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Actor using airsoft gun in low budget film charged in NJ

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Regarding Zeke's BB gun link http://www.nj.com/gloucester-county/index.ssf/2016/03/can_you_tell_which_gun_is_a_fake_neither_can_a_cop.html#incart_river_mobile_home

 

Since you need a P2P a BB pistol, I would assume the PRNJ does not differentiate between a S&W M&P 9mm

from a bb gun replica. For the PD to call it a "FAKE GUN" surprises me. one of 2 things are happening.

 

1) The PD and prosecutor are playing it down as they know that sending this guy to prison for 5 years on a handgun possession charge would be a joke! They let him go.

2) They will charge him with possession without a carry permit and send him to jail and Christie will offer a full pardon. unless the bbs are hollow points! If he had a pellet in there,

and look at the back of the pellet, it's hollow and the evil perp is screwed.

 

Why the heck anyone would stick that thing in his waist band in the first place? It will be interesting to see how and if he is charged.

From my conversations with blue family and friends. A tremendous amount of " hold ups" are committed with BB guns. Across the river you buy them at wallmart

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He called into N J101.5 this afternoon. He said he had gotten out of court an hour earlier. The best deal they would offer him was

3 years in prison. He said he was not an angel as a younger man and had at least one burglary conviction many years ago.

He asked the radio station if they could help him get the word out about his case and if Christie would step in for him, even though

he has a spotted past.

 

I still don't get how an Airsoft toy gun can get him in this much trouble.

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He called into N J101.5 this afternoon. He said he had gotten out of court an hour earlier. The best deal they would offer him was

3 years in prison. He said he was not an angel as a younger man and had at least one burglary conviction many years ago.

He asked the radio station if they could help him get the word out about his case and if Christie would step in for him, even though

he has a spotted past.

 

I still don't get how an Airsoft toy gun can get him in this much trouble.

Calling it a BB gun. And he is a prohibited person.

 

http://www.nj.com/middlesex/index.ssf/2016/03/nj_comedian_turns_down_plea_opts_for_trial_over_fa.html#incart_river_mobile_home

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It's nonsense that an airsoft gun is considered a firearm. 

 

This guy is getting the shaft.

 

But...he's not the right guy to be our poster child.  I really hope he gets off and if I'm on the jury he will, but rally behind this guy and there might be other surprises to come.

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So now a prohibited person is not allowed to have a toy? This was not a BB gun it wad an airsoft gun. Whats next 5 years for possesion of a slinky?

This guy is not squeaky clean. Maybe if he had broken into your house, stole your stuff, and used your credit cards you would feel different. I posted earlier that the prosecutor would offer this guy a deal and he did. Deals are based on your past record. This guy is not Shaneen, struggling single mom who's never been in trobule. Christie will go no where near this guy with a pardon and I don't blame him.

 

He's 48 years old and an aspiring actor and comedian. If he got caught several times you can be assured there were many more times he didn't get caught.

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This guy is not squeaky clean. Maybe if he had broken into your house, stole your stuff, and used your credit cards you would feel different. I posted earlier that the prosecutor would offer this guy a deal and he did. Deals are based on your past record. This guy is not Shaneen, struggling single mom who's never been in trobule. Christie will go no where near this guy with a pardon and I don't blame him.

 

He's 48 years old and an aspiring actor and comedian. If he got caught several times you can be assured there were many more times he didn't get caught.

There is no statute that says someone that spent time in prision is prohibited from using a toy.

 

Was he doing any of that stuff from his past when he was last arrested? Not that I've seen reported. The fact is he had a toy. He did not use the toy in the commission of a crime (water pistol to rob a bank).

 

Possibly a disorderly person ticket is in order. A firearms charge without a firearm or a crime is beyond ridiculous.

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This guy is not squeaky clean. Maybe if he had broken into your house, stole your stuff, and used your credit cards you would feel different. I posted earlier that the prosecutor would offer this guy a deal and he did. Deals are based on your past record. This guy is not Shaneen, struggling single mom who's never been in trobule. Christie will go no where near this guy with a pardon and I don't blame him.

 

He's 48 years old and an aspiring actor and comedian. If he got caught several times you can be assured there were many more times he didn't get caught.

He is a guy turning his life around, as you indicated an aspiring actor and comedian. He admits his past mistakes, have you admitted to stealing the occasional pen from the office. He was playing with a toy making a (what he thought) legitimate movie. I am so glad that when my kids were making their movie with the plastic tanks and army men that they were not in woodbridge, I can only imagine the charges: 200 counts of assault rifles and 15 counts of mechanized armed vehicles, and who knows how many of those high capacity mags each soldier had on them. Could be multiple life sentences.

I hope that SAG boycotts NJ for any film related activities, professional, indie, and student.

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There is no statute that says someone that spent time in prision is prohibited from using a toy.

Was he doing any of that stuff from his past when he was last arrested? Not that I've seen reported. The fact is he had a toy. He did not use the toy in the commission of a crime (water pistol to rob a bank).

Possibly a disorderly person ticket is in order. A firearms charge without a firearm or a crime is beyond ridiculous.

 

 

 

He is a guy turning his life around, as you indicated an aspiring actor and comedian. He admits his past mistakes, have you admitted to stealing the occasional pen from the office. He was playing with a toy making a (what he thought) legitimate movie. I am so glad that when my kids were making their movie with the plastic tanks and army men that they were not in woodbridge, I can only imagine the charges: 200 counts of assault rifles and 15 counts of mechanized armed vehicles, and who knows how many of those high capacity mags each soldier had on them. Could be multiple life sentences.

