(NJ) Firearm charges are filed after handgun discharges

[Drizzt]

Firearm charges are filed after handgun discharges

Thursday, August 18, 2005
By SEAN C. McCULLEN
Staff Writer

BRIDGETON -- A resident of the 100 block of South Pine Street was arrested early Wednesday after he "accidentally" discharged a handgun while exiting a vehicle in front of his home, resulting in a bullet striking his neighbors' home, police said.

No one was injured in the home that was struck by the bullet, according to police.

Pablo Matias-Ruiz, 36, was charged by Det. Earl "Skip" Burgmann with possession of a firearm in a motor vehicle, possession of hollow-point bullets, possession of a weapon for an unlawful purpose, unlawful possession of a weapon and criminal mischief, Det. Lt. Michael Gaimari said.

He was lodged in the county jail in lieu of $50,000 bail, Burgmann said.

The shooting was reported to police at 1:09 a.m. Matias-Ruiz was charged in connection with the incident sometime after 5 a.m., according to Burgmann.

"Upon getting out of the vehicle, the weapon allegedly accidentally discharged, and was fired into the neighbors' house," Gaimari said.

Police did recover the handgun believed to have been fired in the incident, Gaimari said.

http://www.nj.com/news/bridgeton/local/index.ssf?/base/news-1/1124358016176870.xml&coll=10

How do they determine that the purpose of your possession of a handgun is unlawful?

 

[P95Carry]

All seems irrelevant - when we consider the dreaded ''hollow point bullets'' - all else pales into insignificance!!!

''Accidentally discharged'' - shucks - that's an ND anyways - and sure as heck, NJ AIN'T the place to have one of those.!

 

[Desertdog]

Are there any pro-gun groups out there willing to go to bat for this guy?

It sounds like a whole lot of charges for a simple ND. Glad I'm not in that state, although the PRK is probably almost as bad, but I have never heard of so many charges for something like this.

 

[Aguila Blanca]

As usual ... I am confused.

If the popo determined that the firearm discharged accidently, where did they dredge up the criminal mischief charge?

Once again I am forced to utter my plaintive cry in vain: "Can't we just charge 'em with what they actually did and get on with it?" Why do police (some, not all) and prosecutors (most, but admittedly not all) seem to tack on innumerable loosely related charges that are so unrelated to the actual facts that often they leave you just scratching your head and wondering "Where the *** did THAT come from?"

 

[PATH]

Unless you have a carry permit in New Jersey you may only carry boxed and locked. Well it does not sound as if that was the case here. The law stinks but there you have it!

 

[Coronach]

Hmm. Given the set of charges and the choice of words used by the Lt., I'm guessing that the defendant is claiming it was an ND, and the cops aren't buying it. The rest is the emphasis/spin applied by the news agency.

Just a guess.

Mike

 

[Matt G]

That's how I read it, too. They likely figure that the criminal mischief and the "possession with intent for criminal purpose" won't fly, so they're throwing the other indisputable possession charges at him. If they had a witness and could prove intent, they'd likely charge him with "Deadly Conduct" or whatever the equivalent is in NJ, for shooting at the house. Some of those laws (Possession of HP Ammo, for instance) are pretty dadgummed draconian and just plain stupid (thank goodness the ammo was HP-- FMJ might well have penetrated further and hurt someone), but at least a deserving citizen gets to be the brunt of them. At best, he's a dangerous scofflaw. At worst, he's a violent felon.

 

[WT]

Normally the bail is $5,000 - $10,000 with 10% down for a good citizen with no record. His is $50,000 which is very high. There is more to the story than has been published. I'll bet that this guy had previous experiences with law enforcement.

If he purchased the weapon on the street without going thru formal procedures, well that could nail him too.

The prosecutor's get their knickers twisted up when someone carries hollowpoints. Retired LEO's from other states should take note that carrying HP's in NJ is a no-no.

That said, if he is a certified good guy, he will not get any jail time ...... probably PTI and a stern lecture.

 

[firefighter4884]

While it's not PC to carry HPs in NJ, they are available for sale at most sporting good stores, still, as people have noted, it's probably not a good idea.

My co worker and I both load our HD pistols with Federals EFMJ ammo (expanding full metal jacket). Yes, we both live in this state.

