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Actor using airsoft gun in low budget film charged in NJ

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And unfortunately d and d are totally jacking up the difference between bb, airsoft and pellet guns. I tried to get thru but couldn't

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IMO, they were trying to point out how the law defines BB & pellet guns as "firearms," even though there's no fire involved. They even had a caller that related a story from his youth about how he and his friends would go into the woods with BB guns, heavy clothing and eye protection to have "BB gun wars.". IMO, they believe this is B.S., and the majority of the callers that hour did too.

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Saw this posted elsewhere

http://www.njleg.state.nj.us/2010/Bills/S0500/454_I1.HTM

 

This bill would clarify that “airsoft” guns constitute firearms and therefore are subject to this State’s strict laws regulating the sale, possession, and use of firearms.

I assume this didn't pass since we are still talking about it?

 

 

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Thank you. Bad times when the judiciary branch tries to act like the legislative branch.

Agree Griz? I had mr johnsons civics class also

Zeke, I see no where the Judiciary is acting like the legislative branch.

 

1. The complaint is filled out by the police who believe or were told by a prosecutor there is probable cause. They apparently asked a judge for a warrant. The judge agreed there was pc.

 

2. Carlo's lawyer said there is very little leeway for prosecutors on Graves Act violations. As I said previously, Carlos criminal history influenced what was going to be done with this. His criminal record can also be used to determine sentencing. Carlo and others refer to these as youthful indiscretions. Six times? How many youthful indiscretions should one be allowed?

 

3. The judge at court appearance yesterday still found pc. It will go to the grand jury who will find pc and indict or not find probable cause and it will be dismissed (although it can be brought up again under certain circumstances).

 

No where did anyone act like the judiciary. It seems we will find out what the jury thinks when Carlo goes to trial unless a deal is cut. One generally gets their best deal before indictment.

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Definitive source, statute, or case law for this?

 

Nothing stating that it's legal, however NJ S810 was put forth in 2012 to try to define Airsoft guns AS Firearms since BB Guns are considered as such already in NJ.

 

It was introduced but was not heard.  Did not even go to committee.  This was not the first bill drafted to try to define them as firearms.  Since they are not defined as firearms, then they are legal.

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So the court is trying to define them as firearms.

 

Please don't get me misunderstood. The circumstances involving this could have been so avoidable with a few phone calls. Why is no one else arrested in this case? Is the prosecutor playing the Griz card?

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So the court is trying to define them as firearms.

Please don't get me misunderstood. The circumstances involving this could have been so avoidable with a few phone calls. Why is no one else arrested in this case? Is the prosecutor playing the Griz card?

The decision if it a firearm is not being made by the court. So far at least one cop, a prosecutor, and a couple of judges have the opinion there is pc for the case to continue. The grand jury will also determine pc. Carlo's attorney will have the opportunity to ask the case be dismissed. Ultimately the jury will decide if it was a firearm not the court.

 

Why has no one else been arrested? Probably because Carlo is the convicted felon. Who was everyone supposed to make phone calls to?

 

Griz card? Not sure what you mean by that.

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Why has no one else been arrested? Probably because Carlo is the convicted felon. Who was everyone supposed to make phone calls to?

 

Griz card? Not sure what you mean by that.

Do you think you would pass jury selection for this case?

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Do you think you would pass jury selection for this case?

Zeke-

 

GRIZ would more than likely be dismissed as selected by the judge or one of the challenge's allotted to the PA or DA.

 

Your point?

Zeke, just about everyone who has commented in this thread would be dismissed from this case for cause if the discussions were available to the prosecutor or defense. A jury is supposed to not have any preconceived attitudes about the defendant's being guilty or not guilty. The less a person knows about a case before the trial makes them more likely to be selected for a jury.

 

Being an active, former, or retired LEO is not grounds for a juror to be challenged for cause. However, most defense attorneys don't like them on juries in criminal cases. If they can't find reasons for a challenge for cause, they will use a peremptory challenge to have them dismissed from a jury. The defense wants a jury who'll find their client not guilty. The prosecution wants one that will convict. The judge and the cout rules are there to balance it out. Remember you only need one juror to hold out on a criminal case for a mistrial. The system is very biased toward the defendant's rights as dictated by the Constitution.