I hope that SAG boycotts NJ for any film related activities, professional, indie, and student.

This is a guy who's been convicted 6 times in criminal court. Not for "stealing a pen". Burglary is not "stealing a pen". His past record dictates what kind of deal he was offered. He has had 6 times to "turn his life around". If he had no criminal record there is no doubt he would have had charges reduced and no jail time.

 

You can support who you want. Send him Ramen noodles when he's in prison if you want. I heard somewhere that's the new prison currency since they don't allow cigarettes in prison. There are many more worthy causes to support.

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So it really is a BB gun or the prosecutor is lying or a genuine dumbass. But if it was an airsoft gun then wouldn't lying about the evidence be cause for a mistrial?

Or he doesn't know the difference?

If it is an air soft this guy should walk under the law. Disturbing the peace, creating a nuisance , no parade permit. Maybe.

If it is a BB gun he's screwed, and whomever gave it to him should be prosecuted.( under nj law as it's considered a fire arm.

 

 

May fear is the courts are trying to define air soft as a firearm.

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So it really is a BB gun or the prosecutor is lying or a genuine dumbass. But if it was an airsoft gun then wouldn't lying about the evidence be cause for a mistrial?

 

 

 

Or he doesn't know the difference?

If it is an air soft this guy should walk under the law. Disturbing the peace, creating a nuisance , no parade permit. Maybe.

If it is a BB gun he's screwed, and whomever gave it to him should be prosecuted.( under nj law as it's considered a fire arm.

May fear is the courts are trying to define air soft as a firearm.

A prosecutor knows better than to lie to a judge. Thats perjury. That would be grounds for the prosecutor to be dismissed and at the least have his license suspended.

 

Read HE's post #59 where he quotes the statute and raises the questions if an airsoft is a firearm under NJ statutes.

 

Whether or not an airsoft is a firearm and if it was being used as an imitation firearm is one the judge if he picks hearing or jury if he picks trial will answer.

 

As I said previously, this guy's past record influenced the charges he's facing. Prior convictions cannot be brought up in this trial. They do have influence in what someone is charged with and sentencing. Subsequent hearings and the grand jury will determine if sufficient probable cause exists to proceed to trial. He may be offered another deal right up to the time it goes to trial.

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Or he doesn't know the difference?

If it is an air soft this guy should walk under the law. Disturbing the peace, creating a nuisance , no parade permit. Maybe.

If it is a BB gun he's screwed, and whomever gave it to him should be prosecuted.( under nj law as it's considered a fire arm.

 

 

May fear is the courts are trying to define air soft as a firearm.

Airsoft.   I'm going to work with the assumption that the officer can tell the difference.

 

http://www.scribd.com/doc/299343173/Carlo-Bellario-police-report

 

WITHIN THE JURISDICTION OF THIS COURT, KNOWINGLY DID POSSES A AIRSOFT HANDGUN WITHOUT FIRST HAVING OBTAINED A PERMIT TO CARRY THE SAME UNDER NJS 2C:58-4, SPECIFICALLY BY HAVING ON HIS PERSON A BLACK AIRSOFT HANDGUN IN A BLACK HOLSTER INSIDE HIS WAISTBAND.

 

PC OFFICERS INVESTIGATION

THIS IS IN VIOLATION ON NJS 2C:39-5B

WARRANT TELEPHONIC ALLY AUTHORIZED BY JUDGE KEVIN MORSE ON 11.16.2015 AT 1425HRS TO PO R. BARTKO #590

 

So basically it is a FAIL as a complaint.

2C:58-4 Permit to carry a firearm   ->  No firearm,  no permit needed

2C:39-5B  Firearm knowingly in possession ->  No firearm

 

So he had a toy, that was in a holster.  The cop should get a refresher on the definition of firearm or he might arrest someone for shooting a spitball.

The persecuter and judge should both be disbarred for wasting everyone's time and money.   

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Airsoft. I'm going to work with the assumption that the officer can tell the difference.

 

http://www.scribd.com/doc/299343173/Carlo-Bellario-police-report

 

So basically it is a FAIL as a complaint.

2C:58-4 Permit to carry a firearm -> No firearm, no permit needed

2C:39-5B Firearm knowingly in possession -> No firearm

 

So he had a toy, that was in a holster. The cop should get a refresher on the definition of firearm or he might arrest someone for shooting a spitball.

The persecuter and judge should both be disbarred for wasting everyone's time and money.

Ok. Now it's bullshit.

But imitation firearm in commission of a crime?

 

Where did you pull that from Pete? And thank you.

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Airsoft.   I'm going to work with the assumption that the officer can tell the difference.

 

http://www.scribd.com/doc/299343173/Carlo-Bellario-police-report

 

 

So basically it is a FAIL as a complaint.

2C:58-4 Permit to carry a firearm   ->  No firearm,  no permit needed

2C:39-5B  Firearm knowingly in possession ->  No firearm

 

So he had a toy, that was in a holster.  The cop should get a refresher on the definition of firearm or he might arrest someone for shooting a spitball.

The persecuter and judge should both be disbarred for wasting everyone's time and money.

 

I guess we shall see.

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