--Jim

 

[RavenVT100]

I used EFMJ as well. But it doesn't matter too much, honestly. You can have as many HPs as you want in your house, in your trunk to and from the range, at the range, and to and from the store where you're buying 'em. It's carrying HPs that they don't want, and which no exemption covers, and since you're less likely to get issued a carry permit in New Jersey than Jesus H. Christ, that's kind of irrelevant.

 

[armoredman]

I have to ask - why do you stay, under such communistic laws? I can't imagine having to live under such restrictions.

 

[WT]

Family, good jobs & salaries, good schools, decent housing, moderate weather, the Jersey shore, sail boating, near NYC and Philadelphia entertainment, skiing in the winter, hiking on the AT, a super abundance of large deer during hunting season, most people speak English .......

Guns aren't the only thing in my life.

 

[RavenVT100]

I'm ditching this state as soon as my current job runs its course. That much is for certain.

 

[Nathaniel Firethorn]

Guns aren't the only thing in my life.

+1.

I'm ditching this state as soon as my current job runs its course. That much is for certain.

We'll miss you, Raven.

- pd

 

[RavenVT100]

If I didn't have kids, I might stay, but I refuse to subject them to this for any longer than absolutely necessary.

It's honestly more about the taxes and cost of living than guns.

 

[Nathaniel Firethorn]

Know what you mean about the taxes, and we aren't planning to retire here either. But there are ways to minimize the tax BS. A friend of ours live in Brick, where the school board is a little less rapacious than it is in Franklin.

Taxes are just one part of total cost of living. There are a lot of cost-of-living calculators on the net, for instance http://www.bestplaces.net/col/ and http://realestate.yahoo.com/realestate/neighborhood/main.html .

- pd

 

[RavenVT100]

Yeah, I've lived in many parts of the country. My current location in NJ has been the highest COL by far.

I'm looking to move to either FL or TX. Both have places where my current line of work is being hired, both are decent for taxes. Both are very pro-freedom and pro-personal responsibility cultures. Hopefully in a couple of years.

 

[MikeIsaj]

Family, good jobs & salaries, good schools, decent housing, moderate weather, the Jersey shore, sail boating, near NYC and Philadelphia entertainment, skiing in the winter, hiking on the AT, a super abundance of large deer during hunting season, most people speak English .......

All but family are available in Pa. and you don't need to surrender your rights at the state line. Personally I don't count "near NYC" as a plus but, to each his own. I have a horse that lives in NJ. it is cheaper than anywhere in Bucks County. It also give me an excuse to be there to buy the cheaper gas. Other than that, I have no use for the state.

 

[geekWithA.45]

How do they determine that the purpose of your possession of a handgun is unlawful?

NJ law is structured such that possession of any firearm is presumed unlawful unless the defendant can show that an exemption exists in his specific case.

The exemptions are complex and technical, basically amounting to posession being OK if you have a FID, are in an approved place (home/range/hunting/gunsmith) or unloaded, cased and trunked en route directly to or from such an approved place.

Incidentally, the only exemption that exists for having a loaded gun in your car is having a carry permit, which still doesn't allow you to have HP.

 

[P95Carry]

Geek - all you have listed sounds just like UK used to be - before they became so ''safe'' after calling in handguns!

 

[Cosmoline]

If I lived over there, I'd be discharging HP's into the heads of the police. It's a tyrant state where the mob and the cops are difficult to tell apart.

 

[ZeroX]

Somehow, I'm not surprised this is a Jersey story.

 

[All-Around-Shooter]

I really hate the stupid laws here.But what if this guy was carrying an illegally
obtained pistol? for illegal purposes? And then had an ND as well?

This story doesn't say anything about his record,or how he got his gun.
Once you have a blaring ND you lose all credibility.
Would you protect his right to have a firearm or call the cops yourself.

For honest, law abiding people.
I am strongly in favor of 2A, I wish that there was no such thing as a CCW
permit. You should be able to carry without gov't permission.

Thugs don't deserve any slack. I wouldn't shoot a cop because he arrested a creep with hollowpoints.


BTW, Hollowpoints are totally legal in NJ as long as you use them for legal
purposes. But I still would use my 12 Ga. W/Buckshot for HD.

 

[Standing Wolf]

NJ law is structured such that possession of any firearm is presumed unlawful unless the defendant can show that an exemption exists in his specific case.

Innocent until proven guilty except in New Jersey, I guess.

 

[David N]

What is the argument against hollow points?