State v. Rovito

The opinion of the Court was delivered by

POLLOCK, J.

The primary issue on this appeal is whether an offer or transfer of a firearm that is made “knowingly,” but not “pur posely,” as those terms are defined in N.J.S.A. 2C:2-2b, constitutes an unlawful disposition of the firearm under N.J.S.A. 2C:39-9d. The trial court charged the jury that a knowing disposition was sufficient, and the jury convicted the defendant of a violation of N.J.S.A. 2C:39-9d. In an unreported decision, the Appellate Division determined that the disposition must be intentional to be unlawful. Accordingly, the Appellate…