tried to do with the contents the gun possession charges will probably be dropped as they are for almost all criminals and the theft charge reduced to possession of stolen property.

 

Provided he can pay several grand for a competent attorney. A public defender is not getting him out of this.

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It's my understanding all firearm shipments require signature. If this guy signed for it I can't imagine how he thought he'd get away with it.

 

Well. the things were repackaged, who knows if the original signature requirement was still there. Also sometimes they just drop off packages without signatures, including guns. 

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If the wrong label was put on the box, there would be no signature, unless his original package had it also.

Alright. Let's assume the re-labeling was a total screw-up, and that no signature required. The package is dropped off.

 

Then, someone with a devious intention should have spirited the entire package off to an undisclosed location. And when other parties came calling said "What package? Those front porch thieves must have made off with it."

 

Still dumb. And of course, illegal.

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Alright. Let's assume the re-labeling was a total screw-up, and that no signature required. The package is dropped off.

 

Then, someone with a devious intention should have spirited the entire package off to an undisclosed location. And when other parties came calling said "What package? Those front porch thieves must have made off with it."

 

Still dumb. And of course, illegal.

The problem is the cops recovered the guns. If they couldn't recover them and he played stupid he may have gotten away with it. I'm sure there was a search warrant. 

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