 

I would be more likely to be selected for the in this case than many others who have posted here. Most of what I've said is only how the system works. Knowing how the system works is not a disqualifier. Carlo's checkered past probably had a lot to do with him being charged. If he's been convicted 6 times there are undoubtedly at least several other times he got away with whatever crime he committed. Saying "he's trying to turn his life around" sounds like a liberal catch and release excuse. However. I also know that can't be brought up in court unless that has some relavance to the matter being heard (for example possession of a firearm by a felon).

 

I do not agree on jumping to the defense of everyone who has been arrested for carrying a firearm. There are plenty of cases much more worthy of support than this one as I've already stated.

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...Carlo's checkered past probably had a lot to do with him being charged. If he's been convicted 6 times there are undoubtedly at least several other times he got away with whatever crime he committed. Saying "he's trying to turn his life around" sounds like a liberal catch and release excuse. However. I also know that can't be brought up in court unless that has some relavance to the matter being heard (for example possession of a firearm by a felon).

 

I do not agree on jumping to the defense of everyone who has been arrested for carrying a firearm. There are plenty of cases much more worthy of support than this one as I've already stated.

 

I don't care if he was a member of an ISIS cell scheduled to murder everyone in Grand Central station the following day. Possession of an airsoft/BB gun, so long as it isn't be used to commit a crime, shouldn't be deserving of prison time.

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If you are invited, that means your house has to be broken into while you are having dinner.

 

(Cross thread shenanigans from here:

http://www.njgunforums.com/forum/index.php/topic/80846-if-you-use-your-gun-this-is-what-youre-up-against/?p=1030202)

Why so many parameters?

Lol

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The "actor" is not of my concern. The air soft gun is.

Agreed wholeheartedly.

The defendant is getting a raw rub from the arresting officer and the prosecutor.

And who knows, maybe it's karma coming to bite him in the ass for all the past shite he's done.

 

But like Zeke, my bigger concern right now is the possibility of this case back-dooring airsoft right out of the toy section and into the firearms world.

 

But like Harbor Freight and their slingshots, maybe Dicks and WalMart will have super secret exemptions from 2C:39 and 58 for 6mm airsoft.

After all, reality is already suspended here in the Glorious Peoples Republik of New Jerseystan.

As are our 2A rights under both the US and NJ Constitutions.

 

Welcome to your future, ladies and gents.

If it seems bleak, it's because it really is!!

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Update - he's talking about rejecting a plea deal and going to trial - hearing on Wednesday:

http://nj1015.com/actor-arrested-with-prop-gun-ill-roll-the-dice-risk-15-years-in-prison/

 

This still boggles my mind - how can he be charged with illegal possession of an "airsoft handgun"? 

 

Airsoft are not a firearm when you buy them, but turn into a firearm when the police see you with one?

I hope he's right about the jury and he walks.  I'm looking forward to reading the case transcript.

 

Edit: NJ2AS lawyer Jeff Henninger is representing him (NJ 101.5 talk show audio):

 

http://https://www.youtube.com/embed/1qKU7oJGBS8

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He caved and took a plea deal - can't say I blame him, but I really wish this had gone to court:

 

http://patch.com/new-jersey/woodbridge/woodbridge-actor-charged-fake-gun-takes-plea-deal

 

 

...But Bellario, a stand-up comedian and a struggling actor, also has a criminal record: Six prior convictions in two states, including for theft, credit card theft, and burglary. He has two young sons. He was facing a long time in jail if he gambled on a trial.

 

In a dramatic turn of events, he accepted the prosecutor's plea deal Wednesday afternoon: Confess to false public alarm, a third-degree charge, and do three years of probation. No jail time.

 

"As much as I would love, LOVE to fight this, I sat down with my lawyer and decided the deck is stacked against me," Bellario said. "But there's just no common sense in this case. OK, yes, you can blame it on me, that my record would have hurt me. But Jesus Christ, look at the merits of this case." ...

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