Don't know if this is a dupe or not. Pretty strange for NJ.
Handgun conviction thrown out on appeal
Two-judge panel orders new trial on two counts for Somerset man involved in altercation
Friday, June 10, 2005
BY MATTHEW REILLY
Star-Ledger Staff
A state appeals court yesterday overturned the conviction of a Somerset County man for illegal weapons possession because the gun, though illegally obtained and allegedly fired during an altercation, was in his possession while he was at home.
Ryan Quatrevingt was convicted of unlawful possession of a handgun, possession of a handgun for an unlawful purpose and aggravated assault. He was sentenced to seven years in prison, including a three-year minimum before parole eligibility.
The two-judge appeals panel reversed his conviction on the first count and ordered a new trial on the second and third count.
"The statute clearly states and our Supreme Court has clearly held 'one may possess an unlicensed handgun at home,'" the court wrote, citing a previous state Supreme Court ruling. The exemption from prosecution applies even if the gun has been obtained illegally, the appeals court ruled.
"'The means of acquisition of a gun and its actual or ultimate uses are, if not irrelevant, not determinative of whether a regulatory offense has occurred,'" the court wrote, citing the prior high court ruling.
Gregory R. Mueller, who represented Quatrevingt on the appeal, said the case law had been unclear on that point.
"There is an exemption in the law that says if you possess a gun, even without a permit, on your own property or premises, that's not illegal," Mueller said. "Would that apply if somebody acquired the gun illegally? The appellate court held that it still applies."
Court documents gave the following account of the incident:
Quatrevingt was charged following a fight that broke out between his girlfriend and his former girlfriend, Amanda Mujsce, on Nov. 27, 2002. Mujsce was home from California visiting her family in Berkeley Heights and planning to go out with her friends when Quatrevingt, whom she had dated for five years, called her and asked her to stop by his home in Warren Township.
Mujsce and a friend stopped at Quatrevingt's house. His girlfriend, Trysha Dozier, came out and a fight started between Dozier and Mujsce. After both fell to the ground, Dozier went into the house and Quatrevingt allegedly pointed a gun at Mujsce, yelled at her and punched her in the face. She then kicked him in the jaw and got to her feet.
"As Amanda got up, she saw a flash and heard a gun fire," court papers said. She wasn't hit. Mujsce then tried to call a friend on her cell phone, but Quatrevingt allegedly took the phone from her. She saw a white Lexus pull into the driveway, and the defendant threw an object into the car, which then pulled away.
Both Mujsce and Quatrevingt were brought in for questioning about the incident. Quatrevingt gave police a statement, but never mentioned that he had a gun or that he had fired it, a point that was brought up by the prosecution during his trial and cited by the appellate court in reversing his conviction.
"The state argued that the defendant's theory of the case at trial could not be truthful because he failed to disclose the existence of the weapon during police questioning," the appeals court wrote. "This is a violation of defendant's privilege against self-incrimination."
Matthew Reilly works in the Hunterdon County bureau. He may be reached at [email protected] or (908) 782-8326.
Handgun conviction thrown out on appeal
Two-judge panel orders new trial on two counts for Somerset man involved in altercation
Friday, June 10, 2005
BY MATTHEW REILLY
Star-Ledger Staff
A state appeals court yesterday overturned the conviction of a Somerset County man for illegal weapons possession because the gun, though illegally obtained and allegedly fired during an altercation, was in his possession while he was at home.
Ryan Quatrevingt was convicted of unlawful possession of a handgun, possession of a handgun for an unlawful purpose and aggravated assault. He was sentenced to seven years in prison, including a three-year minimum before parole eligibility.
The two-judge appeals panel reversed his conviction on the first count and ordered a new trial on the second and third count.
"The statute clearly states and our Supreme Court has clearly held 'one may possess an unlicensed handgun at home,'" the court wrote, citing a previous state Supreme Court ruling. The exemption from prosecution applies even if the gun has been obtained illegally, the appeals court ruled.
"'The means of acquisition of a gun and its actual or ultimate uses are, if not irrelevant, not determinative of whether a regulatory offense has occurred,'" the court wrote, citing the prior high court ruling.
Gregory R. Mueller, who represented Quatrevingt on the appeal, said the case law had been unclear on that point.
"There is an exemption in the law that says if you possess a gun, even without a permit, on your own property or premises, that's not illegal," Mueller said. "Would that apply if somebody acquired the gun illegally? The appellate court held that it still applies."
Court documents gave the following account of the incident:
Quatrevingt was charged following a fight that broke out between his girlfriend and his former girlfriend, Amanda Mujsce, on Nov. 27, 2002. Mujsce was home from California visiting her family in Berkeley Heights and planning to go out with her friends when Quatrevingt, whom she had dated for five years, called her and asked her to stop by his home in Warren Township.
Mujsce and a friend stopped at Quatrevingt's house. His girlfriend, Trysha Dozier, came out and a fight started between Dozier and Mujsce. After both fell to the ground, Dozier went into the house and Quatrevingt allegedly pointed a gun at Mujsce, yelled at her and punched her in the face. She then kicked him in the jaw and got to her feet.
"As Amanda got up, she saw a flash and heard a gun fire," court papers said. She wasn't hit. Mujsce then tried to call a friend on her cell phone, but Quatrevingt allegedly took the phone from her. She saw a white Lexus pull into the driveway, and the defendant threw an object into the car, which then pulled away.
Both Mujsce and Quatrevingt were brought in for questioning about the incident. Quatrevingt gave police a statement, but never mentioned that he had a gun or that he had fired it, a point that was brought up by the prosecution during his trial and cited by the appellate court in reversing his conviction.
"The state argued that the defendant's theory of the case at trial could not be truthful because he failed to disclose the existence of the weapon during police questioning," the appeals court wrote. "This is a violation of defendant's privilege against self-incrimination."
Matthew Reilly works in the Hunterdon County bureau. He may be reached at [email protected] or (908) 782-8326.
(well, assuming you don't bring those to a cat fight over a man!)
