State Ex Rel. Gc

846 A.2d 1222, 179 N.J. 475, 2004 N.J. LEXIS 460
CourtSupreme Court of New Jersey
DecidedMay 4, 2004
StatusPublished

This text of 846 A.2d 1222 (State Ex Rel. Gc) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Gc, 846 A.2d 1222, 179 N.J. 475, 2004 N.J. LEXIS 460 (N.J. 2004).

Opinion

846 A.2d 1222 (2004)
179 N.J. 475

STATE of New Jersey, in the Interest of G.C.

Supreme Court of New Jersey.

Argued January 20, 2004.
Decided May 4, 2004.

*1223 Simon L. Rosenbach, Assistant Prosecutor, argued the cause for appellant, State of New Jersey (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).

Thomas R. Ashley, Newark, argued the cause for respondent, G.C. (Ashley & Charles, attorneys).

Justice VERNIERO delivered the opinion of the Court.

After shooting a paintball gun at an unoccupied automobile, the juvenile in this case pled guilty to unlawful possession of a weapon, a fourth-degree offense. That offense occurs when a person knowingly possesses certain weapons "under circumstances not manifestly appropriate for such lawful uses as [they] may have[.]" N.J.S.A. 2C:39-5d. Such circumstances, the Appellate Division essentially concluded, do not include the firing of a weapon at an object such as an automobile but rather require the threatening of harm to a person. Based on that conclusion, the panel set aside the juvenile's plea. We disagree and reverse.

I.

The facts are straightforward. On June 29, 2001, G.C., a juvenile who was then age fifteen, shot a paintball gun at an automobile parked in a driveway. According to a complaint filed by J.H., the vehicle's owner, the paintball pellet hit the car, causing unspecified damage to it. The State ultimately charged G.C. with offenses that, if committed by an adult, would constitute criminal mischief to a motor vehicle, N.J.S.A. 2C:17-3a; possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d; and unlawful possession of a weapon, N.J.S.A. 2C:39-5d. G.C. subsequently pled guilty to the unlawful possession charge, which is a fourth-degree offense under N.J.S.A. 2C:39-5d. As a result of that plea, the State dismissed the remaining charges.

*1224 At a hearing conducted by the trial court, the following colloquy took place between G.C. and his attorney to establish the factual predicate for his plea:

Q. And is it correct that you wish to plead guilty to [ ] count two, which is a fourth-degree possession of a weapon and [that] all the other charges are being dismissed?
A. Yes.
Q. Are you doing so voluntarily and waiving your right to trial by doing that?
A. Yes.
Q. Okay. [G.C.], ... on June 29th of this year were you in Piscataway?
A. Yes.
Q. And on that day did you come into possession of a paintball gun?
A. Yes.
Q. And did you shoot at the car of somebody—what's the name of the person?
A. [J.H.]
Q. [J.H.], and you shot the paintball gun at the car of that person?
A. Yes.

Based on those admissions, the trial court accepted G.C.'s plea. (We assume that the car was unoccupied at the time of the offense, although the above colloquy is not entirely clear in that regard.) The court committed the juvenile to the custody of the Juvenile Justice Commission for one year. Because G.C. was on probation for prior offenses when he committed the unlawful possession offense, he also pled guilty to violating his probation. Regarding the probation offense, the court sentenced G.C. to two years incarceration to run concurrently with the sentence imposed for the weapons offense. The court also assessed the appropriate fines and penalties.

On appeal before the Appellate Division, G.C. claimed that his guilty plea should be set aside because it lacked an adequate factual basis. Specifically, the Appellate Division considered whether a paintball gun is a "weapon" and, further, whether defendant possessed it "under circumstances not manifestly appropriate for such lawful uses as it may have[.]" N.J.S.A. 2C:39-5d. The court concluded that a paintball gun is a weapon for purposes of the statute, disagreeing with G.C.'s contrary contention. In re G.C., 359 N.J.Super. 399, 407, 820 A.2d 93, 97-98 (App.Div.2003). In so doing, the court cited the definition of "weapon" found in N.J.S.A. 2C:39-1r. Id. at 405, 820 A.2d at 97.

As for the second issue, the panel concluded that "there was a lack of correlation between what enabled a paintball gun to fall within the definition of a weapon under N.J.S.A. 2C:39-1r and the circumstances surrounding the possession that were manifestly inappropriate for such lawful uses it has." Id. at 409, 820 A.2d at 99. The court reasoned that, because G.C.'s use of the paintball gun did not pose a threat of harm to a person, the juvenile's plea could not be sustained under N.J.S.A. 2C:39-5d. Id. at 409-10, 820 A.2d at 99. Accordingly, the court set aside G.C.'s conviction and sentence for unlawful possession of a weapon as well as his sentence concerning the probation violation. Id. at 410, 820 A.2d at 99.

We granted the State's petition for certification. 177 N.J. 495, 828 A.2d 922 (2003). The sole question before us is the second question considered by the Appellate Division, namely, whether N.J.S.A. 2C:39-5d requires for conviction that the accused knowingly possessed a weapon under circumstances indicating a likely threat of harm to a person.

II.

The focus of this dispute is N.J.S.A. 2C:39-5, which provides in part:

*1225 a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in [N.J.S.A.] 2C:58-5, is guilty of a crime of the third degree.
b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun without first having obtained a permit to carry the same as provided in [N.J.S.A.] 2C:58-4, is guilty of a crime of the third degree.
c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of [N.J.S.A.] 2C:58-3, is guilty of a crime of the third degree.
(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.
d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

[(Emphasis added.)]

As indicated, subsection d establishes as a fourth-degree offense "the possession of any weapon other than certain unlicensed firearms `under circumstances not manifestly appropriate for such lawful uses as it may have.'" State v. Lee, 96 N.J. 156, 161, 475 A.2d 31, 33 (1984) (quoting N.J.S.A. 2C:39-5d). In a separate provision, "weapon" is defined as "anything readily capable of lethal use or of inflicting serious bodily injury." N.J.S.A. 2C:39-1r. That definition also includes certain identified objects, ibid., as well as "firearms," which are defined in N.J.S.A. 2C:39-1f. See generally Cannel, New Jersey Criminal Code Annotated,

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Related

State v. Butler
445 A.2d 399 (Supreme Court of New Jersey, 1982)
State v. Green
303 A.2d 312 (Supreme Court of New Jersey, 1973)
State v. Lee
475 A.2d 31 (Supreme Court of New Jersey, 1984)
State in Interest of GC
820 A.2d 93 (New Jersey Superior Court App Division, 2003)
State ex rel. G.C.
846 A.2d 1222 (Supreme Court of New Jersey, 2004)

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Bluebook (online)
846 A.2d 1222, 179 N.J. 475, 2004 N.J. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gc-nj-2004.