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MATTER OF TWO SEIZED FIREARMS

127 N.J. 84 (1992)

602 A.2d 728

IN THE MATTER OF TWO SEIZED FIREARMS.

The Supreme Court of New Jersey.

Decided March 4, 1992.

Attorney(s) appearing for the Case

Susan W. Sciacca, Assistant Prosecutor, argued the cause for appellant State of New Jersey (John J. Fahy, Bergen County Prosecutor, attorney).

Nancy E. Lucianna argued the cause for respondent Mark J. Sholtis (Lucianna & Lucianna, attorneys; Athan M. Mergus, on the briefs).

Gary J. Needleman submitted a brief on behalf of amici curiae Riverdale Police Pistol Team, Inc. and the National Rifle Association of America (Barbarula and Needleman, attorneys).

The opinion of the Court was delivered by O'HERN, J.

The question in this appeal is whether a non-resident gun owner may avoid the sanctions of New Jersey's gun-control laws on the basis that possession of the weapon was legal in the owner's state of residence and that the owner was merely transporting weapons through New Jersey without criminal intent and knowledge that New Jersey would regard the possession as illegal. In...

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